State v. Christopher Lee Pac.

• Docket Number: CA2023-02-018
• Decision Date: 28 December 2023
• Parties: STATE OF OHIO, Appellee, v. CHRISTOPHER LEE PACIFIC, Appellant.
• Court: Ohio Court of Appeals

1

2023-Ohio-4779

STATE OF OHIO, Appellee,
v.
CHRISTOPHER LEE PACIFIC, Appellant.

No. CA2023-02-018

Court of Appeals of Ohio, Twelfth District, Warren

December 28, 2023

APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 22CR39899

David P. Fornshell, Warren County Prosecuting Attorney, and Kirsten A. Brandt, Assistant Prosecuting Attorney, for appellee.

The Helbling Law Firm, LLC, and John J. Helbling, for appellant.

OPINION

HENDRICKSON, P.J.

{¶ 1} Christopher Lee ("Appellant") appeals his convictions in the Warren County Court of Common Pleas for failure to comply with an order or signal of a police officer, driving under suspension, and obstructing official business.

Factual Background

{¶ 2} On October 28, 2022 at around 3:30 a.m., Franklin Police Officer Keil ("Officer

2

Keil") was on duty when he stopped at a red light in the far-right lane of a street within the city of Franklin. He then noticed a silver Ford Fusion in the far-left hand turn lane, and it appeared its rear license plate was not illuminated. He further observed a white male in the driver seat wearing a toboggan cap and a sweatshirt with a camouflage design as well as a female in the front passenger seat. Officer Keil was not able to identify either individual. The Ford turned left while he turned right. He then looked in his rearview mirror and confirmed the Ford's license plate light was not on.

{¶ 3} At that point, Officer Keil made a U-turn and proceeded toward the Ford. After catching up, he was able to read its license plate as being "DTW 9452" and conveyed this to dispatch. After activating his overhead lights, Officer Keil turned on his cruiser's siren for several quick bursts to attempt to initiate a stop. However, when the Ford continued to accelerate, he flipped on the siren, notified dispatch that the Ford was failing to comply, and began to pursue the vehicle.

{¶ 4} During the ensuing pursuit, Officer Keil observed the Ford pass another vehicle by crossing over the double yellow lines at speeds between 65 and 70 miles per hour. The Ford then continued to accelerate to between 80 and 100 miles per hour through bends in the road. The Ford proceeded to disobey several traffic signals while continuing to speed at times in excess of 100 miles per hour. Officer Keil eventually lost sight of the vehicle and stopped his pursuit around 3:53 a.m. However, he was notified by dispatch that the address associated with the license plate of the Ford was 105 Cole Avenue, Miamisburg, Ohio, and that Miamisburg Police were heading to the address. Officer Keil and another Franklin police officer who had joined the pursuit proceeded to the address.

{¶ 5} Deputy Sheriff Billmaier ("Deputy Billmaier") with the Warren County K-9 Unit was also on patrol that night. After hearing the police chase over the radio, he also drove to 105 Cole Avenue. Upon arriving near the address, Deputy Billmaier noticed a Ford he

3

believed matched the description of the vehicle involved in the chase. He then saw an individual shut the Ford's driver side door and start walking towards him and 105 Cole Avenue. When the individual was within ten feet of him, Deputy Billmaier exited his vehicle and told the individual to stop. At that point, the individual turned and ran in between 105 Cole Avenue and a neighboring house. Notably, 105 Cole Avenue is part of a duplex with 912 Park Avenue. Deputy Billmaier did not pursue the individual because his radio was malfunctioning which prevented him from notifying other officers of a pursuit. As he retreated to his vehicle, Miamisburg police arrived at the scene and saw the individual run into the back of the duplex. Shortly thereafter, Officer Keil also arrived at the duplex.

{¶ 6} Miamisburg officers made contact with a woman, later determined to be Appellant's mother, and she consented to a search of the residence at 912 Park Avenue. Initially, the officers made a perimeter around the residence, opened the rear door to the home, and held Deputy Billmaier's canine partner at the door. After making several commands for anyone inside to come out, Miamisburg police decided to search the residence themselves and not use canine assistance.

{¶ 7} No one was found in the lower level of the residence, but the officers observed scattered items in the laundry area and footprints on top of one of the appliances. Directly above the appliances was an attic entrance. Miamisburg officers entered the attic and apprehended Appellant, who was wearing a sweatshirt with a camo design and a black toboggan cap. The keys to the Ford were not found and it was determined that Appellant's license was suspended.

Procedural Posture

{¶ 8} Appellant was charged with four crimes: (1) Failure to Comply with an Order or Signal of a Police Officer; (2) Driving Under Suspension; (3) Obstructing Official Business; and (4) Illegal Use or Possession of Drug Paraphernalia. The drug-related

4

charge and the facts surrounding it are not at issue on this appeal.

{¶ 9} At trial, Officer Keil identified the individual apprehended on October 28, 2022 as Appellant and noted that the Ford vehicle parked on Cole Avenue that day had the same license plate number as the vehicle he pursued. Deputy Billmaier verified at trial that Appellant was the individual who shut the driver's side door to the Ford and ran from him. Appellant moved for acquittal at trial, but it was denied by the court. The jury found Appellant guilty on all counts except the drug-related charge. The trial court sentenced Appellant to 30 months, six months, and 90 days for each charge respectively and ran all sentences concurrently. Appellant's driver's license was suspended for life.

{¶ 10} First Assignment of Error:

THE JURY ERRED TO THE PREJUDICE OF DEFENDANT-APPELLANT BY FINDING HIM GUILTY OF COUNTS I, II AND III WITHOUT SUFFICIENT EVIDENCE

{¶ 11} Second Assignment of...