[Cite as State v. Williams, 2017-Ohio-803.]

COURT OF APPEALS 

STARK COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsANTHONY L. WILLIAMS 

 Defendant-Appellant 

JUDGES: 

Hon. W. Scott Gwin, P J. 

Hon. William B. Hoffman, J. 

Hon. John W. Wise, J. 

Case No. 2016 CA 00074 

O P I N I O N 

CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common 

Pleas, Case No. 2015 CR 02055 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: March 6, 2017 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

JOHN D. FERRERO GEORGE URBAN 

PROSECUTING ATTORNEY 116 Cleveland Avenue NW 

RENEE M. WATSON Suite 808 

ASSISTANT PROSECUTOR Canton, Ohio 44702 

110 Central Plaza South, Suite 510 

Canton, Ohio 44702-1413 
Stark County, Case No. 2016 CA 00074 2

Wise, John, J. 

{¶1} Appellant Anthony Lamar Williams appeals his convictions on one count of 

Domestic Violence and one count of Assault entered in the Stark County Common Pleas 

Court following a jury trial. 

{¶2} Appellee is the State of Ohio. 

STATEMENT OF THE FACTS 

{¶3} Appellant Anthony Williams was charged with and convicted of one count 

of Domestic Violence, in violation of R.C. §2919.25, a third degree felony, one count of 

Assault, in violation of R.C. §2903.13, a first-degree misdemeanor, and one count of 

Resisting Arrest, in violation of R.C. §2921.33 a second-degree misdemeanor. The 

charges arose from an incident which occurred on December 23, 2015. The relevant facts 

as set forth at trial are as follows: 

{¶4} On December 23, 2015, at approximately 8:00 p.m., “Victim 2” was living at 

1000 16th Street NW in Canton, Ohio, when she answered a knock at her door and found 

a panicked woman (Victim 1) standing outside whom she did not know. She noticed not 

only that the woman was in a panic, but also that she had a scratch on her neck near her 

collar bone. The woman asked her to go with her to her apartment because she needed 

to get something inside. (T. at 147-149). 

{¶5} Victim 2 followed Victim 1 a couple doors up the street to an upstairs 

apartment at 1010 16th Street NW. Victim 1 walked into the apartment and, because she 

seemed worried, Victim 2 followed. There was a black male inside the apartment, later 

identified as Defendant-Appellant Anthony Williams. He and Victim 1 started arguing, and 
Stark County, Case No. 2016 CA 00074 3

the verbal argument quickly became physical when Appellant began pummeling Victim 

1. (T. at 151-152). 

{¶6} Victim 2 witnessed Appellant punch Victim 1 in the face, then swing a glass 

bottle at her. Victim 2 called 911 but could not be heard over screaming from Appellant 

and Victim 1. (T. at 152-153). 

{¶7} Victim 2 then tried to break up the fight, but Appellant picked her up and 

slammed her down on top of Victim 1. Victim 2 was eventually able to get Victim 1 away 

from Appellant, and the two ran out of the apartment just as police arrived. (T. at 153-

154). 

{¶8} Canton Police Officers Coates and Eckelberry were first on the scene and 

heard screaming from inside the apartment. The officers activated their body cameras 

and proceeded to the apartment. Officer Coates announced himself and opened the 

apartment door. As he did, two women ran from the residence. (T. at 182-187). 

{¶9} Officer Coates recalled that when he approached Victim 1, she was 

hysterical, screaming, and her face was bleeding. She advised Officer Coates that 

Appellant might have a gun. The officers called for backup and then called for Appellant 

to come out of the apartment. Appellant initially challenged the officers to come and get 

him but eventually came out on his own. (T. at 188-194). 

{¶10} Victim 1 and Victim 2 were standing outside the building when the officers 

brought Appellant outside and as he walked past the women, Appellant kicked Victim 1 

and then began fighting the officers. Appellant grabbed Officer Coates's pinky finger and 

tried to twist and break it. After some struggle, the officers managed to secure Appellant 

in the police cruiser. (T. at 194-197). 
Stark County, Case No. 2016 CA 00074 4

{¶11} Three Canton police officers entered the apartment to make sure that no 

one else was inside. Footage from their body cameras shows only one furnished room in 

the apartment - a bedroom. The bedroom contained both male and female clothing items. 

