Fairview Park v. Werling

Citations

• 256 N.E.3d 338
• 2024 Ohio 5323

Syllabus

Menacing; ethnic intimidation; R.C. 2903.22(A); R.C. 2927.12(A); misdemeanor; Crim.R. 29; sufficiency; manifest weight; race; color; racial slurs; racially abusive language; predicate offense; underlying offense; motivating factor; totality of the circumstances; infer; venue; R.C. 2901.12(H); course of conduct. Affirmed appellant's convictions for menacing under R.C. 2903.22(A) and ethnic intimidation under R.C. 2927.12(A). The convictions were supported by sufficient evidence and were not against the manifest weight of the evidence. Following a disagreement over a shoe return, there were multiple interactions with the employees of the store in which appellant engaged in menacing conduct and repeatedly directed racial slurs at one of the victims. Although words alone are generally not enough to establish ethnic intimidation, in this matter the appellant engaged in actions and ongoing behavior from which it could be reasonably inferred that she committed the predicate offense of menacing, at least in part, by reason of race, color, religion, or national origin. Appellant failed to demonstrate plain error in regard to her venue challenge, and venue was proper pursuant to R.C. 2901.12(H)(1) and (3).