Appeals court reverses decision regarding couple who allegedly tried to extort Clinton County sheriff
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The Twelfth District Court of Appeals has reversed a decision of the Clinton County Court of Common Pleas dismissing extortion charges against a Wilmington husband and wife who were alleged to have attempted to extort funds from the Clinton County Sheriff.
According to the court, in July 2009, Jennifer Gaines allegedly sent a certified letter to Clinton County Sheriff Ralph Fizer, Jr., accusing him of providing private information regarding citizens - including their 7-year-old daughter - to Larry Roberts, II, the owner of R&L Carriers. Jennifer and her husband William threatened to contact the U.S. Department of Justice and the media regarding the sheriff's activities if an agreement could not be reached.
The couple allegedly asked to be paid $30,000 to $40,000 and that their mortgage be paid off by Roberts, and a result the couple was charged with extortion. The couple filed a motion to dismiss the extortion charges which the trial court granted. The trial court found that the couple's conduct did not constitute extortion under Ohio law.
On appeal, the state argued the trial court erred in dismissing the extortion charges against Jennifer and William Gaines.
Writing an opinion for the court, Judge William W. Young reversed the trial court's decision. Judge Young stated that when looking at a pretrial motion to dismiss charges, a trial court cannot decide the general issue of the case. Such issue must be decided at trial.
Young found that the trial court erred in dismissing the charges against the couple because it improperly decided the general issue of the case, that is, whether the couple committed extortion under Ohio law. Presiding Judge Stephen W. Powell and Judge Robert A. Hendrickson concurred in the opinion.
The Twelfth District Court of Appeals reversed the trial court's decision and sent the case back to the trial court.
The Twelfth District Court of Appeals has reversed a decision of the Clinton County Court of Common Pleas dismissing extortion charges against a Wilmington husband and wife who were alleged to have attempted to extort funds from the Clinton County Sheriff.
According to the court, in July 2009, Jennifer Gaines allegedly sent a certified letter to Clinton County Sheriff Ralph Fizer, Jr., accusing him of providing private information regarding citizens - including their 7-year-old daughter - to Larry Roberts, II, the owner of R&L Carriers. Jennifer and her husband William threatened to contact the U.S. Department of Justice and the media regarding the sheriff's activities if an agreement could not be reached.
The couple allegedly asked to be paid $30,000 to $40,000 and that their mortgage be paid off by Roberts, and a result the couple was charged with extortion. The couple filed a motion to dismiss the extortion charges which the trial court granted. The trial court found that the couple's conduct did not constitute extortion under Ohio law.
On appeal, the state argued the trial court erred in dismissing the extortion charges against Jennifer and William Gaines.
Writing an opinion for the court, Judge William W. Young reversed the trial court's decision. Judge Young stated that when looking at a pretrial motion to dismiss charges, a trial court cannot decide the general issue of the case. Such issue must be decided at trial.
Young found that the trial court erred in dismissing the charges against the couple because it improperly decided the general issue of the case, that is, whether the couple committed extortion under Ohio law. Presiding Judge Stephen W. Powell and Judge Robert A. Hendrickson concurred in the opinion.
The Twelfth District Court of Appeals reversed the trial court's decision and sent the case back to the trial court.
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