State v. Malone

*245{¶ 1} In the early morning hours of April 9, 2006, appellee-defendant, Donald K. Malone III, made certain threats to Brittany Brown after she witnessed Malone’s rape of L.K., an adult female. The only issue that we address today is whether R.C. 2921.04(B), a witness-intimidation statute, applies to threats made before any police investigation or legal proceeding has commenced in a case. We hold that R.C. 2921.04(B) does not apply in such situations.

Factual and Procedural Background

{¶ 2} At the time of the rape, Malone was living with Brad and Brittany Brown in their apartment, as he did…