State v. Dominguez-Olivia

Summary

The Ohio Second District Court of Appeals affirmed Alan E. Dominguez-Olivia’s convictions for failure to comply with a police order or signal and assault on a peace officer. The court held that the convictions, including the substantial-risk specification, were not against the manifest weight of the evidence and rejected the argument that the assault resulted from involuntary conduct after the use of a taser.

Holdings

1. The jury's finding that Dominguez-Olivia's operation of the vehicle caused a substantial risk of serious physical harm to persons or property was not against the manifest weight of the evidence.
2. The assault conviction was not against the manifest weight of the evidence because the evidence supported a finding that Dominguez-Olivia voluntarily kicked at and struck Sergeant Hess.
3. The evidence supported the jury's finding that Dominguez-Olivia knowingly caused or attempted to cause physical harm to Sergeant Hess.

Questions Presented

1. Whether the jury's finding that Dominguez-Olivia's operation of his vehicle caused a substantial risk of serious physical harm to persons or property was against the manifest weight of the evidence.
2. Whether Dominguez-Olivia's conviction for assault on a peace officer was against the manifest weight of the evidence because his kicking was allegedly involuntary or caused by the taser.
3. Whether the evidence showed that Dominguez-Olivia knowingly caused or attempted to cause physical harm to Sergeant Hess.

Disposition

affirmed