A second bedroom just had a mattress on the floor. 

{¶12} Officer Coates stated that he had had previous interactions with Appellant 

and Victim 1 which led him to understand that the two lived together. 

{¶13} Victim 1 told Officer Coates that evening that she would not cooperate with 

prosecution if Appellant was charged. This too was captured on the body camera video. 

(T. at 197-198, 211-219, 231-232). Sergeant Garren arrived on the scene to photograph 

the residence and Victim 1. There was some blood splatter in the bedroom and blood on 

the walls. Victim 1 had bite marks on her shoulder and back, a bloody nose, and additional 

injuries to her lip and the back of her neck. Victim 2 was sore for a few days after the 

incident from being slammed down on top of Victim 1. (T. at 159, 198- 204). 

{¶14} As a result of these events, the Stark County Grand Jury later returned an 

indictment charging Appellant with one count of domestic violence, a third degree felony 

due to prior domestic violence convictions, one count of assault, and one count of 

resisting arrest. 

{¶15} Appellant pled not guilty to the charges and rejected the state's offer of 18 

months in exchange for his plea of guilty. Appellant elected to proceed to a jury trial which 

began on March 14, 2016. 

{¶16} At trial, the state presented testimony from Victim 2 and Officer Coates, who 

gave the above outlined information to the jury. A video containing body camera footage 

from several officers was also played for the jury. Victim 1, as promised, failed to appear 
Stark County, Case No. 2016 CA 00074 5

at trial on the first day. She did, however, appear the following morning, dramatically 

hysterical. Victim 1 claimed her brother had died the previous evening, that she was 

"unstable," and that she had been drinking since 9:00 p.m. the evening before. The trial 

court allowed Victim 1 to be called as a court's witness and further found her competent 

to testify. (T. at 231-232, 253-255, 257). 

{¶17} Victim 1 denied that she and Appellant lived together or had any significant 

relationship. According to Victim 1, she has many "everythings" and "husbands" because 

she simply tells men what they want to hear. She also testified that she knows the 

difference between a simple assault and domestic violence and that domestic violence 

requires a "child or a relationship with that person" to support a conviction. (T. at 263-

268). 

{¶18} The jury deliberated for two hours and forty-two minutes and returned 

verdicts of guilty as charged. 

{¶19} The trial court immediately proceeded to sentencing wherein it sentenced 

Appellant to 36 months incarceration for domestic violence, 180 days for assault, and 90 

days for resisting arrest. Appellant was ordered to serve the sentences concurrently. 

{¶20} Appellant now appeals, raising the following errors for review: 

ASSIGNMENTS OF ERROR 

{¶21} “I. APPELLANT'S CONVICTION OF DOMESTIC VIOLENCE WAS 

AGAINST THE SUFFICIENCY AND MANIFEST WEIGHT OF THE EVIDENCE 

BECAUSE THE STATE FAILED TO PROVE THAT [VICTIM 1] WAS APPELLANT'S 

"FAMILY OR HOUSEHOLD MEMBER." 
Stark County, Case No. 2016 CA 00074 6

{¶22} “II. APPELLANT'S CONVICTION OF ASSAULT AGAINST [VICTIM 2] WAS 

AGAINST THE SUFFICIENCY AND MANIFEST WEIGHT OF THE EVIDENCE.” 

I., II. 

{¶23} In his two Assignments of Error, Appellant argues that his convictions for 

domestic violence and assault were against the manifest weight and sufficiency of the 

evidence. We disagree. 

{¶24} A review of the sufficiency of the evidence and a review of the manifest 

weight of the evidence are separate and legally distinct determinations. State v. Gulley

(Mar. 15, 2000), 9th Dist. No. 19600, at 3. “While the test for sufficiency requires a 

determination of whether the State has met its burden of production at trial, a manifest 

weight challenge questions whether the State has met its burden of persuasion.” State v. 

