[Cite as State v. Jones,
2025-Ohio-2928.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
PORTAGE COUNTY
STATE OF OHIO, CASE NO. 2024-P-0082
CITY OF RAVENNA,
Plaintiff-Appellee, Criminal Appeal from the
Municipal Court, Ravenna Division
- vs -
GILES JONES, Trial Court No. 2024 CRB 01711 R
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Decided: August 18, 2025
Judgment: Affirmed in part, modified in part, affirmed as modified in part, reversed and
remanded in part
Connie J. Lewandowski, Portage County Prosecutor, and Kristina K. Reilly, Assistant
Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).
Adam M. Vanho, 37 South Main Street, Suite 3, P.O. Box 157, Munroe Falls, OH 44262
(For Defendant-Appellant).
ROBERT J. PATTON, P.J.
{¶1} Defendant-appellant, Giles Jones (“Jones”), appeals the decision of the
Portage County Municipal Court, Ravenna Division, sentencing him to 90 days in jail, with
60 days suspended, and a $500 fine for public indecency. For the following reasons, we
affirm the judgment of the Portage County Municipal Court in part, modify in part, affirm
as modified in part, and reverse and remand in part.
{¶2} This case arises from an incident occurring on October 4, 2024, when Jones
exposed himself to a corrections officer, who had her back turned, and began
masturbating towards her. The officer did not see the act but was alerted to it by another
officer who watched it happen. A complaint was filed in the Portage County Municipal
Court, Ravenna Division, for public indecency, a violation of R.C. 2907.09(A)(1)(2), a
second-degree misdemeanor. After a bench trial Jones was found guilty and sentenced
to 90 days in jail with 60 days suspended, and a $500 fine plus court costs. Jones now
contends that his conviction was against both the sufficiency and manifest weight of the
evidence and that he was denied effective assistance of counsel.
{¶3} After a careful review of the record, we conclude that the evidence admitted
was sufficient to convict Jones of public indecency, a misdemeanor of the fourth-degree,
but not a misdemeanor of the second-degree, and that Jones’s conviction was not against
the manifest weight of the evidence. We further determine that Jones was not denied
effective assistance of counsel.
Substantive and Procedural History
{¶4} Jones was an inmate at the Portage County Jail when the misconduct
occurred. Corrections officer, Madison Neer (“Neer”), was conducting a security check to
ensure inmates were accounted for. According to her testimony, Neer’s back was turned
to Jones, who was freely walking in the “dayroom.” Neer explained that Jones was on 23-
hour administrative lockdown and was allowed one hour out of his cell daily to “take a
shower . . . wander the dayroom . . . use the phone, tablet, anything along those lines.”
Bench Trial Transcript, Dkt. 22, p. 8. It was during Jones’s free time out of his cell that the
incident occurred. Neer testified that Jones “came out into the middle of the dayroom and
pulled down his pants and started masturbating.” Bench Trial Transcript, Dkt. 22, p. 8.
Neer did not see Jones masturbating in her direction. Neer testified that she had walked
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up the stairs to the mezzanine, and that her back was facing Jones. Neer was talking to
another inmate while Jones was masturbating towards her. Neer’s partner, Deputy Vue,
witnessed Jones misconduct on camera at the control desk. Deputy Vue came over the
loudspeaker and ordered Jones to go into lockdown when he saw what was happening.
Deputy Vue told Neer what happened. Neer’s supervisors viewed the surveillance video
and urged her to file a complaint. Neer filed her complaint against Jones on October 7,
2024.
{¶5} A bench trial was held on December 5, 2024. Neer was the only witness
who testified at the trial. Neer testified that when viewing the surveillance video before the
trial it was the first time she saw Jones’s conduct towards her. The video was played for
the trial court and Neer identified herself and Jones in the footage. Neer indicated that
when she walked out of the camera’s view she was talking to another inmate on the
mezzanine. The mezzanine, Neer explained, is the row of cells directly above where
Jones was located when she interacted with him. The video then showed Jones walk to
the center of the dayroom, pull down his pants, and begin to masturbate while looking in
Neer’s direction. The surveillance video was admitted as an exhibit, with no objection from
defense counsel. The trial court found Jones guilty, and he was convicted of public
indecency, a misdemeanor of the second-degree. Jones was then sentenced to 90 days
in jail with 60 days suspended, a $500 fine and court costs.
