State v. Arnold

[Cite as State v. Arnold, 2022-Ohio-3147.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, : APPEAL NO. C-210541 TRIAL NO. 21CRB-16057 Plaintiff-Appellee, : vs. : O P I N I O N. HASSAN ARNOLD, : Defendant-Appellant. : Criminal Appeal From: Hamilton County Municipal Court Judgment Appealed From Is: Affirmed Date of Judgment Entry on Appeal: September 9, 2022 Andrew W. Garth, City Solicitor, William T. Horsley, Chief Prosecuting Attorney, and Tyler Liston, Assistant Prosecuting Attorney, for Plaintiff-Appellee, Raymond T. Faller, Hamilton County Public Defender, and Krista Gieske, Assistant Public Defender, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS ZAYAS, Presiding Judge. {¶1} Defendant-appellant Hassan Arnold appeals his conviction for telecommunications harassment in violation of R.C. 2917.21(B)(1), arguing that his conviction was against the manifest weight of the evidence. For the following reasons, we affirm the judgment of the trial court. Procedural and Factual History {¶2} On September 6, 2021, Arnold was charged with making a telecommunication with the purpose to threaten Meredith Gibson in violation of R.C. 2917.21(B), a misdemeanor of the first degree. The case proceeded to a bench trial, where the state presented the testimony of Meredith Gibson, Nikia Bowman, and Officer Bittinger. {¶3} Gibson testified that she had two children with Arnold, but they were no longer in a relationship. On September 6, 2021, she had a phone conversation with Arnold while she was at her sister’s house. During the first conversation, Arnold asked if he could pick up their son. She told him she had plans that day, but that he could have their son the next day. He called her right back and asked about taking their son with him to a shelter. She said Arnold wanted to use their son to help him get into a shelter. She told him no. She testified, “And then, from there, he got mad.” She said the calls started getting really adamant and Arnold told her that he was going to “beat [her] ass” every time he saw her and make her life a “living f-ing hell” if she did not bring their son outside. He also threatened to burn her sister’s house down. He kept calling her. She guessed that Arnold made “at least” 25 calls over a period of an hour, around ten of which she answered. Arnold was parked outside her sister’s house. Her sister was in the room with her the entire time. 2 OHIO FIRST DISTRICT COURT OF APPEALS {¶4} Bowman, Gibson’s sister, testified that she was sitting with Gibson in the living room when Arnold called. Gibson’s phone was on speaker phone. Arnold was saying that he was going to set the house on fire and telling Gibson that he was going to “wait her out” and beat her up if she did not bring their son outside. He also said he was going to make Gibson’s life a living hell if Gibson did not allow him to use their son to get into …

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