Youngstown Daily Legal News

Appeals court affirms conviction for man who held loaded gun out truck window

JESSICA SHAMBAUGH
Special to the Legal News
Published: November 1, 2013

The 10th District Court of Appeals recently affirmed the conviction of a man who held a loaded handgun out his truck window during a traffic stop.

Dewayne Ashley appealed his conviction of improper handling of weapons in a motor vehicle and argued that the Franklin County Court of Common Pleas’ judgment was against the manifest weight and sufficiency of the evidence.

The statement of facts set forth by Ashley and accepted by the state explains that his case started with a traffic stop on June 4, 2012.

Columbus police officer Joshua Wagner initiated the stop after noticing a truck with an expired registration sticker.

Ashley stopped his truck near the intersection of Nationwide Boulevard and Front Street and Wagner was able to confirm that the registration was expired.

As Wagner walked toward the truck from his cruiser he testified that he saw a dark colored pistol pointed at him from the driver’s side window.

Wagner put out an officer in distress signal and drew his weapon.

He said he was preparing to shoot when he heard Ashley shouting that he had a concealed carry permit.

Wager was then able to grab the gun from Ashley and place him under arrest.

Ashley explained to a detective that “he did not want to be fumbling around for his pistol as the officer approached and therefore, for his own safety, and the safety of his passenger, he held the pistol out of the window of the truck and loudly announced his status as a concealed carry permit holder,” according to the facts of the case.

At trial, Ashley testified that he had been holding the gun in his lap and covering it with his hand while he was driving.

He stated that his hand remained on the weapon “the whole time,” including during the traffic stop.

“I had the weapon on my person in my hands the whole time before he pulled me over, during, and then when he came, I gave it to him, period,” he testified.

He further stated that he held the weapon by the butt of the gun and pointed it toward the ground in an effort to be responsible.

Wagner testified that the barrel of the gun was pointing at him, that the gun was loaded, and that he did not see Ashley’s finger on the trigger. Testing revealed that the gun was operable.

The trial court found Ashley guilty of improper handling of a weapon in a motor vehicle and sentenced him to two years of community control.

On appeal to the 10th District, Ashley challenged the evidence and said that because he was touching the handgun prior to Wagner’s approach he was not in violation of the law.

The governing section of the Ohio Revised Code states that an individual with a concealed handgun license who is in a vehicle at the time of a traffic stop may not “knowingly have contact with the loaded handgun by touching it with the person’s hands or fingers in the motor vehicle at any time after the law enforcement officer begins approaching and before the law enforcement office leaves.”

“In this case, the evidence is undisputed that appellant was the holder of a concealed carry permit at the time of the charged offense. Additionally, appellant’s own testimony establishes that, as Officer Wager approached the vehicle, appellant knowingly had contact with the firearm inside the motor vehicle,” Judge Lisa Sadler wrote for the court.

With regard to Ashley’s claim that he was touching the gun before Wagner’s approach, the judges found that the statute failed to allow for such an exception.

They ruled that the statute prohibits any contact with a loaded weapon during the interaction with a police officer.

The three-judge panel further concluded that despite Ashley’s alleged good intentions, the language of Ohio law precluded him from holding the loaded gun out the window.

“Thus, appellant’s reason for touching the loaded handgun during the officer’s approach and thereafter extending it out of the driver’s side window is irrelevant,” Judge Sadler stated.

Finding little to no conflicting evidence that Ashley knowingly contacted his gun during the interaction with Wagner, the judges rejected his assignment of error and affirmed his conviction.

Judge Susan Brown and retired Judge Thomas Bryant joined Judge Sadler to form the majority.

The case is cited State v. Ashley, 2013-Ohio-4715.

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