Assignments of Error
{¶6} On appeal, Jones asserts three assignments of error:
{¶7} “[1.] Appellant’s conviction for public indecency, in violation of section
2907.09(a)(1)92) [sic] of the Ohio Revised Code, is unconstitutional as it is based on
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insufficient evidence, in violation of the fifth and fourteenth amendments to the United
States Constitution and article one, sections ten and sixteen of the Ohio Constitution.”
{¶8} “[2.] Appellant’s conviction for public indecency, in violation of section
2907.09(a)(1)92) [sic] of the Ohio Revised Code, is unconstitutional as it is against the
manifest weight of the evidence, in violation of the fifth and fourteenth amendments to the
United States.”
{¶9} “[3.] Appellant was deprived of the effective assistance of counsel at trial, in
violation of Strickland v. Washington, the sixth and fourteenth amendments of the United
States Constitution, and article one, section ten of the Ohio Constitution.”
Manifest Weight and Sufficiency
{¶10} Jones’s first and second assignments of error assert that the trial court’s
conviction was based on insufficient evidence, and that the conviction was not supported
by the manifest weight of the evidence. Sufficiency of the evidence and manifest weight
are interrelated, yet distinguishable, and accordingly will be analyzed together.
{¶11} A reviewing court examines the evidence presented at trial to determine
whether that evidence, if believed, would convince the jury of the defendant’s guilt beyond
a reasonable doubt. “‘“[S]ufficiency” is a term of art meaning that legal standard which is
applied to determine whether the case may go to the jury or whether the evidence is
legally sufficient to support the jury verdict as a matter of law.’” State v. Thompkins, 1997-
Ohio-52, ¶ 23, quoting Black’s Law Dictionary (6 Ed. 1990). “An appellate court’s function
when reviewing the sufficiency of the evidence to support a criminal conviction is to
examine the evidence admitted at trial to determine whether such evidence, if believed,
would convince the average mind of the defendant’s guilt beyond a reasonable doubt.”
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State v. Jenks, 61 Ohio St.3d 259, 273 (1991), superseded by constitutional amendment
on other grounds as stated by State v. Smith,
80 Ohio St.3d 89 (1997), fn. 4, paragraph
two of the syllabus. “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.”
Id. Accordingly, we review the
evidence presented at Jones’s trial to determine if, in a light most favorable to the
prosecution, the trier of fact could have found the essential elements of the crime proven
beyond a reasonable doubt.
{¶12} When reviewing the manifest weight of the evidence, the appellate court
considers the evidence in the record and whether the jury clearly lost its way. “[W]eight
of the evidence addresses the evidence’s effect of inducing belief.” State v. Wilson, 2007-
Ohio-2202, ¶ 25, citing Thompkins at ¶ 24. An appellate court must consider all the
evidence in the record, the reasonable inferences, the credibility of witnesses, and
whether, “in resolving conflicts in the evidence, the jury 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 ¶ 25, quoting State v. Martin, 20 Ohio App.3d 172, 175 (1st
Dist. 1983). “When a court of appeals reverses a judgment of a trial court on the basis
that the verdict is against the weight of the evidence, the appellate court sits as the
‘thirteenth juror’ and disagrees with the factfinder’s resolution of the conflicting testimony.”
Thompkins at ¶ 25, quoting Tibbs v. Florida,
457 U.S. 31, 42 (1982). When the court of
appeals reverses on a manifest weight of the evidence claim, they disagree with the jury
such that the conviction must be reversed to correct a manifest miscarriage of justice.
