Opinion
Appellate Case No. 28673
11-13-2020
STATE OF OHIO Plaintiff-Appellee v. KRISTTEN PACKNETT Defendant-Appellant
AMY B. MUSTO, Atty. Reg. No. 0071514, City of Dayton Prosecutor's Office, 335 West Third Street, Room 372, Dayton, Ohio 45402 Attorney for Plaintiff-Appellee JENNIFER S. GETTY, Atty. Reg. No. 0074317, 7501 Paragon Road, Dayton, Ohio 45459 Attorney for Defendant-Appellant
Trial Court Case No. 2019-CRB-2339 (Criminal Appeal from Municipal Court)
OPINION
AMY B. MUSTO, Atty. Reg. No. 0071514, City of Dayton Prosecutor's Office, 335 West Third Street, Room 372, Dayton, Ohio 45402 Attorney for Plaintiff-Appellee JENNIFER S. GETTY, Atty. Reg. No. 0074317, 7501 Paragon Road, Dayton, Ohio 45459 Attorney for Defendant-Appellant FROELICH, J.
{¶ 1} After a bench trial in the Dayton Municipal Court, Kristten Packnett was found guilty of assault, in violation of R.C. 2903.13(A). The trial court sentenced her to 180 days in jail, with 170 days suspended and 10 days of electronic home detention. The court also imposed one year of community control with conditions, a $100 fine, restitution of $360, and court costs. Packnett appeals from her conviction, claiming that her conviction was based on insufficient evidence and was against the manifest weight of the evidence. For the following reasons, the trial court's judgment will be affirmed.
{¶ 2} "A sufficiency of the evidence argument disputes whether the State has presented adequate evidence on each element of the offense to allow the case to go to the jury or sustain the verdict as a matter of law." State v. Wilson, 2d Dist. Montgomery No. 22581, 2009-Ohio-525, ¶ 10, citing State v. Thompkins, 78 Ohio St.3d 380, 386, 678 N.E.2d 541 (1997). The relevant inquiry is whether any rational finder of fact, after viewing the evidence in a light most favorable to the State, could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Dennis, 79 Ohio St.3d 421, 430, 683 N.E.2d 1096 (1997). A guilty verdict will not be disturbed on appeal unless "reasonable minds could not reach the conclusion reached by the trier-of-fact." Id.
{¶ 3} In contrast, when reviewing an argument challenging the weight of the evidence, an appellate court may not substitute its view for that of the trier of fact, but reviews the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses, and determines whether, in resolving conflicts in the evidence, the finder of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered. Thompkins at 387, quoting State v. Martin, 20 Ohio App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983).
{¶ 4} Because the trier of fact sees and hears the witnesses at trial, we must defer to the factfinder's decisions whether, and to what extent, to credit the testimony of particular witnesses. State v. Lawson, 2d Dist. Montgomery No. 16288, 1997 WL 476684, *4 (Aug. 22, 1997). The fact that the evidence is subject to different interpretations does not render the conviction against the manifest weight of the evidence. Wilson at ¶ 14. A judgment of conviction should be reversed as being against the manifest weight of the evidence only in exceptional circumstances. Martin at 175.
{¶ 5} The State's evidence at trial consisted of the testimony of the complainant, Whitney Curtis, and her friend, Bettina Waters, as well as photographs of Curtis's injuries. Packnett testified on her own behalf and called two additional witnesses: Dayton Police Officer Tony Murphy and her sister, Chequata Allen.
{¶ 6} The State's evidence established the following facts.
{¶ 7} Packnett and Keith Walker have children together. In May 2019, Walker was in a relationship with Curtis; they had started dating two or three months earlier.
At trial on August 5, 2019, Curtis testified that she had been dating Walker for five or six months.
{¶ 8} Around 10:30 or 11:00 p.m. on May 11 (the day before Mother's Day), Curtis went out with a friend, Waters. Shortly after 2:00 a.m., the two women relocated to The Blue Note, a club on Lakeview Avenue in Dayton. Walker and his brother (who was also Allen's fiancé) also went to the club in a separate vehicle, arriving before Waters and Curtis. When Curtis and Waters arrived, the club was not crowded. Packnett was not there.
