State v. Brown

{¶ 1} The parties do not dispute the underlying facts of this case. On April 10, 2001, Detective Gregory Gaier, while working undercover as a narcotics detective with the Dayton Police Department, was driving west in an unmarked car on Stewart Street when he noticed the defendant-appellee, Dali Jacques Brown, dressed in a bright yellow shirt, walking east on the sidewalk of Stewart Street. When Detective Gaier and appellee made eye contact, appellee began waving his arms, whistling, and yelling. Appellee then stepped three feet into the roadway, and Detective Gaier swerved to avoid hitting…