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{¶13} The statute governing public indecency is R.C. 2907.09, which states in
relevant part:
(A) No person shall recklessly do any of the following, under
circumstances in which the person’s conduct is likely to be
viewed by and affront others who are in the person’s physical
proximity and who are not members of the person’s
household:
(1) Expose the person’s private parts;
(2) Engage in sexual conduct or masturbation. . .
{¶14} The Ohio Revised Code describes when someone acts recklessly: “A
person acts recklessly when, with heedless indifference to the consequences, the person
disregards a substantial and unjustifiable risk that the person’s conduct is likely to cause
a certain result or is likely to be of a certain nature. A person is reckless with respect to
circumstances when, with heedless indifference to the consequences, the person
disregards a substantial and unjustifiable risk that such circumstances are likely to exist.”
R.C. 2901.22(C). This Court has previously noted that the statute does not require the
act to be seen by another. See State v. Simon, 2024-Ohio-4972, ¶ 30 (11th Dist.). See
also State v. Shannon,
2021-Ohio-789, ¶ 32 (11th Dist.); State v. Plymale, 2021-Ohio-
2918, ¶ 19 (5th Dist.) (sufficient evidence to meet reckless element found where
defendant convicted of public indecency for masturbating in public park near heavily
trafficked road across from residential homes, even though defendant sought a secluded
part of the park and was only seen by the arresting officer); State v. Johnson,
42 Ohio
App.3d 81, 84 (5th Dist., 1987) (defendant had no expectation of privacy when performing
sexual acts in unlocked stall of outhouse in a public rest area, conviction of public
indecency upheld). In other words, in the context of public decency, when a person
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disregards the strong likelihood of being seen, even if they are not seen, they have acted
recklessly.
{¶15} The State concedes that Jones was incorrectly convicted of a second-
degree misdemeanor. The State reasons that R.C. 2907.09(C)(2) explains that a violation
of (A)(1) is a misdemeanor of the fourth-degree, unless it is the offender’s second offense
or the conduct is viewed by a minor.
{¶16} R.C. 2907.09 explains:
(C)(1) Whoever violates this section is guilty of public
indecency and shall be punished as provided in divisions
(C)(2), (3), (4), and (5) of this section.
(C)(2) Except as otherwise provided in division (C)(2) of this
section, a violation of division (A)(1) of this section is a
misdemeanor of the [fourth-degree]. If the offender previously
has been convicted of or pleaded guilty to one violation of this
section, a violation of division (A)(1) of this section is a
misdemeanor of the [third-degree] or, if any person who was
likely to view and be affronted by the offender’s conduct was
a minor, a misdemeanor of the [second-degree] . . . .
{¶17} We therefore conclude that there was sufficient evidence to convict Jones
of a fourth-degree misdemeanor, but not a second-degree misdemeanor. The appellate
court has authority to modify a verdict in sentences such as this one. Ohio courts have
determined that, “[w]hen the evidence shows a defendant was not guilty of the crime for
which he was convicted, but was guilty of a lesser degree of that crime, an appellate court
can modify the verdict accordingly, and remand the case for resentencing. State v.
Downs, 2017-Ohio-1014, ¶ 30 (7th Dist.), citing State v. Kozic,
2014-Ohio-3788, ¶ 53 (7th
Dist.). See also State v. Hudson,
2018-Ohio-423, ¶ 35 (2nd Dist.).
{¶18} There was sufficient evidence to convict Jones of a fourth-degree
misdemeanor for the offense of public indecency. The evidence presented, however, did
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not support a conviction for public indecency as a second-degree misdemeanor. There
was no evidence that was presented to show Jones had a prior conviction for public
indecency, nor that Jones committed the act in potential view of a minor. Due to the lack
of evidence indicating that this was Jones’s second offense or that minors could be
present, the trial court could only convict Jones of a fourth-degree misdemeanor for public
indecency.
