City of Cleveland v. Simpkins

Larry A. Jones, Judge.

{¶ 1} Plaintiff-appellant, city of Cleveland, appeals the trial court’s dismissal of its complaint against defendant-appellee, David Simpkins. For the reasons that follow, we reverse.

Procedural History

{¶ 2} In November 2009, the city charged Simpkins with one count of domestic violence in violation of R.C. 2919.25, alleging that he caused physical harm to his wife, Bernice Simpkins. In January 2010, the case was transferred to the mentally-disordered-offender docket. In May 2010, the case proceeded to a trial before the bench. After the defense rested its case, the trial…