Thompkins (1997), 78 Ohio St.3d 380, 390, 678 N.E.2d 541. 

{¶25} In order to determine whether the evidence before the trial court was 

sufficient to sustain a conviction, this Court must review the evidence in a light most 

favorable to the prosecution. State v. Jenks (1991), 61 Ohio St.3d 259, 574 N.E.2d 492, 

paragraph two of the syllabus, superseded by State constitutional amendment on other 

grounds in State v. Smith (1997), 80 Ohio St.3d 89, 684 N.E.2d 668. 

{¶26} Specifically, 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. State v. Jenks, supra. This test raises a 

question of law and does not allow the court to weigh the evidence. State v. Martin (1983), 

20 Ohio App.3d 172, 175, 485 N.E.2d 717. The relevant inquiry is whether, after viewing 
Stark County, Case No. 2016 CA 00074 7

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.” State 

v. Thompkins, 78 Ohio St.3d at 386, 678 N.E.2d 541. 

{¶27} “Because sufficiency is required to take a case to the jury, a finding that a 

conviction is supported by the weight of the evidence must necessarily include a finding 

of sufficiency.” State v. Roberts (Sept. 17, 1997), 9th Dist. No. 96CA006462. Thus, a 

determination that a conviction is supported by the weight of the evidence will also be 

dispositive of the issue of sufficiency. Cuyahoga Falls v. Scupholm (Dec. 13, 2000), 9th 

Dist. Nos. 19734 and 19735, unreported. 

{¶28} In determining whether a conviction is against the manifest weight of the 

evidence, an appellate court: “[M]ust review the entire record, weigh the evidence and all 

reasonable inferences, consider the credibility of witnesses and determine whether, in 

resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a 

manifest miscarriage of justice that the conviction must be reversed and a new trial 

ordered.” State v. Otten (1986), 33 Ohio App.3d 339, 340, 515 N.E.2d 1009. 

{¶29} A weight of the evidence challenge indicates that a greater amount of 

credible evidence supports one side of the issue than supports the other. State v. 

Thompkins, 78 Ohio St.3d at 387, 678 N.E.2d 541. Further, when reversing a conviction 

on the basis that the conviction was against the manifest weight of the evidence, the 

appellate court sits as the “thirteenth juror” and disagrees with the fact finder's resolution 

of the conflicting testimony. Id. at 388, 678 N.E.2d 541. An appellate court must make 

every reasonable presumption in favor of the judgment and Findings of Fact of the trial 

court. Karches v. Cincinnati (1988), 38 Ohio St.3d 12, 19, 526 N.E.2d 1350. “The verdict 
Stark County, Case No. 2016 CA 00074 8

will not be disturbed unless the appellate court finds that reasonable minds could not 

reach the conclusion reached by the trier of fact.” State v. Clemons (1998), 82 Ohio St.3d 

438, 444, 696 N.E.2d 1009, citing State v. Jenks, 61 Ohio St.3d at 273, 574 N.E.2d 492. 

Therefore, this Court's “discretionary power * * * should be exercised only in the 

exceptional case in which the evidence weighs heavily against the conviction.” State v. 

Martin (1983), 20 Ohio App.3d 172, 175, 485 N.E.2d 717; See, also, Otten, 33 Ohio 

App.3d at 340, 515 N.E.2d 1009. 

{¶30} In State v. Thompkins (1997), 78 Ohio St.3d 380, 678 N.E.2d 541, the Ohio 

Supreme Court held “[t]o reverse a judgment of a trial court on the basis that the judgment 

is not sustained by sufficient evidence, only a concurring majority of a panel of a court of 

appeals reviewing the judgment is necessary.” Id. at paragraph three of the syllabus. 

However, to “reverse a judgment of a trial court on the weight of the evidence, when the 

judgment results from a trial by jury, a unanimous concurrence of all three judges on the 

court of appeals panel reviewing the case is required.” Id. at paragraph four of the 

syllabus; State v. Miller (2002), 96 Ohio St.3d 384, 2002-Ohio-4931 at ¶ 38, 775 N.E.2d 

498. 

