[Cite as State v. Fields,
2014-Ohio-2900.]
IN THE COURT OF APPEALS
TWELFTH APPELLATE DISTRICT OF OHIO
WARREN COUNTY
STATE OF OHIO, :
Plaintiff-Appellee, : CASE NO. CA2013-11-105
: OPINION
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:
SAMUEL FIELDS, :
Defendant-Appellant. :
CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS
Case No. 13 CR 29187
David P. Fornshell, Warren County Prosecuting Attorney, Michael Greer, 500 Justice Drive,
Lebanon, Ohio 45036, for plaintiff-appellee
Timothy J. McKenna, 125 East Court Street, Suite 950, Cincinnati, Ohio 45202, for
defendant-appellant
PIPER, J.
{¶ 1} Defendant-appellant, Samuel Fields, appeals his convictions and sentence in
the Warren County Court of Common Pleas for assault of a corrections officer and
obstructing official business.
{¶ 2} Fields is an inmate at the Lebanon Correctional Institution (the prison). In
January 2013, Fields was located in the prison's cafeteria talking with two fellow inmates.
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Corrections Officer Deon Isome approached Fields and told the three men to leave the
cafeteria. Fields turned to Isome and said "fuck you." Fields then stood up and took an
aggressive stance toward Isome, and made his hands into fists. Based on Fields' stance and
making his hands into fists, Isome sprayed his can of mace in the direction of Fields. Fields
responded by punching Isome in the face, and the two engaged in a fistfight. Other
corrections officers were called to the scene and subdued Fields. Isome suffered a bloody
nose and two broken fingers as a result of the attack.
{¶ 3} Fields was charged with assault, obstructing official business, and felonious
assault. Fields pled not guilty to the charges, and the matter proceeded to a two-day jury
trial. Immediately before the trial started, the state nolled the felonious assault count, and the
trial court held a hearing regarding courtroom safety. After hearing evidence that Fields had
a violent history of attacking corrections officers and guards, the trial court ordered that Fields
stay in belly chains and shackles during the trial.
{¶ 4} The trial then commenced, and the jury heard testimony from Isome, Nicholas
Echcaroff, another corrections officer at the prison, as well as James McNally, a nurse at the
prison. Fields was the only defense witness. The jury found Fields guilty of both charges,
and the trial court sentenced Fields to one-year prison terms on each count to be served
consecutively for an aggregate sentence of two years. Fields now appeals his convictions
and sentence, raising the following assignments of error. For ease of discussion, we will
address Fields' first two assignments together.
{¶ 5} Assignment of Error No. 1:
{¶ 6} THE TRIAL COURT ERRED TO THE PREJUDICE OF THE DEFENDANT-
APPELLANT BY NOT GRANTING THE RULE 29 MOTION AS THERE WAS INSUFFICIENT
EVIDENCE TO CONVICT.
{¶ 7} Assignment of Error No. 2:
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{¶ 8} THE TRIAL COURT ERRED TO THE PREJUDICE OF THE DEFENDANT-
APPELLANT BECAUSE THE VERDICT WAS AGAINST THE MANIFEST WEIGHT OF THE
EVIDENCE.
{¶ 9} Fields argues in his first two assignments of error that his convictions were
against the manifest weight of the evidence and were not supported by sufficient evidence.
{¶ 10} When reviewing the sufficiency of the evidence underlying a criminal conviction,
an appellate court examines the evidence in order to determine whether such evidence, if
believed, would support a conviction. State v. Wilson, 12th Dist. Warren No. CA2006-01-
007, 2007-Ohio-2298. "The relevant inquiry is whether, after viewing the evidence in a light
most favorable to the prosecution, any rational trier of fact could have found the essential
elements of the crime proven beyond a reasonable doubt." State v. Jenks,
61 Ohio St.3d
259 (1991), paragraph two of the syllabus, superseded on other grounds.
{¶ 11} A manifest weight challenge examines the inclination of the greater amount of
credible evidence, offered at a trial, to support one side of the issue rather than the other.
Wilson, 2007-Ohio-2298.
In determining whether a conviction is against the manifest
weight of the evidence, the court, reviewing the entire record,
weighs the evidence and all reasonable inferences, considers
the credibility of the witnesses and determines whether in
resolving conflicts in the evidence, the trier 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.
