Summary
The Second District Court of Appeals of Ohio affirmed Joseph Sturgell’s convictions for domestic violence and assault. The court held that sufficient evidence established that the victim was a family or household member under R.C. 2919.25, including evidence that the parties cohabited and shared familial responsibilities and consortium.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to establish that the victim was a family or household member under R.C. 2919.25(A) and (F), including whether the evidence established that she was a person living as a spouse with Sturgell.
- Whether the State presented sufficient evidence to support Sturgell's domestic-violence conviction.
Holdings
- The evidence was sufficient for a rational factfinder to conclude that the victim was a person living as a spouse and therefore a family or household member under R.C. 2919.25. The couple's nontraditional, homeless lifestyle did not preclude a finding of cohabitation.
- The domestic-violence conviction was supported by sufficient evidence, and Sturgell's assignment of error was overruled.
Key quotations
“[T]he essential elements of “cohabitation” are (1) sharing of familial or financial responsibilities and (2) consortium.” (¶ 13)
“courts should be guided by common sense and by ordinary human experience.” (¶ 12)
“When guided by common sense and ordinary human experience, these facts, combined with the couple’s ongoing sexual relationship, could lead a rational factfinder to conclude that the victim was “a person living as spouse” as that phrase is defined under R.C. 2919.25(F)(2).” (¶ 16)
Factual background
Sturgell and the victim had been in a romantic and sexual relationship for approximately one and one-half years. Although both were homeless and stayed in different locations, the victim testified that they lived together wherever they went, moved together, took care of each other, and provided for each other. On May 30, 2020, Sturgell repeatedly punched, kicked, and struck the victim under a bridge in Dayton, causing extensive injuries, and the municipal court convicted him of domestic violence and assault.
Procedural history
Sturgell was charged by complaint with first-degree-misdemeanor domestic violence and assault. After a bench trial, the Dayton Municipal Court overruled his Criminal Rule 29 motion for acquittal, found him guilty of both offenses, and imposed jail, house arrest, probation, and related conditions. The Second District Court of Appeals affirmed.