State v. Ogle
| Decision Date | 26 July 2013 |
| Docket Number | Case No. 12CA11,Case No. 12CA12,Case No. 12CA2,Case No. 12CA19,Case No. 11CA29,Case No. 11CA32 |
| Parties | STATE OF OHIO, Plaintiff-Appellee, v. MELANIE A. OGLE, Defendant-Appellant. |
| Court | Ohio Court of Appeals |
DECISION AND JUDGMENT
ENTRY
APPEARANCES:
Dennis P. Evans, Connor, Evans, & Hafenstein, Columbus, Ohio, for Appellant on Case No. 11CA29
Laina Fetheroff, Hocking County Prosecutor, and William Archer, Assistant Hocking County Prosecutor, Logan, Ohio, Case Nos. 11CA29 and 12CA12.
Melanie A. Ogle, Pro Se, Rockbridge, Ohio, for Appellant, as to Case Nos. 11CA32, 12CA2, and 12CA19.
Benjamin E. Fickel, Logan, Ohio, for Appellant on Case Nos. 12CA11 and 12CA12.
Timothy P. Gleeson, Special Prosecuting Attorney, Logan, Ohio, for Appellee, on Case Nos. 11CA32, 12CA2, 12CA11, and 12CA19
{¶1) In this consolidated appeal, Defendant-Appellant Melanie A. Ogle appeals various judgment entries of the Hocking County Common Pleas Court in criminal case numbers 09CR0125 and 12CR0038. In case number 09CR0125, Appellant was convicted by a jury of assault of a peace officer, a violation of R.C. 2903.13(A)/2903.13(C)(3), and a felony of the fourth degree.1 As to case number 12CR0038, Appellant entered an Alford plea upon a reduced charge of criminal damaging, a violation of R.C. 2909.06(A)(1), and a misdemeanor of the second degree. Having reviewed the record and the pertinent law, we find as follows:
{¶2) Ogle and Ohio Power Company have been engaged in civil litigation over the last several years. The disputes began with Ohio Power's desire to construct a telecommunications tower and obtain an easement through the Ogles' property.2
{¶3) Very generally, the facts relating to Appellant Melanie Ogle's conviction for assault on a peace officer are set forth as follows. On September 9, 2009, after work, Appellant and her husband returned to their residence on Donaldson Road around 5:20 p.m. to find Pike Electric and American Electric Power, (hereinafter "AEP") vehicles parked on Donaldson Road. AEP's contractors were constructing an electric line. The access to the Ogles' driveway was blocked by three trucks. Appellant and her husband began honking the horn and yelling at the workers.
{¶4) At the same time and place, Hocking County Sheriff's Deputy Trent Woodgeard (hereinafter, "Woodgeard") was working a specialassignment on behalf of AEP to keep peace and order at the job site. Because of the commotion Appellant and her husband were making, Woodgeard decided to initiate contact. When he attempted to do so, Appellant and her husband failed to comply with requests he testified he made. Instead, when able, the Ogles evaded Woodgeard and drove into their driveway. They testified they drove away because the officer was trying to get into their vehicle and they had done nothing wrong. Woodgeard pursued the Ogles and a physical confrontation ensued outside their residence between Woodgeard and Appellant.
{¶5) As a result of the events which transpired on September 9th, 2009, Appellant was indicted by the Hocking County Grand Jury on one count of assault of a peace officer. The case proceeded to jury trial and on August 11, 2011, the jury returned a verdict of guilty. Appellant was sentenced to six months in a county jail,3 a fine and restitution. Various appeals have followed Appellant's felony conviction. For purposes of brevity, the facts relevant to each case number on appeal will be set forth more fully where applicable below.
I. THE TRIAL COURT ERRED WHEN IT ENTERED JUDGMENT AGAINST THE APPELLANT WHEN THE EVIDENCE WAS INSUFFICIENT TO SUSTAIN A CONVICTION.
II. THE TRIAL COURT ERRED IN OVERRULING APPELLANT'S MOTION FOR ACQUITTAL PURSUANT TO CRIMINAL RULE 29.
III. THE TRIAL COURT ERRED WHEN IT ENTERED JUDGMENT AGAINST THE APPELLANT WHEN THE CONVICTION AND WAS NOT SUPPORTED BY THE MANIFEST WEIGHT OF THE EVIDENCE (Sic.).
Supplemental facts
{¶6) At trial, the State of Ohio presented testimony from Jason Stacy, Sheriff Lanny North, Trent Woodgeard, and Sgt. Kevin Groves. Jason Stacy, a supervisor for AEP, testified AEP was slightly behind in their work on September 9, 2009. The workers had just set a pole and were trying to connect the line. Three trucks in fact were blocking the Ogles' driveway. The job site was loud due to the diesel trucks and the drilling that was being done.