{¶19} As to Jones’s assertion that his conviction is against the manifest weight of
the evidence, we disagree. Neer testified that she started her day doing a head count and
that she noted Jones was out of his cell. Jones asked Neer to open a cleaning closet.
Neer declined. Neer testified that there were problems in the past when officers had let
Jones in the cleaning closet. Neer walked away from Jones to continue her head count
and proceeded to the mezzanine. Neer was talking to another inmate when Jones walked
to the middle of the dayroom, pulled his pants down, and started masturbating towards
her. Neer did not see Jones masturbating towards her, though she testified that she
reviewed the surveillance video that captured Jones in the act after her partner made her
aware of it. The video surveillance footage was played at the bench trial. The footage
showed Neer enter the common area, speak briefly with Jones, and then exit the view of
the camera as she proceeded to the mezzanine. When Neer was out of sight of the
camera, but in view of Jones, Jones proceeded to pull his pants down and proceeded to
masturbate. Neer testified that the dayroom is a common space where others were likely
to be present as the area was frequently used by officers and other inmates. Neer testified
that had she turned around, she would have been able to see Jones masturbating in the
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middle of the dayroom. Neer said she felt threatened by Jones’s conduct because he was
out of his cell and in a common area.
{¶20} While Neer did not see Jones masturbating, the statute merely requires that
it is likely that the defendant will be seen. See Simon, 2024-Ohio-4972, ¶ 32 (11th Dist.).
See also In re W.S.,
2009-Ohio-5427, ¶ 40 (11th Dist.) (defendant’s conduct masturbating
in the open area of a public restroom was likely to be viewed by and affront others and
conviction for public indecency was not against the manifest weight of the evidence).
Here, Jones was seen by Neer’s partner and was captured on video. Neer testified that if
she had turned around, she too would have seen Jones. Jones was not masturbating in
his cell, where he was in isolation for 23 hours a day, but during the single hour he had
out of his cell to roam the common area. Jones acted without regard to the consequences
or the risk of being seen when he entered the dayroom, pulled his pants down, and began
masturbating in the direction of Neer.
{¶21} Sufficient evidence was presented to find Jones guilty of public indecency,
as a fourth-degree misdemeanor, and the conviction was not against the manifest weight
of the evidence. As such, Jones’s first two assignments of error have merit, to the extent
that there was not sufficient evidence to support a conviction for a second-degree
misdemeanor. However, there was sufficient evidence to support a fourth-degree
misdemeanor, and a conviction for a fourth-degree misdemeanor was not against the
manifest weight of the evidence.
Ineffective Assistance of Counsel
{¶22} There are two components required to demonstrate ineffective assistance
of counsel. “First, the defendant must show that counsel’s performance was deficient.”
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Strickland v. Washington, 466 U.S. 668, 687,
104 S.Ct. 2052, (1984). “Second, the
defendant must show that the deficient performance prejudiced the defense.”
Id. To
prevail on a claim of ineffective assistance of counsel, appellant must show both deficient
performance of counsel, and that the deficient performance prejudiced the defense such
that it warrants a reversal.
{¶23} Jones contends in his brief that defense counsel’s performance was
deficient for failing to object to the improper admission of jailhouse video of Jones
masturbating, or to Neer’s testimony because she did not witness Jones masturbating. In
Ohio, there is a strong presumption that licensed attorneys are competent and that their
actions are premised in a sound strategy. State v. Shirley, 2006-Ohio-256, ¶ 13 (9th Dist.),
citing State v. Jones,
2005-Ohio-5502, ¶ 18 (9th Dist.). See also State v. Nitso, 2024-
Ohio-790, ¶ 28 (11th Dist.), citing State v. Bates, WL 314855 (11th Dist. March 30, 2001).
Failing to object to admissible evidence does not constitute ineffective assistance of
counsel. State v. O.E.P.-T.,
2023-Ohio-2035, ¶ 157, (10th Dist.). In other words, defense
counsel is not required to raise a meritless issue.