State v. Cummings, 12th Dist. Butler No. CA2006-09-224, 2007-Ohio-4970, ¶ 12.
{¶ 12} While appellate review includes the responsibility to consider the credibility of
witnesses and the weight given to the evidence, "these issues are primarily matters for the
trier of fact to decide since the trier of fact is in the best position to judge the credibility of the
witnesses and the weight to be given the evidence." State v. Walker, 12th Dist. Butler No.
CA2006-04-085, 2007-Ohio-911, ¶ 26. Therefore, an appellate court will overturn a
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conviction due to the manifest weight of the evidence only in extraordinary circumstances to
correct a manifest miscarriage of justice, and only when the evidence presented at trial
weighs heavily in favor of acquittal. State v. Thompkins, 78 Ohio St.3d 380, 386 (1997).
{¶ 13} Fields was convicted of assault in violation of R.C. 2903.13(A) which states, "no
person shall knowingly cause or attempt to cause physical harm to another or to another's
unborn." Fields was also convicted of obstructing official business in violation of R.C.
2921.31(A), which provides, "no person, without privilege to do so and with purpose to
prevent, obstruct, or delay the performance by a public official of any authorized act within
the public official's official capacity, shall do any act that hampers or impedes a public official
in the performance of the public official's lawful duties."
{¶ 14} During trial, Fields argued that he acted in self-defense when he assaulted
Isome. In order to prove self-defense, Fields had to establish: (1) that he was not at fault in
creating the situation giving rise to the affray, (2) that he had a bona fide belief that he was in
imminent danger of bodily harm and that his only means of escape from such danger was in
the use of such force, and (3) that he did not violate any duty to retreat or avoid the danger.
State v. McKinney, 12th Dist. Butler No. CA2011-08-162, 2012-Ohio-4521.
{¶ 15} After reviewing the record and viewing the evidence in a light favorable to the
prosecution, we find that Fields' convictions were supported by sufficient evidence, that
Fields' convictions were not against the manifest weight of the evidence, and that Fields
failed to prove that he acted in self-defense.
{¶ 16} Isome testified that he was employed at the prison as a corrections officer and
that on the day of the incident, he was assigned to patrol the cafeteria. Isome was
responsible for insuring that the inmates moved efficiently through the eating process so as
to permit all inmates an opportunity to eat in a peaceful environment.
{¶ 17} Isome testified that he observed Fields talking to two other inmates, rather than
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eating. Isome made eye contact with the group, and intimated that their time in the cafeteria
was over and that they were required to leave. Isome walked around the cafeteria a bit, and
returned to the table where Fields was sitting with the other inmates. Isome again indicated
that it was time for the three to leave the cafeteria, but the three men remained at the table
and refused to leave. Isome made a verbal command for the men to "get up and go." When
the men remained at the table, Isome walked toward the table and ordered again that the
men leave the cafeteria. Isome testified that after he had told the men three times to leave,
Fields looked at him and said "fuck you."
{¶ 18} Isome testified that after Fields made his insolent remark, Fields stood up,
squeezed his fists, and looked at him. Isome interpreted Fields' movement as an "aggressive
stance," and that Fields was readying himself for a physical confrontation. Isome testified
that based on Fields' aggressive stance and failure to obey orders, he reached for his mace
canister and tried to deploy it. The other two inmates who had been speaking with Fields
moved away from the table where they were sitting, while Fields attacked Isome.
{¶ 19} As soon as Isome tried to spray the mace toward Fields, Fields punched Isome
in the face with a closed fist. Isome began to fight back, and the two men engaged in a
fistfight and struggle. When other corrections officers arrived in the cafeteria, they too
ordered Fields to stop resisting but he refused to do so. Eventually, multiple corrections
officers were able to pull Fields off of Isome and subdue him. The state showed a video of
the incident, which supported Isome's testimony. Isome testified that his face and nose was
bloodied and two fingers on his hand were broken as a result of Fields' attack. Isome also
had to have surgery on his hands, and pins were placed in the bones to facilitate healing.
