State v. Washington
| Decision Date | 03 March 2022 |
| Docket Number | 2020 CA 0066 |
| Court | Ohio Court of Appeals |
| Parties | STATE OF OHIO Plaintiff-Appellee v. CHEKIAH WASHINGTON Defendant-Appellant |
{¶1} Defendant-appellant Chekiah E. Washington, Jr. ["Washington"] appeals his convictions and sentences after a jury trial in the Richland County Court of Common Pleas.
{¶3} Washington knew K.R. from high school. The pair had sex at her home prior to March 17, 2015. 2T. at300.[1] On March 17, 2015 K.R. went to Washington's home to hang out. Washington testified that K.R. had told him before she came over that she did not want to have sex. 8T. at 1491. Upon arrival at his home, K.R. and Washington went to his bedroom to watch a movie. Washington admitted that he pulled K.R.'s hair back and began licking her neck. 8T. at 1491.
{¶4} K.R. testified that Washington pushed her down on the bed, took off her pants, while she was telling him "no" and "to like get his hands off [her]." 2T. at 277-278. She further testified that Washington forcefully inserted his penis into her vagina. 2T. at 281-282. K.R. repeatedly told Washington to stop. 2T. at 278. K.R. began freaking out and got down on the floor to find her clothes and her wallet. As she did, Washington went to her and tried to shove his penis and his "balls" in her mouth. 2T. at 280. She refused to open her mouth. Id. Washington testified that K.R. told him that she felt like she was being raped. 8T. at 1495.
{¶5} K.R. reported this rape to the police and had a Sexual Assault Nurse Examination ["SANE"].
{¶6} The case was originally submitted to the Richland County Prosecutor's Office, but the Prosecutor's Office originally declined to prosecute on or about April 27, 2015. 2T.at 433-34.
{¶7} B.B. testified that she was friends with Washington in 2018 through her roommate's boyfriend. 3T. at 529. At some point, B.B. and Washington became "friends with benefits," friends engaging in a sexual relationship but not boyfriend/girlfriend. 3T. at 532.
{¶8} On July 26, 2018, Washington and B.B. were in the midst of a consensual sexual encounter when B.B.'s period begun. 3T. at 535. Washington became angry that B.B. "got blood on him." Id. She wanted to stop; and, he wanted to continue. B.B. told Washington "no" multiple times. Id. Washington asked B.B. to perform oral sex on him, which she declined. 3T. at 540; 8T. at 1500. B.B. went into the bathroom to clean up.
{¶9} Upon her return from the bathroom, B.B. testified that Washington said she "was going to suck his dick." 3T. at 541. He pulled her down to the bottom of the bed and, holding her by the hair, rubbed his penis on her face and cheek and lips, trying to stick it in her mouth. Id. at 542. B.B. testified, "at one point it had slipped between my lips, but I was clenching my jaw so that he couldn't get it in my mouth and it would rub across my teeth." 3T. at 542. B.B. testified that she was hitting Washington's chest, trying to get him off of her.
{¶10} At one point Washington climbed off and got up to run away but he grabbed her by the ponytail and pulled her back. 3T. at 543. B.B. was finally able to get out the door; however, Washington followed her down the hall, pinning her against the wall by her neck, and chocking her. 3T. at 552.
{¶11} Washington testified that he stopped when she asked him to stop. 8T. at 1500. Although he was disappointed that B.B. declined, he did not force B.B. to perform oral sex on him. Id. Washington testified he called B.B., "[a] fat and nasty ass bitch." 8T. at 1500. Washington testified that B.B. became enraged after he called her names. 8T. at 1501. Washington testified that B.B. charged him and collided with him in the hallway. 8T. at 1501.
{¶12} B.B. reported this rape to the police and had a Sexual Assault Nurse Examination ["SANE"]. B.B. admitted to having consensual sex with Washington sometime after July 26, 2018. 3T. at 600-602.
{¶13} M.H. testified that she met Washington through Facebook. 6T. at 1159. On September 6, 2019, Washington asked M.H. to be his girlfriend. They had been "hanging out" for two weeks and the two had consensual sex within the two weeks prior to September 6, 2019. Id. at 1165.
