[Cite as State v. Thompson, 2017-Ohio-4330.]

COURT OF APPEALS 

GUERNSEY COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : JUDGES: 

 : Hon. Scott W. Gwin, P.J. 

 Plaintiff-Appellee : Hon. John W. Wise, J. 

 : Hon. Earle E. Wise, Jr., J. 

-vs- : 

 : 

MATTHEW W. THOMPSON : Case No. 16-CA-16 

 : 

 Defendant-Appellant : O P I N I O N 

CHARACTER OF PROCEEDING: Appeal from the Court of Common 

Pleas, Case No. 16-CR-95 

JUDGMENT: Affirmed 

DATE OF JUDGMENT: June 15, 2017 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

JASON FARLEY CHANDRA L. ONTKO 

Assistant Prosecuting Attorney 665 Southgate Parkway 

145 N. 7th Street Cambridge, OH 43725 

Cambridge, OH 43725 
Guernsey County Case No. 16-CA-16 2 

Wise, Earle, J. 

 {¶ 1} Defendant-Appellant, Matthew Thompson, appeals the July 27, 2017 

judgment of conviction and sentence of the Court of Common Pleas of Guernsey County, 

Ohio. Plaintiff-Appellee is the state of Ohio. 

FACTS AND PROCEDURAL HISTORY 

{¶ 2} On May 11, 2016, the Guernsey County Grand Jury returned an indictment 

charging appellant, Matthew Thompson, with one count of robbery, in violation of R.C. 

2911.02(A)(2), one count of conspiracy to commit robbery in violation of R.C. 

2923.01(A)(1), and one count of theft in violation of R.C. 2913.02. 

{¶ 3} Said charges arose on the evening of April 16, 2016, when appellant and his 

accomplice, Shane Johnson, entered Riesbeck’s Food Market on 23rd Street in 

Cambridge Ohio. The men walked through the store, filling a grocery cart with packaged 

meat, unpackaged meat from behind the meat counter, and cleaning products. Once the 

cart was full, appellant distracted the only cashier on duty while Johnson walked out the 

door with the merchandise. 

 {¶ 4} Manager Neil Denton was in the office watching the store’s security cameras. 

He noticed Johnson leaving the store without paying and went after him. Denton followed 

Johnson out into the parking lot and asked to see his receipt. Johnson stopped and told 

Denton to leave him alone. Denton turned to go back to the store to call police. As he did, 

appellant, who had exited the store after Denton, struck Denton in the back of the head 

with his fist. Appellant swung at Denton a second time, but missed. 

 {¶ 5} Shortly thereafter, police arrived and tracked appellant and Johnson to a 

nearby Speedway gas station. After a brief foot chase, the two were taken into custody. 
Guernsey County Case No. 16-CA-16 3 

The Riesbeck’s grocery cart filled with $561.00 in merchandise was recovered from 

behind the Speedway. 

 {¶ 6} On July 26, 2016, the matter proceeded to a jury trial and appellant was found 

guilty as charged. At sentencing, the trial court vacated appellant’s conviction for 

conspiracy to commit robbery, and merged his convictions for robbery and theft. The trial 

court then sentenced appellant to seven years incarceration. 

 {¶ 7} Appellant filed an appeal and this matter is now before this court for 

consideration. The sole assignment of error is as follows: 

I 

“THE JUDGMENT WAS AGAINST THE MANIFEST WEIGHT OF THE 

EVIDENCE.” 

 {¶ 8} Appellant argues the guilty verdict was against the manifest weight of the 

evidence. Appellant argues it was not he, but rather Johnson who committed the theft. 

Appellant claims there was no evidence presented to demonstrate that he took any 

affirmative action to participate in the theft. We disagree. 

{¶ 9} On review for sufficiency, a reviewing court is to examine the evidence at trial 

to determine whether such evidence, if believed, would support a conviction. State v. 

Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991). "The relevant inquiry is whether, after 

viewing 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." 

Jenks at paragraph two of the syllabus, following Jackson v. Virginia, 443 U.S. 307, 99 

S.Ct. 2781, 61 L.Ed.2d 560 (1979). 
Guernsey County Case No. 16-CA-16 4 

{¶ 10} On review for manifest weight, a reviewing court is to examine 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 jury 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. Martin, 20 Ohio App.3d 172, 175, 485 

N.E.2d 717 (1st Dist.1983). See also, State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 

541 (1997). The granting of a new trial "should be exercised only in the exceptional case 

in which the evidence weighs heavily against the conviction." Martin at 175. 

 {¶ 11} Appellant was convicted of robbery in violation of R.C. 2911.02(A)(2) which 

states, “[n]o person, in attempting or committing a theft offense or in fleeing immediately 

after the attempt or offense, shall * * * [i]nflict, attempt to inflict, or threaten to inflict 

physical harm on another * * *. 

 {¶ 12} Surveillance cameras inside Riebeck’s captured video of both appellant and 

Johnson filling a shopping cart with food and other products. The video further captured 

appellant entering the closed meat counter area, removing unpackaged meat from the 

case and placing it in the cart. Finally, the video shows Johnson circling near the exit door 

until appellant could distract the sole cashier on duty, permitting Johnson to leave the 

store. This video was played for the jury. T at 121-126. 

{¶ 13} When Denton attempted to stop Johnson outside the store, appellant struck 

Denton in the head with his fist, aiding in their getaway. Denton identified appellant as the 

man who struck him. T at 112-115, 127-128. 
Guernsey County Case No. 16-CA-16 5 

 {¶ 14} Upon review, we find sufficient evidence to establish that appellant, while 

fleeing after a theft offense, attempted to inflict harm upon Denton. 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). We find no manifest 

miscarriage of justice. 

{¶ 15} The assignment of error is denied. 

{¶ 16} The judgment of the Court of Common Pleas of Guernsey County, Ohio is 

hereby affirmed. 

By Wise, Earle, J. 

Gwin, P.J. and 

Wise, John, J. concur. 

EEW/sg 522