State v. Robinson
| Decision Date | 06 November 2020 |
| Docket Number | Appellate Case No. 28617 |
| Parties | STATE OF OHIO Plaintiff-Appellee v. KIMBERLY ROBINSON Defendant-Appellant |
| Court | Ohio Court of Appeals |
(Criminal Appeal from Municipal Court)
OPINIONMATTHEW KORTJOHN, Atty. Reg. No. 0083743, Assistant Prosecuting Attorney, City of Dayton Prosecutor's Office, 335 West Third Street, Suite 372, Dayton, Ohio 45402 Attorney for Plaintiff-Appellee
FRANK MATTHEW BATZ, Atty. Reg. No. 0093817, 126 North Philadelphia Street, Dayton, Ohio 45403 Attorney for Defendant-Appellant
{¶ 1} Kimberly Robinson appeals from her conviction of one count of assault in the Dayton Municipal Court, following a jury trial; the offense was a misdemeanor of the first degree. The trial court imposed a sentence of 180 days, gave Robinson credit for 94 days, and suspended 86 days. The court imposed a period of intensive supervised probation for two years and ordered Robinson to obtain a psychological assessment and follow any treatment recommendations. We hereby affirm the judgment of the municipal court.
{¶ 2} On June 13, 2019, Robinson was charged by way of complaint, and she entered a plea of not guilty on the same day. On June 21, 2019, Robinson's attorney filed a motion for competency and sanity evaluations, and the court granted the motion. On July 18, 2019, defense counsel stipulated to the findings in the report from the Forensic Psychiatry Center for Western Ohio, and the court found Robinson incompetent to stand trial but restorable to competency, and it ordered treatment. The court committed Robinson to Summit Behavioral Healthcare in Cincinnati and stayed the proceedings.
{¶ 3} On September 10, 2019, the municipal court issued an amended entry ordering a sanity evaluation for Robinson, specific to her mental condition at the time of the offenses.
{¶ 4} On October 30, 2019, defense counsel filed a motion to dismiss, asserting that Robinson was not brought to trial within 90 days of her arrest.
{¶ 5} On October 31, 2019, the court filed an entry stating that it had reviewed a report from the forensic examiner, which concluded that Robinson was not legally insane at the time of the offense, and the court agreed with this conclusion. The court also found Robinson competent to stand trial. Her trial was held on October 31 and November 1, 2019.
{¶ 6} Steven Miller, a bailiff with the Dayton Municipal Court, testified that his duties included posting notices of and enforcing evictions. Miller testified that he had a police background, having been previously employed by the Dayton Police Department for more than 26 years. He testified that, in the course of his career with the police department, he had supervised or worked in every unit except for the horse patrol, including working as a burglary detective, a homicide detective, and in internal affairs.
{¶ 7} Miller testified that a landlord or homeowner can initiate an eviction by posting at the tenant's residence a notice advising the tenant that he or she has three days to vacate the premises. Miller testified that, if the tenant does not vacate the premises, the landlord can then file a formal request for eviction and obtain a court date for a hearing. According to Miller, a residential notice with the court date would then be issued advising the tenant to appear in court for the hearing; if it is determined in court that eviction is appropriate, the landlord has "to file for the formal eviction notice to go through process" and pay a bond. Miller testified that the clerk's office generates the paperwork, and upon receipt thereof, he or another bailiff sets the date for the eviction and advises the landlord.
{¶ 8} Miller testified that, on June 4, 2019, he went to 1430 Princeton Drive, where Robinson resided, to post a notice of eviction (State's Exhibit 1). He testified that a copy was also mailed to Robinson at the Princeton Drive address. Miller testified that Exhibit 1 reflects that it was posted on June 4, 2019, and he identified his signature on the notice; he taped the notice to the front door of the home. The notice advised Robinson that she was required to vacate the premises by June 10, 2019, at 11:59 P.M. Miller testified that he circled the date on the notice, as well as the advisement on the notice that any property left at the residence at the time of the eviction would become the property of the landlord.