The evidence at trial indicated that the club has changed ownership several times and has gone by different names, including The Blue Note, The Jazz Club, Chuck's Jazz Club, Rick's Jazz Club, and Ken's Jazz Club. Waters knew the club as The Blue Note, and Officer Murphy stated that the club was called The Blue Note when this incident occurred. --------
{¶ 9} Sometime while Curtis and Waters sat together at the bar, Curtis saw Packnett walk in. Curtis testified that she and Waters were ready to go home, so they headed toward the door. Waters saw a friend and stopped to talk for several minutes. Afterward, Curtis gave Walker a hug good-bye and told him that she was going home. Walker told Curtis that he would see her in about 30 minutes and headed toward the bathroom.
{¶ 10} Curtis testified that, as she passed Packnett, Packnett punched her on the left side of her face and grabbed her hair. Curtis fell back and Packnett punched her a couple more times. Curtis fell down and slid under the table. Curtis testified that she felt feet kicking her, and then a bouncer picked her up and told them that they needed to go outside. Curtis stated that security pushed Packnett's group out of the club first, and then Curtis left.
{¶ 11} Curtis testified that, upon exiting the club, she saw Packnett. Packnett had removed her wig, her t-shirt (leaving a tank top), and her earrings. Curtis stated that she did not immediately recognize Packnett and tried to walk directly to her car.
{¶ 12} Curtis testified that Packnett attacked her again as she (Curtis) headed toward her car. Curtis stated: "[Packnett] grabbed me by my hair * * * continuously to hit me on the left side of my face. Uh, my face was smashed in the gravel walk, so I had a lot of gravel burns on my elbows, my kneecaps. Um, she continued to call me the 'B' word, and just continued to keep hitting me in my face." (Trial Tr. at 9.) Curtis stated that she was unable to defend herself, because it was wet outside and her feet kept slipping on the wet gravel and because Packnett kept punching her in the head and swinging her by her hair. (Id. at 10.) Curtis testified that a man, whom she believed was the bouncer, eventually came and stopped the assault.
{¶ 13} Curtis testified that she suffered several injuries from the assault. She had "road rash" on the left side of her forehead and two black eyes, the inside of her mouth was "busted up," her kneecaps and elbows were "scraped up pretty bad," the tendons in her knee were overextended, she lost some hair, she had bruises to her shoulder area, and she had a concussion, which caused her to miss a week of work.
{¶ 14} Curtis stated that she left the scene in her car and contacted the police immediately after she got home. She later went to the hospital.
{¶ 15} Waters also testified at trial. She also testified that after going to a bar called the Elks, she and Curtis went to The Blue Note and sat at the bar together. Waters stated that Curtis was standing by her side while she (Waters) talked with her friend just prior to leaving (around 4:00 a.m.). When Curtis walked by Packnett to leave, Packnett "jump[ed] out of her chair, grab[bed] [Curtis] by the hair and start[ed] hitting her in the face." (Trial Tr. at 28.) Waters stated that security came and threw Packnett out, and then came and threw Curtis and her out.
{¶ 16} Waters testified that Packnett was standing near the doors, at the bottom of the steps, when she and Curtis got outside. Waters stated, similarly to Curtis, that Packnett had removed her wig and t-shirt. Waters described that when Curtis came down the stairs, Packnett grabbed Curtis by the hair and was constantly hitting her [Curtis] in the head. Taking her head and shoving it to the ground." Waters saw Curtis slip on the gravel. Waters stated that she was about to try to break up the fight when someone told her, "No, it's a one-on-one fight." Soon thereafter, club security came and broke up the altercation.
{¶ 17} Waters testified that, after the altercation ended, she continued to standing there, and Packnett turned around and punched her (Waters) on her lip. Waters asked Packnett why she had done that, and Packnett responded, "Bitch, you was with her." (Trial Tr. at 31.)
{¶ 18} Waters testified that she went back to Curtis's house after the altercation and took photographs of Curtis's injuries. Waters testified that she had seen Curtis over the following days and more bruises had become apparent.
