Habeas denied – Assault with ninja swords and a gun barrel butt the the head.


SAMUEL WEAVER, Petitioner,
vs.
WARDEN, LEBANON CORRECTIONAL INSTITUTION, Respondent.

Case No. 1:11-cv-218

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO, WESTERN DIVISION

Decided October 5, 2012, opinion by Magistrate Judge J. Gregory Wehrman

Quoting from the Ohio Court of Appeals, Twelfth Appellate District summary of the facts:

{¶2} In April 2007, Michella Eldridge held a yard sale at her home in Hamilton, Ohio. Appellant came to the sale, and at trial, Eldridge testified that she remembered he had driven a white minivan with a steering wheel that had a cover with cherries on it. Eldridge also remembered that he arrived at her yard sale with a female and small child who remained in the vehicle. At the yard sale, appellant showed interest in a handgun that Eldridge’s husband was showing to his father. Although he did not purchase anything at that time, appellant returned later that day and bought a pair of “Ninja” swords.

{¶3} Approximately a week after the yard sale, appellant returned to Eldridge’s house in the white minivan and arrived just as she was cleaning up after another yard sale. Before leaving, appellant purchased a plant from Eldridge.

{¶4} On May 19, 2007, Eldridge was at home with her daughters when she heard the doorbell ring. She went to the back door and saw appellant. Appellant asked her whether she still had the gun he saw at the yard sale. When Eldridge told him she no longer had the gun, he asked her whether she had any other “firearms.” Eldridge explained that they had a “Tech 9,” but that she was not sure her husband wanted to sell it. Appellant then asked if he could see the gun and told her that he would get the money to purchase it.

{¶5} Eldridge told appellant to wait outside, and she pushed the back door almost completely closed. She then went through the house and retrieved the gun from a dresser. She placed the gun on her dining room table. She did not notice appellant was in the room until he reached across her and grabbed the weapon. As Eldridge pleaded with appellant to give the gun back to her, he struck her on the head with the butt of the gun.

{¶6} Appellant smiled after hitting Eldridge the first time and started for the back door, but Eldridge followed him. As she was asking for the gun, appellant’s arm went up to strike her a second time, and Eldridge hit him in the face. He then hit her in the head again with the butt of the gun. Eldridge testified that the blow “dazed” her and “kind of put [her] out.” Appellant then took off out the back door. Eldridge testified that she “shook it off” and chased after appellant.

{¶7} Eldridge caught appellant and grabbed his shirt. She testified that he exclaimed, “Let go of me you fucking bitch,” and he struck her in the head with the butt of the gun three more times. Eldridge was bleeding, and appellant fled. She called 9-1-1 and was taken to the hospital, where she received 28 stitches in her head for a wound deep enough to expose her skull.

The petition for writ of habeas corpus was denied with prejudice.

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