{¶31} In the case sub judice, Appellant was convicted of domestic violence in 

violation of R.C. §2919.25, and assault, in violation of R.C. §2903.13 which state: 

{¶32} R.C. 2919.25(A) Domestic Violence

(A) No person shall knowingly cause or attempt to cause physical 

harm to a family or household member. 

*** 
Stark County, Case No. 2016 CA 00074 9

(F) As used in this section and sections 2919.251 and 2919.26 of the 

Revised Code: 

(1) “Family or household member” means any of the following: 

(a) Any of the following who is residing or has resided with the 

offender: 

(i) A spouse, a person living as a spouse, or a former spouse of the 

offender; 

(ii) A parent, a foster parent, or a child of the offender, or another 

person related by consanguinity or affinity to the offender; 

(iii) A parent or a child of a spouse, person living as a spouse, or 

former spouse of the offender, or another person related by consanguinity 

or affinity to a spouse, person living as a spouse, or former spouse of the 

offender. 

(b) The natural parent of any child of whom the offender is the other 

natural parent or is the putative other natural parent. 

(2) “Person living as a spouse” means a person who is living or has 

lived with the offender in a common law marital relationship, who otherwise 

is cohabiting with the offender, or who otherwise has cohabited with the 

offender within five years prior to the date of the alleged commission of the 

act in question. 

{¶33} A person acts knowingly, regardless of his purpose, when he is aware that 

his conduct will probably cause a certain result or will probably be of a certain nature. 

R.C. §2901.22(B). 
Stark County, Case No. 2016 CA 00074 10

{¶34} “Physical harm” is “any injury, illness, or other physiological impairment, 

regardless of its gravity or duration.” R.C. §2901.01(A)(3). 

{¶35} Appellant argues that the State failed to prove that Victim 1 was a family or 

household member. 

{¶36} In State v. Williams, 79 Ohio St.3d 459, 465, 683 N.E.2d 1126., the Ohio 

Supreme Court addressed the definition of “cohabitation” as follows: 

[W]e conclude that the essential elements of “cohabitation” are (1) 

sharing of familial or financial responsibilities and (2) consortium. R.C. 

2919.25(E)(2) and related statutes. Possible factors establishing shared 

familial or financial responsibilities might include provisions for shelter, food, 

clothing, utilities, and/or commingled assets. Factors that might establish 

consortium include mutual respect, fidelity, affection, society, cooperation, 

solace, comfort, aid of each other, friendship, and conjugal relations. These 

factors are unique to each case and how much weight, if any, to give to 

each of these factors must be decided on a case-by-case basis by the trier 

of fact. 

{¶37} The Court further defined cohabitation in State v. McGlothan, finding where 

the state demonstrated the defendant was the victim's boyfriend and they had lived 

together for about a year, the state had no obligation to demonstrate the sharing of familial 

or financial responsibilities and consortium to prove cohabitation. 138 Ohio St.3d 146, 

149, 2014-Ohio-85, 4 N.E.3d 1021, ¶15. 

{¶38} As set forth above, Victim 1, in her testimony, denied that she and Appellant 

lived together. However, at trial, Officer Coates testified that he had prior dealing with 
Stark County, Case No. 2016 CA 00074 11

Appellant and Victim 1 and that in those prior interactions, he was given the impression 

that the two lived together. He further stated that the only furnished room in the apartment 

was one of the bedrooms and that bedroom contained a bedroom set and both male and 

female clothing. Additionally, Victim 1 admitted that she had a sexual relationship with 

Appellant, that she refers to him as her husband, and that the bedroom set was acquired 

by Appellant at Rent-a-Center. The jury was also given the opportunity to view the 

apartment via the video from the officer’s body camera. 