{¶ 19} On cross-examination, Waters indicated that she did not know Packnett prior the incident. She also indicated that she saw Packnett and Curtis grabbing each other's hair and clothing during the altercation inside. Upon being questioned about whether Curtis wanted to go outside and continue the fight, Waters testified that Curtis tried to push past people so she could leave. Waters stated that her view was partially obstructed during both altercations - inside and outside the club.
{¶ 20} Officer Tony Murphy testified as a defense witness. He stated that, at approximately 4:50 a.m. on May 12, 2019, he was dispatched regarding an assault that occurred at a club, then called The Blue Note. Curtis informed the officer that she had been jumped, then assaulted, by Packnett. Officer Murphy testified that he saw some injuries to Curtis, but he had no direct knowledge of the altercation; his information came from Curtis and Waters. The officer was unaware of any further investigation by the Dayton police. Officer Murphy did not try to contact Packnett about the incident or to interview possible witnesses at the club. In early June, Officer Murphy asked the club about video footage, but none was available.
{¶ 21} On cross-examination, Officer Murphy stated that he observed bruising on Curtis and a "huge knot * * * right about two and half inches diameter on her forehead." Murphy stated that the injury looked "fresh" and was consistent with her report.
{¶ 22} Allen, Packnett's sister, testified that she went to the club on May 12 to celebrate her fiancé's birthday. Packnett rode to the club with Allen. Allen's fiancé and his brother, Walker, rode together in a separate vehicle. Allen testified that they all entered the club together. Allen did not know if Curtis, whom Allen did not know, had arrived before them.
{¶ 23} Allen testified that she later noticed that Curtis was "in front of Keith [Walker] * * *, making hand gestures and like going crazy." (Trial Tr. at 52-53.) Allen asked her fiancé who the woman was, and he responded that she was Walker's girlfriend. Allen asked her fiancé if everything would be okay. Allen then ordered food and went to pick it up. Allen stated that when she returned to the table, only she, Packnett, and her fiancé were there and "everything was cool."
{¶ 24} Allen testified that Curtis then "came by us and actually mugged [Packnett] and called her a B-I-T-C-H." (Id. at 53.) Allen explained that "Curtis shoved Kristten. Kristen [sic] shoved her back. They immediately grabbed each other's hair. The, that's when the security kind of broke 'em up. They pushed Kristten out the door. Ms. Curtis was still inside . . . um, like, going off. She actually got into it with the security guard." (Id. at 53-54.) Allen testified that she did not see any punches being thrown or Curtis fall to the ground. After security had Packnett leave, Allen (who was still inside) saw Curtis pushing and yelling, "Let me out!"
{¶ 25} Allen stated that, once Curtis was outside, she ran directly at Packnett and restarted the altercation. According to Allen, the women grabbed at each other, tussled, and fell to the ground. Allen asked her fiancé to help break up the fight. Allen tapped Packnett and told her, "Let's go." Allen's fiancé grabbed Curtis to make sure "everything [would be] fine" when Curtis got up. Allen stated that Curtis continued to come at Packnett as they walked toward Allen's car, until Walker pushed Curtis and told her to "get away" and "go to the car."
{¶ 26} Allen did not see Packnett have any altercation with Waters. Allen also stated that she did not see Packnett remove her clothing, wig, or earrings at any point. Allen stated that she did not see Packnett act aggressively, other than defending herself. On cross-examination, Allen acknowledged that she did not see any injuries to Packnett.
{¶ 27} Finally, Packnett testified that she went to a club on May 12, 2019. At that time, she did not know Curtis, had never interacted with Curtis, and held no ill will toward Curtis. Packnett stated that she was unaware that Curtis was at the club, too. When asked what happened, Packnett testified:
Ms. Curtis attacked me while I was having a good time. Um, next thing, you know, she came and assaulted me. You know, shoved me, and said, "B." And I just defended myself. I was in shock. I never been through that before. * * * After she pushed me, I got up and I pushed her back. So, when I got up, then that's when we did a little hair puling, pulling on each other. And then security came and um, broke us up - separated us.(Trial Tr. at 63.) When asked why she pushed back, Packnett stated: "Because she attacked me first. And I was just defending myself, you know, like I didn't know what else she was going to do. I just had to make sure that she stayed away so that she wouldn't attack me again, which she did." (Id.)