Id., citing State v. Issa,
93 Ohio St.3d
49, 68 (2001).
{¶24} Deputy Vue did not testify, and Neer did not witness Jones masturbating
because her back was turned to him. Video surveillance footage from the jail admitted at
trial was the only evidence of Jones’s misconduct that was presented. Accordingly,
Jones’s ineffective assistance of counsel claim rests on whether the jail surveillance video
was properly admitted.
Admission of the Jail Surveillance Video
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{¶25} There is a low threshold to admit surveillance video. Evid.R. 901(A) states
that: “[t]he requirement of authentication or identification as a condition precedent to
admissibility is satisfied by evidence sufficient to support a finding that the matter in
question is what its proponent claims.” “‘“This low threshold standard does not require
conclusive proof of authenticity, but only sufficient foundational evidence for the trier of
fact to conclude that the document is what its proponent claims to be.”’” State v. Glavic,
2024-Ohio-209, ¶ 47 (11th Dist.), quoting State v. Miller,
2015-Ohio-956, ¶ 21 (11th Dist.).
“Evid.R. 901(B)(1) provides, by way of illustration, that testimony from a witness with
knowledge that a matter is what it is claimed to be is sufficient to authenticate evidence.
The proponent of the evidence need only demonstrate a ‘reasonable likelihood’ that the
evidence is authentic.” Id. at 48, quoting State v. Jasiewicz,
2013-Ohio-4552, ¶ 14 (11th
Dist.), citing State v. Bell,
2009-Ohio-2335, ¶ 30 (12th Dist.). In essence, to establish the
admissibility of the jail surveillance video, the State was required to demonstrate the
reasonable likelihood that the video evidence was authentic.
{¶26} Video evidence can be admitted under two theories: the pictorial-testimony
theory, or the silent-witness theory. “Photographic evidence, including videotapes, can be
admitted under two theories. Under the pictorial-testimony theory, evidence is admissible
‘when a sponsoring witness can testify that it is a fair and accurate representation of the
subject matter, based on the witness’ personal observation.’” State v. Rosemond, 2019-
Ohio-5356, ¶ 58 (1st Dist.), citing Midland Steel Prod. Co. v. U.A.W. Local 486, 691 Ohio
St.3d 121, 129-130 (1991) and State v. Hoffmeyer,
2014-Ohio-3578, ¶ 19 (9th Dist.).
“Under the silent-witness theory, photographic evidence is a ‘silent witness,’ which
‘speaks for itself, and is substantive evidence of what it portrays independent of a
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sponsoring witness.” Id. “Under that theory, evidence is admissible ‘upon a sufficient
showing of the reliability of the process or system that produced the evidence.’”
Id. “‘The
“[silent-witness]” theory is applicable when the photographic evidence speaks for itself
and is substantive evidence of what it portrays.’” State v. Ice,
2005-Ohio-1330, ¶ 20 (7th
Dist.), quoting Midland Steel Prod. at 130. “‘Under the [silent-witness] theory,
photographic evidence may be admitted upon a sufficient showing of the reliability of the
process or system that produced the evidence.’
Id. Expert witness testimony, however, is
not required to demonstrate reliability.”
Id. Further, “surveillance video is liberally admitted
as a ‘[silent-witness]’ with sponsoring testimony.” State v. Anderson,
2014-Ohio-1831, ¶
13, (8th Dist.) quoting State v. Green,
2014-Ohio-648, ¶ 12 (7th Dist.). The State was
required to either authenticate the surveillance video through testimony of a witness who
viewed Jones’s conduct, or by establishing the reliability and accuracy of the video.
{¶27} The State failed to show that the evidence was admissible pursuant to the
pictorial-testimony theory, as there were no witnesses who testified to seeing the
misconduct. See State v. Spencer, 2019-Ohio-3800, ¶ 15 (4th Dist.) (State failed to
establish admissibility of evidence under pictorial-testimony theory because no witnesses
testified that they saw the defendant’s misconduct and that the footage was a fair and
accurate representation of what occurred). “Under the [pictorial-evidence] theory, ‘“the
photographic evidence is merely illustrative of a witness’ testimony and it only becomes
admissible when a sponsoring witness can testify that it is a fair and accurate
representation of the subject matter, based on that witness’ personal observation.”’”