{¶ 20} Corrections Officer Nick Echcaroff then testified, and stated that he was
working at the prison on the day of the incident. Part of his job responsibilities included
giving inmates orders in order to supervise them. Echcaroff testified that he was patrolling
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the hallways when he received a call that another correction officer had been attacked in the
cafeteria. Echcaroff ran to the cafeteria and saw Fields hitting Isome, and Isome falling to
the ground. Echcaroff testified that he was trying to subdue Fields, but that Fields resisted.
Echcaroff stated that it took approximately seven other corrections officers to finally subdue
Fields. Echcaroff sustained a small injury to his hand as a result of his attempt to subdue
Fields.
{¶ 21} James McNally, a registered nurse employed at the prison, testified that he was
working in the infirmary on the day of the incident. He testified that he saw Echcaroff in the
infirmary after the incident and that Echcaroff had a small cut to his right index finger and had
chemical spray on his face. McNally also examined Isome and indicated that Isome suffered
blunt force trauma to his face, a bloody nose, had chemical spray on his body, and suffered a
hand injury. McNally also testified that he tried to examine Fields, but that Fields was too
combative, and "verbally abusive to every one [sic] in the room." Fields yelled at the people
in the room, asking "is that all you got?" and using expletives. Although Fields did not permit
an examination, McNally performed a visual inspection and did not see any cuts, scratches,
blood, or injuries on Fields' body.
{¶ 22} After hearing from Isome, Echcaroff, and McNally, the state rested. Fields
testified in his own defense and asserted that he acted in self-defense on the day in
question. Fields testified that after Isome ordered him to leave, and approached the table
where he and the other inmates were sitting, he stood up to show Isome his identification
badge as proof that he had only recently arrived in the cafeteria and should be given more
time to eat. Fields testified that as he was trying to explain his entitlement to stay in the
cafeteria, Isome sprayed him with mace. Fields next testified that he punched Isome in order
to protect himself.
{¶ 23} Despite Fields' assertion that he was acting in self-defense, he never
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established that he was not at fault in creating the situation giving rise to the affray or that he
had a bona fide belief that he was in imminent danger of bodily harm and that his only means
of protecting himself was to attack Isome. Specifically, Fields admitted on cross-examination
that he had thrown the first punch and that he waited until after Isome had already deployed
the mace, to attack him. Fields testified that he "overpowered" Isome and "hit him" so that he
felt Isome's body "go limp." Fields also testified that he assumed that he had "knocked out"
Isome. Fields, however, never testified that he had any previous interactions with Isome
where Isome caused him physical harm or did anything to make Fields believe that he had to
attack Isome in order to protect himself.
{¶ 24} Despite Fields' testimony that he acted in self-defense, the jury chose to believe
the state's witnesses regarding the way the incident occurred, and that Fields was not
justified in attacking Isome and later disobeying the orders of the other corrections officers.
By virtue of its verdict, the jury did not find Fields' testimony or defense credible, and we will
not disturb that finding on appeal, as the jury was in the best position to determine matters of
credibility.
{¶ 25} Having found that Fields' convictions were supported by sufficient evidence and
were not against the manifest weight of the evidence, his first and second assignments of
error are overruled.
{¶ 26} Assignment of Error No. 3:
{¶ 27} THE TRIAL COURT ERRED WHEN IT ORDERED THE DEFENDANT TO BE
TRIED IN FRONT OF THE JURY IN BELLY CHAINS AND SHACKLES.
{¶ 28} Fields argues in his third assignment of error that the trial court erred in ordering
him to be shackled during the trial.
{¶ 29} Traditionally, a defendant remains unrestrained during his trial because the
presence of restraints has a negative impact on the presumption of innocence. State v.
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Franklin, 97 Ohio St.3d 1,
2002-Ohio-5304. However, a defendant may be shackled when
there is danger of violence or escape. State v. Blacker, 12th Dist. Warren No. CA2008-07-
094,
2009-Ohio-5519, citing State v. Woodards,
6 Ohio St.2d 14 (1966). The trial court is in
the best position to consider the defendant's conduct both inside and outside the courtroom.
State v. Murphy, 12th Dist. Butler No. CA2006-06-143,
2007-Ohio-4535. Therefore, the
decision to impose shackles is left to the sound discretion of the trial court.