{¶ 28} Packnett testified that she was alone outside for a couple minutes after security told her to leave. She explained that she did not leave because her sister, who was her ride, was still inside. Packnett was waiting for her sister to come out.
{¶ 29} Packnett stated that her sister came out, and Curtis "darted out" right after her and "just attacked me," causing Packnett to defend herself again. Packnett stated that she "was wind-milling and * * * then we grabbed each other. And then we both fell on the ground. * * * We were both like um holding each other. And then that's when my sister came and grabbed me and broke us up." (Trial Tr. at 64.) Packnett stated that she "deflected" Curtis's actions, and that they both were "going to have scrapes and stuff" because they were on the ground, which was gravel. Packnett did not believe that she used any more physical force than was necessary to stop Curtis from attacking her.
{¶ 30} Packnett stated that she did not have any injuries from the altercations with Curtis. She did not call the police because she was not hurt.
{¶ 31} At the conclusion of the trial, the trial court found Packnett guilty of assault, in violation of R.C. 2903.13(A), which provides: "No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn." The trial court orally noted that Packnett's removal of her t-shirt and wig were indicative of her intention to fight. The court further found that Packnett had used excessive force in causing Curtis's injuries.
{¶ 32} Upon review of the evidence, we conclude that there was sufficient evidence to support the trial court's guilty verdict and that Packnett's conviction was not against the manifest weight of the evidence. Curtis and Waters both testified that Packnett assaulted Curtis, unprovoked, when they were heading toward the club's doors to leave. Curtis and Waters further testified that, upon being ejected from the club following that initial altercation, they observed that Packnett had removed her wig, t-shirt, and earrings, which reasonably suggested that Packnett intended to continue the fight once Curtis exited the club. In addition, Curtis and Waters testified that Packnett instigated the altercation outside the club. Both Curtis and Waters testified that Curtis was injured during the altercation. Curtis described several injuries, including black eyes, loss of hair, scrapes and bruises, pulled tendons, and a concussion. Officer Murphy testified that he also observed injuries, which were consistent with Curtis's and Waters's reports. This evidence, if believed, was sufficient to support Packnett's conviction for assault.
{¶ 33} Packnett and her sister testified that Curtis was the aggressor and that Packnett was defending herself. Effective March 28, 2019, the State had the burden to prove, beyond a reasonable doubt, that Packnett did not use force in self-defense. See R.C. 2901.05(B)(1).
{¶ 34} In reaching its verdict, the trial court, as the finder of fact, was free to believe all, part, or none of the testimony of each witness and to draw reasonable inferences from the evidence presented. State v. Baker, 2d Dist. Montgomery No. 25828, 2014-Ohio-3163, ¶ 28. It was the province of the trier of fact to weigh the evidence and determine whether the State had proven, beyond a reasonable doubt, that Packnett had committed assault.
{¶ 35} Upon review of the entire record, we cannot conclude that the trial court "lost its way" in apparently crediting the State's version of the events and finding that Packnett did not act in self-defense. As stated above, Curtis and Waters testified that Packnett had attacked Curtis, both inside and outside the club. The trial court believed their testimony that, prior to the altercation outside the club, Packnett had removed her wig, t-shirt, and earrings, indicating her intention to continue the fight once Curtis emerged from the club. Curtis sustained significant injuries, which were consistent with being hit repeatedly in the head, face, and body, as well as being forcibly pushed into the gravel. In contrast, Packnett was not hurt. Curtis called the police after the incident; Packnett did not. Officer Murphy testified that Curtis's injuries were consistent with her report. Packnett's conviction for assault was not against the manifest weight of the evidence.
{¶ 36} Packnett's assignment of error is overruled.
{¶ 37} The trial court's judgment will be affirmed. DONOVAN, J. and WELBAUM, J., concur. Copies sent to: Amy B. Musto
Andrew D. Sexton
Jennifer S. Getty
Hon. Mia Wortham Spells