{¶ 9} Miller testified that he again went to the Princeton Drive property on June 11, 2019, at 10:15 a.m. He took with him a copy of the eviction notice that he had previously posted and a copy of a Writ of Restitution (State's Exhibit 2), "[j]ust in case someone challenge[d] whether or not they were supposed to be evicted," because sometimes all the members of a household have not been told that an eviction is about to occur. Miller testified that he met the property owner, Doreen Young-Jiles, at the address; she had three men with her to help move things out of the home, if necessary.
{¶ 10} Miller identified a photograph of the residence on Princeton Drive (State's Exhibit 3). He stated that he opened the screen door and banged on the front door once, announced himself as a bailiff, banged on the door a second time, and said "Bailiff's Office." Miller testified that "somebody opened up the curtain that was at the door"; Miller "could see a face" and repeated that he was with the Bailiff's Office. He informed the person that he was there for the eviction, and she (Robinson) responded that he was not a bailiff. Miller repeated that he was the bailiff, then raised his chest and pointed to a bailiff's patch on his vest. Miller stated that he wore a bullet proof vest issued by the court. Miller testified that he also wore a radio hooked to a microphone and his badge, which states "Deputy Bailiff, Municipal Court, Dayton" and includes his badge number. Miller showed his badge to the jury.
{¶ 11} Miller testified that Robinson told him that she was going to call the FBI because he was not a bailiff. Miller asked Young-Jiles to open the door with her set of keys, but the locks had been changed. According to Miller, Robinson did not ask to see his credentials or any paperwork to confirm the eviction; she just continued to "holler" that he was not a bailiff and that she was going to call the FBI. Based upon their inability to gain access to the residence, Miller radioed the Dayton Police dispatch center and requested that a crew respond to the scene for assistance.
{¶ 12} Miller stated that the screen door to the home remained open. After he heard "the mechanical sounds of the locks being manipulated," Robinson reached out from the front door and attempted to close the screen door. Miller testified that, when the door opened, he "stepped up" to go into the residence to initiate the eviction, and he was "struck" on the right side of his face twice as his second (right) foot "entered the threshold of the door." Miller testified that he was a foot or less away from Robinson at the time, and he was hit in the area of his right temple and eye. When asked to describe the force used, Miller testified that Robinson In response, Miller "defended" himself by striking Robinson twice in the nose/forehead "to daze her," and then he "took her to the floor." Miller testified that, in his police career, he had learned how to control combative persons, and that putting them on the ground was a "good way to control them" until help arrived and to prevent injury to oneself. Miller testified that he tripped Robinson with his right leg; when she was on the ground, he first attempted to get her left hand behind her so that he "could initiate a handcuff protocol," but Robinson tucked her left arm underneath her body, so Miller lay his body weight on her "just to keep her down on the ground." He stated that Robinson was on her belly and kept trying to push herself back up with her right arm. He placed his right hand on her right hand so that she could not strike him. Miller testified that his left arm was where her shoulder and neck met. Miller denied trying to choke Robinson. He testified that she was "screaming at me to get my fat ass off of her."
{¶ 13} Miller testified that an adult male, later identified as Lamond Boyd, appeared from the back of the house and stood within two or three feet of him. Miller testified that Robinson was yelling at Boyd to get Miller off of her, and Miller told Boyd "he didn't want to do that." Miller testified that if Boyd had intervened, he (Miller) would have had to "take more stringent measures to protect" himself. According to Miller, Boyd told Robinson that Miller was a bailiff, and the next thing Miller knew he was being bitten by Robinson on the right forearm; Miller stated that Robinson "chomped" down on his arm. Miller told Robinson to stop biting him, or words to that effect, and then Miller bit Robinson on her right shoulder blade to get her to release his arm from her teeth. When Miller bit Robinson, she released his forearm. Miller testified that Boyd called 911 at Robinson's urging, and a recording of the call was played for the jury.
{¶ 14} While Miller was still on the floor with Robinson, Bailiff Churchill Hale arrived and ushered Boyd out of the house. Moments later, a Dayton Police detective arrived and helped Miller handcuff Robinson; the detective then removed her from the premises. Miller testified that he proceeded through the home to make sure no one else was present, or any pets or contraband. Miller stated that he observed the eviction notice he had posted the week before in the home. He testified that it was on a "table looking structure with a hunting knife on it," and he identified a photograph of it.
{¶ 15} Miller testified that, in the course of gaining control of Robinson, he sustained a...
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