State v. Curry

Citations

• 2018 Ohio 4771

Syllabus

Child endangering, R.C. 2919.22(A), loco parentis, custody and control, tampering with evidence, R.C. 2921.12(A)(1), weapon while under disability, R.C. 2923.13, misdemeanor assault R.C. 2903.13(B), sufficiency of the evidence, manifest weight of evidence, R.C. 2929.41, lawful sentence. In a circumstantial case involving the accidental shooting of two minor victims who, along with appellant were sleeping in the living room area of the children's home also occupied by their babysitter, parents, and siblings, the evidence is sufficient to support appellant's conviction for child endangering and is supported by the manifest weight of the evidence. Appellant had custody and control of the children. Appellant's convictions for tampering with evidence, having a weapon while under disability and misdemeanor assault were supported by sufficient evidence and were not against the manifest weight of the evidence. According to the evidence introduced at trial, though no gun shot residue was located on appellant's clothing, gun shot residue was found on appellant's hands indicating that he had fired, handled or acted to secret a weapon that had recently been fired. Appellant's concurrent sentence to a three-year term of prison on two counts followed by community control sanctions including house arrest and electronic monitoring on two separate counts was not unlawful.