Id.,
quoting Midland Steel Prod. at 129. Conversely, under the silent-witness theory, it is not
required that a witness viewed the defendant’s misconduct to testify to the authenticity of
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the video footage. “Pursuant to the [silent-witness] theory, ‘“the photographic evidence is
a ’silent witness’ which speaks for itself, and is substantive evidence of what it portrays
independent of a sponsoring witness.”’ Id. at ¶ 16, quoting Midland Steel Prod. at
paragraph three of the syllabus. In other words, once a testifying witness authenticates
the video, the video in essence speaks for itself to the defendant’s misconduct.
{¶28} Like photographs, a video “is admissible if it is shown to be an accurate
representation of what it purports to represent.” State Farm Mut. Auto. Ins. Co. v. Anders,
2012-Ohio-824, ¶ 30 (10th Dist.), citing State v. Hanna,
54 Ohio St.2d 84, 88 (1978). “It
is unnecessary to show who took the photograph or when it was taken, provided that
there is testimony that the photograph is a fair and accurate representation of what it
represents.”
Id., citing State v. Farrah,
2002-Ohio-1918, ¶ 39 (10th Dist.).
{¶29} Neer testified to the accuracy of the jail surveillance video. Neer identified
herself and the defendant in the video. Neer testified that the video was an accurate
representation of the jail and what she did on the day of the incident, and that she had
viewed the video before trial. Because Neer testified that the video accurately depicted
known features of the jail, the defendant, and herself on the day of the incident, then the
video also depicted Jones’s conduct accurately. Midland Steel Prod. at 130. Neer’s
testimony, therefore, was enough to meet the low threshold required for authentication
and sufficiently demonstrate that the video was likely what it was purported to be.
{¶30} As the video surveillance evidence was properly admitted under the silent-
witness theory, Jones failed to demonstrate that there was a failure on behalf of defense
counsel that prejudiced him. Strickland v. Washington, 466 U.S. 668, 687 (1984).
Accordingly, Jones’s third assignment of error is without merit.
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Conclusion
{¶31} Jones’s first assignment of error has merit, to the extent that Jones’s
conviction for public indecency, a second-degree misdemeanor, and was not supported
by sufficient evidence. However, a conviction for a fourth-degree misdemeanor was
supported by sufficient evidence and not against the manifest weight of the evidence. As
Jones’s conviction was not against the manifest weight of the evidence, his second
assignment of error is without merit. Further Jones’s was not deprived of effective
assistance of counsel at trial, therefore his third assignment of error is also without merit.
As such, the judgment of the Portage County Municipal Court, Ravenna Division, must
be remanded and modified to reflect Jones’s conviction for public indecency, a
misdemeanor of the fourth-degree, and for sentencing in accordance with his conviction.
{¶32} For the foregoing reasons, the judgment of the Portage County Municipal
Court, Ravenna Division, is affirmed in part, modified and affirmed as modified in part,
and reversed and remanded for sentencing in accordance with the modified conviction.
JOHN J. EKLUND, J.,
EUGENE A. LUCCI, J.,
concur.
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JUDGMENT ENTRY
For the reasons stated in the opinion of this court, it is the judgment and order of
this court that the judgment of the Portage County Municipal Court, Ravenna Division, is
hereby affirmed in part, modified and affirmed as modified in part, and reversed in part.
This case is remanded in part for further proceedings consistent with the opinion.
Costs to be taxed against the parties equally.
PRESIDING JUDGE ROBERT J. PATTON
JUDGE JOHN J. EKLUND,
concurs
JUDGE EUGENE A. LUCCI,
concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate
pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
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