State v. Marsh

Joseph E. Mahoney, Judge.

On Friday, May 26, 1989, appellant, Rusten Marsh, took his family to the Mogadore Reservoir campground for their traditional Memorial Day weekend camping trip/family reunion. Appellant’s group occupied three contiguous campsites.

During the course of the evening, it became apparent that a group of campers across the road from appellant’s group was becoming increasingly intoxicated. They were loud and using profane language. At approximately 1:43 a.m., appellant flagged down a sheriffs patrol car to request assistance in handling the situation. The deputy left but…