State v. Davis

{¶ 1} This appeal addresses when a person who has knowledge of a crime is a witness under R.C. 2921.04(B), which prohibits witness intimidation.

{¶ 2} The Second District Court of Appeals reversed the conviction of appellee, Tracy Davis, for violating R.C. 2921.04(B). Davis was indicted for witness intimidation based on a threat he made to his ex-wife after police began investigating the underlying crime but before any charges had been filed. Under these facts, the appellate court found that no “action or proceeding” existed at the time of the threat. Therefore, the victim of the threat was…