{¶14} On September 6, 2019 Washington and M.H. made plans to go to Motel 6. The pair went grocery shopping, to dinner then to the motel. 6T. at 1159; 1163; 8T. at 1511. M.H.'s friend M.S. accompanied them to the movies. 6T. at 1165. Prior to the movie, M.H. smoked "wax" a concentrated form of THC. 6T. at 1225; 8T. at 1513. M.H. admitted that she had taken Xanax that day. 6T. at 1172. She further admitted that she did not have a prescription for the drug. Id. {¶15} During the movie, Washington and M.H. engaged in consensual sex. 6T. at 1165; 8T. at 1514. M.S. accompanied the pair back to the motel and hung out with the pair for a while.
{¶16} Once M.S. left, Washington started touching M.H. and, when she said she did not want to have sex at that time, he told her he was not going to take 'ho"for an answer. 6T. at 1170. M.H. laughed because she thought Washington was joking. Id. He pulled down her pants and "proceeded to get on, like go inside [her], like sex." 6T. at 1170. Eventually, M.H. was able to kick Washington off of her. She pulled up her pants, grabbed her purse, ran out of the room, and locked herself in the truck. 6T. at 1170-71. She was naked from the waist up. Id. at 1177. She called M.S. who came back to the motel. M.H. followed M.S. back to M.S.'s home, spoke to her for a short time, and then drove to her own home. 6T. at 1270. A different friend took M.H. to the hospital in Mansfield where a SANE examination was done.
{¶17} Washington testified that all the sex with M.H. was consensual. 8T. at 1518-1520. Washington claimed that M.H. had an anxiety attack while they were engaged in sex. Id. at 1520-22. Washington testified that M.H. ran out of the room to the truck. 8T. at 1522. When Washington went to her to ask if she was alright, M.H. told Washington that he had hit her and raped her. 8T. at 1523. Washington denied that he had done either. Id.
{¶18} M.B. was a housekeeper at the Motel 6 on September 8, 2019. She testified that she was cleaning her first room of the day, working in the bathroom. When she came out of the bathroom, a "guy" was standing in front of her. 6T at 1123. The guy unzipped his fly, pulled out his penis and asked her if she wanted company. Id. M.B. was unable to pick the person out of a photo lineup. Id. at 1126-1127. M. B. had described the perpetrator as having shoulder length dreadlocks. Id. at 1129. M.B. did not identify Washington in court as the man who had flashed her on September 8, 2019.
{¶19} At trial, Washington admitted exposing himself to the maid on September 8, 2019. 8T. at 1553.
{¶20} K.H. testified that she met Washington through her friend that was dating him. In the morning of November 11, 2019, K.H. was awaken to Washington rubbing his penis in her face. 5T. at 920. She got up off the mattress and ran to the bathroom, disgusted. Id. Washington followed her into the shower, got undressed and attempted to shower with K.H. 5T. at 920; 8T. at 1538. K.H. did not want Washington in the shower so she got out. Id. As K.H. was attempting to get dressed, Washington, grabbed the pants from K.H.'s hands and pushed her onto the bed. 5T. at 921. Washington forced his penis inside K.H.'s vagina. Id. K.H. repeatedly told Washington "no." Id. at 922. Washington proceeded to masturbate and ejaculate on K.H. 5T. at 922; 8T. at 1538-1539.
{¶21} The next day, K.H. reported the incident to the police. She then went to the hospital for a SANE kit on November 12, 2019.
{¶22} D.B. had an off-again, on-again relationship with Washington from October, 2017 through 2019. 3T. at 624-625. D.B. testified that her relationship with Washington was turbulent involving mental, physical and sexual abuse. 3T. at 631. In April 2019, D.B. filed a police report concerning Washington's abuse. Id. at 371. D.B. subsequently dropped the charges. Id. at 672.
{¶23} On December 7, 2019, Washington invited D.B. to his home to smoke marijuana and drink. 3T. at 632. The couple had broken up before this time. Id. The couple engaged in consensual, vaginal sex before sleeping, with some of their clothes off. Id. at 638-39. D.B. put her pants, but not her underwear, back on and went to sleep. 3T. at 639. After D.B. went to sleep, Washington kept trying to pull her pants down; D.B. told him to stop. Id. at 639. She...
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