Woodards at 23.
However, the court must articulate on the record the reasons for imposing shackles. State v.
Wightman, 12th Dist. Fayette No. CA2006-12-045,
2008-Ohio-95.
{¶ 30} Immediately before the trial began, the court held a hearing to determine
courtroom safety protocol for Fields' trial. The trial court considered that Fields was serving a
sentence for felonious assault, and had been convicted of numerous assault-related
offenses. Four such convictions were based upon Fields assaulting guards, and others for
harassing fellow inmates by spitting at them and throwing urine at them. The trial court also
considered that days before the trial started, prison officials had to use force twice in one day
and once the next day against Fields because he would not follow orders. Based upon
Fields' aggressive behavior toward guards and other authority figures, as well as his violent
tendencies toward others, the trial court ordered Fields to be shackled and chained during
the trial in order to lessen the danger of violence in the courtroom.
{¶ 31} After ordering that Fields be restrained, the trial court stated that a skirt would
be placed around the defense table so that the jury could not see the restraints. The trial
court cautioned Fields to keep his hands under the table so that the shackles could not be
seen. Fields then told the trial court that the skirt would not matter because he intended to
take the stand in his own defense and that the jury would see the shackles and chains. The
trial court told Fields that he would be placed on the stand out of the presence of the jury and
that his restraints would be obscured from the jury's view by a railing that enclosed the
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witness stand. Fields then indicated that he planned on using his hands during trial, such as
when writing notes. The trial court again noted that if Fields chose not to raise his hands
above the skirting, that the jury would not see the restraints because of the skirting and the
railing. The trial court asked Fields if he was going to keep his hands down so that the jury
could not see his chains and shackles. At that point, Fields stated, "it doesn't matter, you're
already prejudiced against me and you're not going to give me a fair trial here." When the
trial court assured Fields that he would receive a fair trial and posed the question again as to
whether Fields was going to keep his hands below the skirting, Fields responded, "it doesn't
matter so just make your decision." The trial court then stated that the skirting would not
matter because of Fields' indication that he would not keep his hands covered.
{¶ 32} After reviewing the transcript, we find that the trial court did not abuse its
discretion in ordering Fields to remain shackled during the trial given the danger of violence.
The trial court properly considered Fields' violent history of assaulting others, and especially
his violent behavior toward corrections officers and other guards. The trial court's decision to
not employ skirting was also precipitated by Fields' own statements that he was not going to
keep his hands hidden during the trial, and that the jury would see his restraints even with the
skirting. The trial court properly considered the circumstances and decided to keep Fields
restrained for the safety of the courtroom and to lessen the danger of violence. We find no
abuse of discretion in the trial court's decision, and overrule Fields' third assignment of error.
{¶ 33} Assignment of Error No. 4:
{¶ 34} THE COURT COMMITTED ERROR BY NOT ALLOWING FAVORABLE,
PROBATIVE EVIDENCE INTO THE TRIAL.
{¶ 35} Fields argues in his fourth assignment of error that the trial court erred by not
permitting him to present evidence taken from Isome's personnel file regarding prior incidents
involving use of force against other inmates.
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{¶ 36} "It is well-established that the admission or exclusion of evidence rests within
the sound discretion of the trial court." State v. Jones, 12th Dist. Butler No. CA2012-04-077,
2013-Ohio-654, ¶ 54. Absent an abuse of discretion, an appellate court will not disturb a trial
court's ruling as to the admissibility of evidence. State v. Isham, 12th Dist. Butler No.
CA2013-07-123,
2014-Ohio-1689.
{¶ 37} Evid.R. 401 defines relevant evidence as "evidence having any tendency to
make the existence of any fact that is of consequence to the determination of the action more
probable or less probable than it would be without the evidence." According to Evid.R.
403(A), relevant evidence is not admissible "if its probative value is substantially outweighed
by the danger of unfair prejudice, of confusion of the issues, or of misleading the jury."
{¶ 38} Fields argued at trial that incident reports relating to Isome's use of force
against other inmates were relevant to prove that Isome had a violent history and that Isome,
not Fields, was the initial aggressor. The trial court, however, found the reports as taken
from Isome's personnel file to be inadmissible because such reports were not relevant. We
find no abuse of discretion in the trial court's decision.