{¶39} Viewing the evidence in a light most favorable to the prosecution, we 

conclude that a reasonable person could have found beyond a reasonable doubt that 

Victim 1 was a family or household member and that Appellant inflicted physical harm on 

Victim 1. We hold, therefore, that the state met its burden of production regarding each 

element of the crime of domestic violence and, accordingly, there was sufficient evidence 

to support Appellant's conviction. 

{¶40} As an appellate court, we are not fact finders; we neither weigh the evidence 

nor judge the credibility of witnesses. Our role is to determine whether there is relevant, 

competent and credible evidence, upon which the fact finder could base his or her 

judgment. Cross Truck v. Jeffries, 5th Dist. Stark No. CA–5758, 1982 WL 2911 (Feb. 10, 

1982). Accordingly, judgments supported by some competent, credible evidence going to 

all the essential elements of the case will not be reversed as being against the manifest 

weight of the evidence. C.E. Morris Co. v. Foley Construction, 54 Ohio St.2d 279, 376 

N.E.2d 578 (1978). The Ohio Supreme Court has emphasized: “ ‘[I]n determining whether 

the judgment below is manifestly against the weight of the evidence, every reasonable 

intendment and every reasonable presumption must be made in favor of the judgment 
Stark County, Case No. 2016 CA 00074 12

and the finding of facts. * * *.’ ” Eastley v. Volkman, 132 Ohio St.3d 328, 334, 972 N.E.2d 

517, 2012-Ohio-2179, quoting Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 80, 

461 N.E.2d 1273 (1984), fn. 3, quoting 5 Ohio Jurisprudence 3d, Appellate Review, 

Section 603, at 191–192 (1978). Furthermore, it is well established that the trial court is 

in the best position to determine the credibility *420 of witnesses. See, e.g., In re Brown,

9th Dist. No. 21004, 2002-Ohio-3405, 2002 WL 1454025, ¶ 9, citing State v. DeHass, 10 

Ohio St.2d 230, 227 N.E.2d 212 (1967). 

{¶41} Ultimately, “the reviewing court must determine whether the appellant or the 

appellee provided the more believable evidence, but must not completely substitute its 

judgment for that of the original trier of fact ‘unless it is patently apparent that the fact 

finder lost its way.’ ” State v. Pallai, 7th Dist. Mahoning No. 07 MA 198, 2008-Ohio-6635, 

2008 WL 5245576, ¶ 31, quoting State v. Woullard, 158 Ohio App.3d 31, 2004-Ohio3395, 813 N.E.2d 964 (2nd Dist.2004), ¶ 81. In other words, “[w]hen there exist two fairly 

reasonable views of the evidence or two conflicting versions of events, neither of which 

is unbelievable, it is not our province to choose which one we believe.” State v. Dyke, 7th 

Dist. Mahoning No. 99 CA 149, 2002 WL 407847, at ¶ 13, citing State v. Gore, 131 Ohio 

App.3d 197, 201, 722 N.E.2d 125 (7th Dist.1999). 

{¶42} The weight to be given to the evidence and the credibility of the witnesses 

are issues for the trier of fact. State v. DeHass, 10 Ohio St.2d 230, 227 N.E.2d 212 (1967), 

paragraph one of the syllabus; State v. Hunter, 131 Ohio St.3d 67, 2011-Ohio-6524, 960 

N.E.2d 955, ¶ 118. Accord, Glasser v. United States, 315 U.S. 60, 80, 62 S.Ct. 457, 86 

L.Ed. 680 (1942); Marshall v. Lonberger, 459 U.S. 422, 434, 103 S.Ct. 843, 74 L.Ed.2d 

646 (1983). 
Stark County, Case No. 2016 CA 00074 13

{¶43} The jury as the trier of fact was free to accept or reject any and all of the 

evidence offered by the parties and assess the witness's credibility. “While the jury may 

take note of the inconsistencies and resolve or discount them accordingly * * * such 

inconsistencies do not render defendant's conviction against the manifest weight or 

sufficiency of the evidence.” State v. Craig, 10th Dist. Franklin No. 99AP-739, 2000 WL 

297252 (Mar. 23, 2000) citing State v. Nivens, 10th Dist. Franklin No. 95APA09-1236, 

1996 WL 284714 (May 28, 1996). Indeed, the jury need not believe all of a witness' 

testimony, but may accept only portions of it as true. State v. Raver, 10th Dist. Franklin 

No. 02AP-604, 2003-Ohio-958, 2003 WL 723225, ¶ 21, citing State v. Antill, 176 Ohio St. 

