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In re Oliver10/31/2005
JUDGMENT: Affirmed
{ } Defendant-appellant Maurice Oliver, a juvenile, appeals the judgment of the Licking County Court of Common Pleas, Juvenile Division, adjudicating him a delinquent child by reason of having committed the offense of robbery.
{ } On December 20, 2004, appellant, age 17, was charged with Robbery, in violation of R.C. 2911.02 (A) (2), in the Licking County Juvenile Court.
{ } On March 15, 2005, a trial was held in front of the Magistrate Sassen. The following evidence was adduced during the trial.
{ } Tacy Goings was one of three employees working at a United Dairy Farmer's convenience store on December 18, 2004. Ms. Goings testified that she observed the appellant remove a gray and green package of cigars from the second shelf in the candy and tobacco aisle and place them in his jacket pocket. (T. at 54-55). Tyler Wilson a second employee testified that he observed the appellant grab a five-pack of cigars and place them in his right back pocket. (T. at 59-62; 67; 71). Appellant then proceeded to the counter, purchased a bag of chips and proceeded to walk out the door. Ms. Goings followed appellant out the door and asked him to come back inside the store. Appellant voluntarily re-entered the store with Ms. Goings. Ms. Goings then instructed a second clerk to call the police. At that point appellant exited the store and a scuffle ensued with Ms. Goings.
{ } Ms. Goings testified that she was going to lock the door and appellant pushed her. The two ended up outside the store; appellant was swinging at her and Ms. Goings fell to the ground. Ms. Goings further testified that she had red marks on her neck as a result of this incident. Patrolman Earl Rowe of the Newark Police Department testified that he observed and photographed red marks on Ms. Goings' neck. A video surveillance tape was secured by the police and admitted into evidence.
{ } Officer Rowe testified that he was able to speak with the appellant later in the evening. He collected the jacket that appellant was wearing which matched the description the clerk gave as the person who had stolen the cigars from the store. The appellant admitted to Officer Rowe that he was at the United Dairy Farmer's convenience store that evening and he "squeezed between her [the clerk] and the door." (T. at 15).
{ } Officer Jon Purtee testified that he went to the appellant's home. The appellant and his mother told the officer that appellant had been home all night and had not left the house. Appellant's mother also stated: "she had not taken her eyes off of him." (T. at 76).
{ } Appellant called two witnesses. The first witness, Brandon Miles, a friend of the appellant was not present at the time of the incident inside the store. Mr. Miles met the defendant later in the evening. Mr. Miles testified that the appellant did not tell him anything about what had occurred at the store. Mr. Miles further testified that he didn't know the appellant to smoke.
{ } The appellant testified that he was present at the store on the date and time in question and that he went into the candy aisle, which is also the tobacco aisle, at that store. Appellant further testified that he doesn't smoke cigars but has smoked cigarettes. Appellant testified that he "did not like the police-and I did not want to stay there." Appellant claimed he did not like the police because they beat his mother up. Appellant also testified that police have never done anything to him personally.
{ } Appellant testified that he knew the store clerk wanted to stop him when she put her hand on the door in front of him but "he did not want to stay in the store." (
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