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7th District reverses police scuffle case
TRACEY BLAIR
Legal News Reporter
Published: January 5, 2021
A Smith Township patrolman was dispatched to the local post office to investigate a silver minivan that had been parked in the lot for several hours after closing time.
When the officer approached the driver’s side of the minivan, he discovered Donald Holladay sleeping in the front passenger seat and feared he might have suffered a drug overdose.
After he knocked on the window to rouse him, Holladay repeatedly shouted obscenities at Patrolman Chad Caughey. Then Holladay – who was not under arrest at the time - bumped the patrolman with the front end of the van in his haste to exit the parking lot.
Holladay was sentenced to nine years in prison after a jury trial.
The 7th District Court of Appeals recently found insufficient evidence to sustain Holladay’s felonious assault and resisting arrest convictions but affirmed his conviction for obstructing official business.
The appellate court also ordered Holladay be resentenced on his obstructing official business conviction.
The only witness who testified at trial regarding the Oct. 12, 2018, incident was Caughey.
The patrolman said after he asked Holladay if he was OK and to identify himself, he replied, “Go *** yourself.”
After Holladay allegedly began reaching down to the floorboard and climbed to the back seat of the minivan. Caughey testified he drew his weapon and took cover behind a mail truck.
Caughey said after he ordered Holladay to show his hands, the appellant “flipped him off” and told him to “**** off.” The officer called for backup.
Caughey testified he believed he had probable cause to arrest Holladay for disorderly conduct, because of his use of profane language and his failure to comply with orders. However, he conceded Holladay was not under arrest. Caughey explained he was attempting to detain him because Smith Township patrolmen are required to document any contact with a member of the public and he needed appellant’s name and address “for report purposes.”
The officer said Holladay then climbed back to the front driver's side seat and started the engine. Caughey said he ordered him to turn off the engine and exit the vehicle, but Holladay continued to verbally harass him before shifting his van into reverse and slamming on the gas.
Caughey was not injured after being struck by the front end of the minivan. He conceded on cross-examination that Holladay “was not coming after” him but trying to leave.
Caughey said he then struck the driver’s side window with his baton and pointed the gun at Holladay after he slammed on the brakes.
Two officers reportedly struggled to remove Holladay from the minivan and deployed pepper spray to subdue him.
Holladay forced his way out of the minivan and fled on foot before being tackled to the ground. Caughey sprained his wrist during the scuffle.
In both its opening and closing arguments, the state argued Holladay turned the steering wheel before depressing the gas pedal, and swung the front end of the minivan into Caughey. However, Caughey did not offer that testimony at trial.
At the conclusion of the state’s case, defense counsel moved for a dismissal of all of the charges.
On appeal, Holladay argued the state failed to prove he acted knowingly when he hit the officer with the van. The appellate panel agreed in a 3-0 opinion written by Judge David A. D’Apolito.
“Patrolman Caughey testified that appellant’s purpose was to leave the scene, not to strike Patrolman Caughey with the minivan,” D’Apolito wrote. “Further, there is no evidence in the record to establish that appellant knew that he would probably strike Patrolman Caughey with the front end of the minivan when he put it in gear and depressed the gas pedal and that they failed to prove he used a ‘deadly weapon’ when resisting arrest.”
In addition, although the police report quoted the officer as saying, “[Appellant] then put the vehicle in reverse and slammed on the gas causing the vehicle to spin the tires in the gravel, and turned the vehicle into me,” the trial court refused to admit the report into evidence, the panel noted.
Appellate judges Gene Donofrio and Carol Ann Robb concurred. The case is cited State v. Holladay, 2020-Ohio-5459.