61, 67, 197 N.E.2d 548 (1964); State v. Burke, 10th Dist. Franklin No. 02AP–1238, 2003-

Ohio-2889, 2003 WL 21291042, citing State v. Caldwell, 79 Ohio App.3d 667, 607 N.E.2d 

1096 (4th Dist.1992). Although the evidence may have been circumstantial, we note that 

circumstantial evidence has the same probative value as direct evidence. State v. Jenks, 

supra.

{¶44} We find that this is not an “ ‘exceptional case in which the evidence weighs 

heavily against the conviction.’ ” Thompkins, 78 Ohio St.3d at 387, 678 N.E.2d 541, 

quoting Martin, 20 Ohio App.3d at 175, 485 N.E.2d 717. The jury neither lost his way nor 

created a miscarriage of justice in convicting Appellant of the charge of domestic violence 

{¶45} Based upon the foregoing and the entire record in this matter, we find 

Appellant's conviction is not against the sufficiency or the manifest weight of the evidence. 

To the contrary, the jury appears to have fairly and impartially decided the matters before 

them. The jury as a trier of fact can reach different conclusions concerning the credibility 

of the testimony of the state's witnesses and Appellant's testimony. This Court will not 
Stark County, Case No. 2016 CA 00074 14

disturb the jury's finding so long as competent evidence was present to support it. State 

v. Walker, 55 Ohio St.2d 208, 378 N.E.2d 1049 (1978). The jury heard the witnesses, 

evaluated the evidence, and was convinced of Appellant's guilt. 

{¶46} Finally, upon careful consideration of the record in its entirety, we find that 

there is substantial evidence presented which if believed, proves all the elements of the 

crime of domestic violence beyond a reasonable doubt. 

ASSAULT 

{¶47} Appellant was also charged with one count of assault as to Victim 2: 

{¶48} R.C. §2903.13 Assault

{¶49} (A) No person shall knowingly cause or attempt to cause physical harm to 

another or to another's unborn. 

{¶50} A person acts knowingly, regardless of his purpose, when he is aware that 

his conduct will probably cause a certain result or will probably be of a certain nature. 

R.C. §2901.22(B). 

{¶51} “Physical harm” is “any injury, illness, or other physiological impairment, 

regardless of its gravity or duration.” R.C. §2901.01(A)(3). 

{¶52} Appellant specifically claims that because the only witness to the assault 

charge was Victim 2 herself, that her testimony was not credible, the conviction cannot 

stand. 

{¶53} At trial, Victim 2, testified that when she was attempting to break up the fight 

between Appellant and Victim 1, Appellant picked her up and threw her down on top of 

Victim 1. She also stated that she was sore for days after the altercation. (T. at 153-154, 

159). 
Stark County, Case No. 2016 CA 00074 15

{¶54} Ohio courts have held that the testimony of one witness, if believed by the 

jury, is sufficient to support a conviction. The issue of witness credibility is a matter within 

the province of the jury. State v. Jamison (1990), 49 Ohio St.3d 182, 552 N.E.2d 180. 

{¶55} Victim 2’s testimony alone, if believed, supports the conviction for assault. 

There is no requirement for the State to produce corroborating evidence. 

{¶56} Here, the jury chose to believe Victim 2’s testimony and to find that the 

evidence presented by the State met that burden of persuasion. 

{¶57} Accordingly, Appellant’s First and Second Assignments of Error are 

overruled. 

{¶58} For the reasons stated in the foregoing opinion, the judgment of the Stark 

County Court of Common Pleas is affirmed. 

By: Wise, John, J. 

Gwin, P. J., and 

Hoffman, J., concur. 

 

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