State v. Adan , 2022 Ohio 2304 ( 2022 )

[Cite as State v. Adan, 2022-Ohio-2304.]
COURT OF APPEALS
LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. W. Scott Gwin, P.J.
Plaintiff-Appellee Hon. William B. Hoffman, J.
Hon. John W. Wise, J.
-vs-
Case No. 2021 CA 00099
ABSHIR D. ADAN
Defendant-Appellant OPINION
CHARACTER OF PROCEEDINGS: Appeal from the Licking County Municipal
Court, Case No. 21TRD08622
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: June 30, 2022
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
TRICIA MOORE DARREN L. MEADE
Law Director – City of Newark 2602 Oakstone Drive
Columbus, Ohio 43231
MICHAEL S. COX, JR.
Assistant Law Director – City of Newark
40 West Main Street, Fourth Floor
Newark, Ohio 43055
Licking County, Case No. 2021 CA 00099 2
Hoffman, J.
{¶1} Defendant-appellant Abshir Dayow Adan appeals the November 3, 2021
Entry entered by the Licking County Municipal Court, which found him guilty of one count
of failure to maintain assured clear distance ahead, following a bench trial. Plaintiff-
appellee is the state of Ohio.
STATEMENT OF THE CASE AND FACTS
{¶2} On September 22, 2021, Appellant was cited with failure to maintain an
assured clear distance ahead, in violation of R.C. 4511.21(A). Appellant entered a written
plea of not guilty on September 27, 2021. On October 5, 2021, Appellant filed a motion
for leave to waive appearance at trial and consent to trial in absentia.
{¶3} The matter proceeded to bench trial on November 3, 2021. The facts
relevant to this Appeal are as follows:
{¶4} Trooper Shawn Grim testified he is an 18-year veteran with the Ohio State
Highway Patrol, Granville Post 45. The trooper stated he was on duty on September 22,
2021, when he received a report of a single vehicle crash on Interstate 70, eastbound,
near mile marker 130, in Licking County. While in route, Trooper Grim received additional
information regarding a secondary crash in the same area. The secondary crash
involved the ambulance which was at the scene rendering aid in the initial call being struck
by a commercial truck and trailer.
{¶5} Trooper Grim recalled, when he arrived at the scene, he observed a Licking
County ambulance, which was situated partially in the left lane and partially in the north
berm, at an angle, and a commercial truck and trailer right behind it. He stated “[i]t
appeared uh the commercial trailer had struck the right rear corner of the ambulance.”
Transcript of November 3, 2021 Bench Trial at 6. The trooper spoke with the EMS driver
Licking County, Case No. 2021 CA 00099 3
and the driver of the commercial truck, who was identified as Appellant. Trooper Grim
photographed the scene. The photographs were admitted into evidence. Trooper Grim
identified and described each photograph. Upon completing his investigation, Trooper
Grim cited Appellant for assured clear distance ahead, in violation of R.C. 4511.21(A).
{¶6} Chief Michael Wilson testified he is a firefighter and an emergency medical
technician (“EMT”) with the Licking Township Fire Company, 5th Squad, in Jacksontown,
Ohio. Chief Wilson stated, on September 22, 2021, he responded to an accident involving
a car which had crashed into a wall on Interstate 70, eastbound, near mile marker 130.
While he and his partner were checking on the occupants of the vehicle, they heard “a
crash sound.” Tr. at 16. Chief Wilson “turned around and there was a semi that had hit
the right rear corner of our medic and we made quick attention to that . . . wasn’t sure if
anybody was injured and we had already initiated care so we returned our focus back to
to [sic] the first accident and called for mutual aid to hand the um second run and see if
there was any other accident or injuries in the other cars.” Id. Chief Wilson noted there
were no injuries resulting from this second crash.
{¶7} Appellant moved for a judgment of acquittal pursuant to Crim. R. 29. The
trial court specifically found Trooper Grim stated the accident was at mile post 130 in
Licking County. Thereafter, the trial court found Appellant guilty, imposed a $9.00 fine,
and ordered him to pay court costs.
{¶8} It is from this conviction and sentence Appellant appeals, raising as his sole
assignment of error:
Licking County, Case No. 2021 CA 00099 4
THE TRIAL COURT ERRED AS A MATTER OF LAW TO
ESTABLISH VENUE BEYOND A REASONABLE DOUBT.
I
{¶9} Pursuant to Article I, Section 10 of the Ohio Constitution and R.C. 2901.12,
“evidence of proper venue must be presented in order to sustain a conviction for an
offense.” State v. Hampton, 134 Ohio St.3d 447, 2012-Ohio-5688, 983 N.E.2d 324, ¶ 20.
“It is not essential that the venue of the crime be proven in express terms, provided it be
established by all the facts and circumstances in the case, beyond a reasonable doubt,
that the crime was committed in the county and state as alleged in the indictment.” Id. at
¶ 19, quoting State v. Dickerson, 77 Ohio St. 34, 82 N.E. 969 (1907), paragraph one of
the syllabus. Circumstantial evidence may be used to establish venue. State v. Brown,
2nd Dist. Clark No. 2016-CA-53, 2017-Ohio-8416, 99 N.E.3d 1135, ¶ 33, citing State v.
May, 2015-Ohio-4275, 49 N.E.3d 736, ¶ 24 (8th Dist.).
{¶10} In the instant action, Trooper Grim testified he is based out of the Granville
Post of the Ohio State Highway Patrol and, on September 22, 2021, he was dispatched
to a single vehicle crash on Interstate 70, eastbound, near mile marker 130, in Licking
County. While in route to the initial crash, Trooper Grim was advised of a second crash
in the same area. Based upon this evidence, we find venue was “established by all the
facts and circumstances in the case, beyond a reasonable doubt.” Hampton, supra at ¶
19. See, also, State v. Ealy, 5th Dist. Licking No. 16-CA-31, 2016-Ohio-7927; State v.
Rogers, 5th Dist. Guernsey No. 16CA18, 2017-Ohio-1248.
Licking County, Case No. 2021 CA 00099 5
{¶11} Appellant’s sole assignment of error is overruled.
{¶12} The judgment of the Licking County Municipal Court is affirmed.
By: Hoffman, J.
Gwin, P.J. and
Wise, John, J. concur