{¶ 39} This court has viewed the portions of Isome's personnel file proffered by Fields,
and we agree with the trial court that the reports were not relevant. The reports detail several
past incidents where Isome used force on inmates, including various methods to subdue
combative inmates. However, in each instance, Isome's actions were deemed "justified,"
"appropriate," and no disciplinary action was ever taken against Isome for his use of force.
While the reports may indicate that Isome was required to use force in execution of his job
responsibilities, such reports do not substantiate Fields' assertion that Isome, himself, had a
violent character or was prone to violence.
{¶ 40} Also, some of the reports were specific to instances where Isome was only one
of many corrections officers who were involved in using force to subdue an inmate. Other
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reports included Isome's use of different techniques to subdue the inmate than that used on
Fields on the day in question. Therefore, these instances presented wholly different
circumstances unrelated to the incident with Fields, and would not have aided the jury's
understanding of what occurred between Fields and Isome.
{¶ 41} Moreover, Isome's past history of using force against other inmates does not
have a bearing on what Fields believed Isome would do to him on the day of the incident.
Fields argued that he acted in self-defense because Isome was the initial aggressor and he
needed to take action to defend himself against Isome. Fields wanted to introduce the
reports from Isome's personnel record to demonstrate that he had good reason to fear
violence from Isome. However, Fields testified that he had never had any interactions with
Isome before, and Isome testified that he had never had any exchanges with Fields before
the day in question. Fields did not present any evidence that he was aware of Isome's past
use of force, or that such use of force contributed to his decision to attack Isome that day in
the cafeteria. Therefore, Isome's past use of force was irrelevant to Fields' state of mind
when Fields was unaware of such use of force.
{¶ 42} After reviewing the proffered evidence and how it related to the issues, we find
that the trial court did not abuse its discretion in finding portions of Isome's personnel file
inadmissible. As such, Fields' fourth assignment of error is overruled.
{¶ 43} Assignment of Error No. 5:
{¶ 44} THE DEFENDANT-APPELLANTS [SIC] RIGHT TO A FAIR TRIAL WAS
COMPROMISED BY CUMULATIVE ERROR.
{¶ 45} Fields argues in his fifth assignment of error that he was denied a fair trial by
the cumulative effect of the errors he asserts above.
{¶ 46} "According to the cumulative error doctrine, 'a conviction will be reversed where
the cumulative effect of errors in a trial deprives a defendant of the constitutional right to a
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fair trial even though each of the numerous instances of trial court error does not individually
constitute a cause for reversal.'" State v. McClurkin, 12th Dist. Butler No. CA2007-03-071,
2010-Ohio-1938, ¶ 105, quoting State v. Garner,
74 Ohio St.3d 49, 64 (1995). Because we
have found that Fields' first four assignments of error are without merit, and that no error
occurred, Fields was not deprived of a fair trial and the cumulative error doctrine is
inapplicable here. See State v. Morgan, 12th Dist. Butler No. CA2013-08-146, 2014-Ohio-
2472. As such, Fields' fifth assignment of error is likewise without merit, and is overruled.
{¶ 47} Assignment of Error No. 6:
{¶ 48} THE TRIAL COURT ERRED IN IMPOSING SEPARATE SENTENCES UPON
THE DEFENDANT-APPELLANT WHEN THE CRIMES WERE COMMITTED WITH THE
SAME ANIMUS.
{¶ 49} Fields argues in his final assignment of error that the trial court erred in not
merging his convictions for assault on a corrections officer and obstructing official business.
{¶ 50} R.C. 2941.25 prohibits the imposition of multiple punishments for the same
criminal conduct, and provides that:
(A) Where the same conduct by defendant can be construed to
constitute two or more allied offenses of similar import, the
indictment or information may contain counts for all such
offenses, but the defendant may be convicted of only one.
(B) Where the defendant's conduct constitutes two or more
offenses of dissimilar import, or where his conduct results in two
or more offenses of the same or similar kind committed
separately or with a separate animus as to each, the indictment
or information may contain counts for all such offenses, and the
defendant may be convicted of all of them.