{¶7) Stacy testified he was talking with Woodgeard when he heard aggressive and repetitive honking. He could see someone in a black truck acting in a threatening manner and cursing. At this point, he felt uncomfortable in turning his back. He saw Woodgeard go from one side of the truck to the other trying to get the situation calmed down. Specifically,he observed Woodgeard say to the female passenger "Calm down, knock it off." The truck sped away and Woodgeard followed in his vehicle. At this point, Stacy could not see what happened on the Ogles' property. Stacy testified it was the most threatening incident he had seen on the job.
{¶8} Sheriff Lanny North testified Woodgeard was employed by the Hocking County Sheriff's Department on the date of the incident. AEP had previously contacted the sheriff's office in order to obtain an officer to keep the peace at the job site on Donaldson Road. He acknowledged there was no written contract between AEP and the sheriff's department.
{¶9} Woodgeard also testified he was a full-time deputy with the Hocking County Sheriff's Office, working special duty on behalf of AEP when the altercation occurred. Woodgeard was wearing his deputy's uniform and driving a sheriff's cruiser. He had been authorized by the sheriff's department to do so.
{¶10} Woodgeard's version of the events leading to his assault began as he watched the Pike Electric and AEP workers on Donaldson Road. When Woodgeard heard honking and yelling, he also noticed the Ogles' truck parked in front of an AEP truck. He saw the passenger in the truck throw up her hands, moving around inside and yelling. He first decided to let hervent. An AEP employee went to move the AEP truck, but Mrs. Ogle continued to scream.
{¶11} Woodgeard decided to address the situation with Appellant so he walked to the passenger side of the truck, made direct eye contact with her, and asked her to step outside.4 She did not comply and continued to yell. Woodgeard placed his hand on the passenger side door and the Ogles drove away at a high rate of speed. Woodgeard radioed for assistance and followed the Ogles into their driveway in his cruiser.
{¶12} According to Woodgeard's testimony, once on the Ogle's property, Appellant came charging at Woodgeard, irate and belligerent. She actually made contact with Woodgeard's face with papers5 in her hand. Woodgeard asked Appellant to "calm down" repeatedly, but Appellant was trying to kick Woodgeard while her husband was trying to hold her back. Woodgeard advised Mr. Ogle to step back, that Appellant was under arrest for disorderly conduct. Woodgeard testified Mr. Ogle stepped back, but again, Appellant would not comply. Woodgeard took Appellant's right arm and attempted to handcuff her. Appellant continued kicking Woodgeard'sshins and she kicked his genitals once. Woodgeard then used pepper spray to subdue Appellant.
{¶13} At this point, Mr. Ogle came towards Woodgeard and was advised to stay back. When Mr. Ogle refused to comply, Woodgeard deployed pepper spray at him. When the spray took effect, Appellant buckled and fell to the ground. Appellant and Woodgeard continued to struggle in the yard. Woodgeard was eventually able to handcuff her and place her in a cruiser.
{¶14} Sergeant Kevin Groves also testified Woodgeard was working special detail on September 9th. Sgt. Groves was present in the sheriff's office when Woodgeard radioed for backup. Groves responded to the scene and saw Woodgeard in distress. Groves ordered photographs be taken and he took a recorded statement from Mr. Ogle.
{¶15} After Groves' testimony, the State offered its exhibits and rested. The defense made a Crim. R. 29 motion, specifically arguing the State had not presented sufficient evidence Woodgeard was a law enforcement officer acting in an official capacity at the time and further, there was no sufficient evidence as to the remaining elements of the offense. The motion was denied. The defense proceeded with its case and witnesses Jesse Ward, Randall Thompson, Charles Ogle, and Melanie Ogle. {¶16} Jesse Ward testified he was working for Pike Electric on the incident date. He saw a black pickup arrive on Donaldson Road as he worked nearby. Mr. Ward heard screaming, but denied hearing curse words or feeling threatened.
{¶17} Randall Thompson also testified he worked for Pike Electric and was present that day. He acknowledged the job site was loud and it was "difficult to hear." He testified the voices that were yelling did not interrupt his work.
{¶18} The Ogles' collective version of the events unfolding on Donaldson Road and on their property differs somewhat from that presented by the State's witnesses. Charles Ogle testified when he and his wife reached home and found their driveway blocked, they stopped the truck and waited for "close to a minute" befor...
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