{¶ 51} The Ohio Supreme Court has set forth a test to determine whether offenses are
allied offenses of similar import pursuant to R.C. 2941.25. State v. Johnson, 128 Ohio St.3d
153,
2010-Ohio-6314. Pursuant to the Johnson test, courts must first determine "whether it
is possible to commit one offense and commit the other with the same conduct." Id. at ¶ 48.
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(Emphasis sic.) It is not necessary that the commission of one offense will always result in
the commission of the other, only that it is possible for both offenses to be committed by the
same conduct. Id.
{¶ 52} If it is possible to commit both offenses with the same conduct, courts must
next determine whether the offenses were in fact committed by the same conduct, or a single
act performed with a single state of mind. Id. at ¶ 49. If the answer to both prongs of the test
is yes, then the offenses are allied offenses of similar import and must be merged. Id. at ¶
50. Conversely, if the offenses are committed separately or with a separate animus, the
offenses will not merge. Id. at ¶ 51.
{¶ 53} An appellate court applies a de novo standard of review in reviewing a trial
court's R.C. 2941.25 merger determination. State v. Williams, 134 Ohio St.3d 482, 2012-
Ohio-5699, ¶ 28. "The defendant bears the burden of establishing his entitlement to the
protection provided by R.C. 2941.25 against multiple punishments for a single criminal act."
State v. Lewis, 12th Dist. Clinton No. CA2008-10-045,
2012-Ohio-885, ¶ 14.
{¶ 54} Stated once more, Fields was convicted of assault in violation of R.C.
2903.13(A), which states, "no person shall knowingly cause or attempt to cause physical
harm to another or to another's unborn." Fields was also convicted of obstructing official
business in violation of R.C. 2921.31(A), which provides, that "no person, without privilege to
do so and with purpose to prevent, obstruct, or delay the performance by a public official of
any authorized act within the public official's official capacity, shall do any act that hampers or
impedes a public official in the performance of the public official's lawful duties."
{¶ 55} While Fields disputes that he committed the crimes, he nonetheless asserts
that even if he had, he would have done so with the same animus so that the convictions
must be merged. We disagree.
{¶ 56} While it is possible that an inmate can commit obstructing official business and
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assault with the same conduct, we find that Fields did not in this case. The record
demonstrates that after Fields assaulted Isome by punching him on the face and engaging in
a struggle that resulted in multiple physical injuries to Isome, Fields was ordered to stop his
actions and submit to the control of the other corrections officers. Despite the clear orders
from the other corrections officers, including Echcaroff, Fields continued to resist, an act
separate from his assault on Isome. As stated during Echcaroff's testimony, it took
approximately seven different corrections officers to finally subdue Fields after he had
attacked Isome. Once the other corrections officers came into the cafeteria and tried to
subdue Fields, he took his attention from assaulting Isome and directed it to resisting the
other officers. Thus, Fields' act of disobeying the orders of the corrections officers by
resisting them and not doing what they ordered him to do was separate conduct committed
with a separate animus.
{¶ 57} Despite Fields' arguments that the obstruction was "simply a continuation" of
the assault so that both crimes were committed within a single course of conduct, the record
demonstrates otherwise. Fields had one animus and one victim when he committed assault
against Isome by punching Isome in the face and causing him other injuries during the
struggle. Fields had a separate animus and a separate "victim" when he blatantly, and
without privilege to do so, resisted the corrections officers' attempts to restore peace in the
cafeteria. Fields impeded the corrections officers in completing their official duties to subdue
violent inmates by struggling with them and refusing to submit after he had already
completed his assault against Isome. Thus, the two offenses were not committed with a
single act and a single state of mind. See State v. Standifer, 12th Dist. Warren No. CA2011-
07-071, 2012-Ohio-3132 (affirming appellant's convictions for obstructing official business
and assault where such convictions did not merge because they were committed with
separate conduct
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{¶ 58} Having found that Fields did not commit the crimes with a single animus, the
trial court did not err by refusing to merge the convictions. As such, Fields' final assignment
of error is overruled.
{¶ 59} Judgment affirmed.
RINGLAND, P.J., and S. POWELL, J., concur.
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