State v. Kroner
CourtOhio Court of Appeals
Date FiledSeptember 29, 2026
Docket26 MA 0025
JudgeDickey
StatusPublished
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Full Opinion
[Cite as State v. Kroner, 2026-Ohio-3821.]
IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT
MAHONING COUNTY
STATE OF OHIO,
Plaintiff-Appellee,
v.
CRAIG RYAN KRONER,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Case No. 26 MA 0025
Criminal Appeal from the
Court of Common Pleas of Mahoning County, Ohio
Case No. 2024 CR 00498
BEFORE:
Katelyn Dickey, Cheryl L. Waite, Carol Ann Robb, Judges.
JUDGMENT:
Affirmed.
Atty. Lynn Maro, Mahoning County Prosecutor, Atty. Kristie M. Weibling and Atty. Brian
P. Kish, Assistant Prosecuting Attorneys, for Plaintiff-Appellee and
Atty. Brian A. Smith, Brian A. Smith Law Firm, LLC, for Defendant-Appellant.
Dated: September 29, 2026
–2–
DICKEY, J.
{¶1} Appellant, Craig Ryan Kroner, appeals his convictions for tampering with
evidence, aggravated possession of drugs, obstructing official business, resisting arrest,
and illegal use or possession of drug paraphernalia in the Mahoning County Court of
Common Pleas following a trial to the bench. In his sole assignment of error, Appellant
argues each of his five convictions are against the manifest weight of the evidence.
Finding no reversible error, we affirm Appellant’s convictions.
FACTS AND PROCEDURAL HISTORY
{¶2} On August 15, 2024, Appellant was indicted for one count of tampering with
evidence in violation of R.C. 2921.12 (A)(1), (B), a felony of the third degree; one count
of aggravated possession of drugs in violation of R.C. 2925.11 (A), (C)(1)(a), a felony of
the fifth degree; one count of obstructing official business in violation of R.C. 2921.31(A),
(B), a felony of the fifth degree; one count of resisting arrest in violation of R.C.
2921.33(A), (D), a misdemeanor of the second degree; and one count of illegal use or
possession of drug paraphernalia in violation of R.C. 2925.14(C)(1), (F)(1), a
misdemeanor of the fourth degree.
{¶3} Appellant entered pleas of not guilty to each of the charges on
September 4, 2024 and waived his right to a speedy trial on September 9, 2024. On
November 25, 2025, Appellant waived his right to a jury trial and elected to try his case
to the bench.
{¶4} At the bench trial on November 25, 2025, the state offered the testimony of
Trooper Alec Kalis, a four-year veteran of the Ohio State Highway Patrol (“OSHP”), and
Trooper Sean Sekola, a seven-year veteran of OSHP. Appellant testified on his own
behalf. Trooper Kalis’s dashboard camera footage and an OSHP laboratory report were
admitted into evidence.
{¶5} On April 20, 2024, at roughly 2:00 a.m., Trooper Kalis was driving
northbound on State Route 11 in Austintown Township when he saw a 2009 Dodge
Caliber unable to maintain its lane. Trooper Kalis initiated a stop for a marked-lanes
violation. The dashboard camera on Trooper Kalis’s patrol car captured the entire
encounter with very limited audio.
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{¶6} Trooper Kalis observed Appellant, the driver and the sole occupant of the
vehicle, was animated and sweaty, with bloodshot glassy eyes. Appellant “would not stop
looking around,” which Trooper Kalis characterized as “unusual behavior.” (11/25/25 Trial
Tr., p. 14). When Trooper Kalis approached the driver’s side of the automobile, the
windshield wipers were running even though it was not raining.
{¶7} Based on Trooper Kalis’s training, he recognized the foregoing
circumstances as indicators of possible impairment, so he asked Appellant to exit the
automobile in order to undergo a series of field sobriety tests. Trooper Sekola, who
responded to Trooper Kalis’s subsequent request for backup, sat with Appellant in the
patrol car after his arrest. Trooper Sekola likewise testified Appellant was animated,
sweating profusely, and had pinpoint pupils and glassy eyes.
{¶8} Trooper Kalis conceded Appellant was initially cooperative and followed
Trooper Kalis’s directives, that is, Appellant exited the automobile and walked to the front
of the patrol car. However, Trooper Kalis testified Appellant was “looking over [Trooper
Kalis’s] shoulder for purposes [Trooper Kalis did] not know why [sic].” Trooper Kalis
further testified Appellant’s behavior was “unusual” and something Trooper Kalis did not
encounter in other traffic stops. (Id. at p. 39).
{¶9} Trooper Kalis performed a pat-down search of Appellant in front of the patrol
car, and felt hard objects in each of Appellant’s jacket pockets. Appellant explained they
were pocket knives, which he used when installing drywall.
{¶10} Appellant removed one pocket knife from his right jacket pocket with his
right hand and Trooper Kalis retrieved it from Appellant’s hand without incident. Next,
Appellant removed three items from his left pocket, that is, two knives and a third item,
partially obscured under the two additional pocket knives, which Kalis observed to be a
clear plastic bag of white powder. All three items were in Appellant’s left hand when he
emptied the contents of his left jacket pocket.
{¶11} Trooper Kalis explained his first priority was retrieving the two pocket knives
from Appellant’s hand as they constituted a threat to his safety. However, he immediately
identified the clear plastic bag of white powder to be illegal drugs. Trooper Kalis testified:
I quickly, and I was hoping nonchalantly, went to the retrieve the two knives
first because for officer safety that’s the most important part for me is to
Case No. 26 MA 0025
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retrieve his knives first. And I was intending to quickly -- to be able to retrieve
that item from his hand. At that point, he quickly placed it into his mouth.
Because I immediately identified it based on my training and experiences
as -- of illegal narcotics, that's why I effectuated the -- or attempted to effect
the arrest.
(Id. at p. 43-44).
{¶12} Immediately after Trooper Kalis retrieved the two pocket knives from
Appellant’s hand, Appellant, with an uninterrupted sweeping motion, shoved the third item
in his mouth and ingested it. After Appellant shoved the third item in his mouth, Trooper
Kalis attempted to firmly grasp Appellant’s left hand and handcuff him, but Appellant
pulled his left arm out of Trooper Kalis’s reach. Trooper Kalis, who was behind Appellant,
took hold of both of Appellant’s arms but Appellant did not capitulate.
{¶13} As a consequence, Trooper Kalis wrestled Appellant to the ground and
placed him in handcuffs. In the midst of the struggle (dashboard camera footage 2:00:54
a.m. to 2:01:57 a.m.), Trooper Kalis enlisted his Bluetooth-enabled police radio to request
backup. Both men nearly fall onto the highway as Appellant resists Trooper Kalis’s efforts
to place Appellant in handcuffs. While on the ground, Trooper Kalis and Appellant are
obscured from the view of motorists by the patrol car.
{¶14} Trooper Kalis conceded he did not ask Appellant to identify the third item
after Appellant shoved it in his mouth. According to Trooper Kalis, he did not explain to
Appellant the reason that he was being wrestled to the ground, because Appellant
swallowed a clear plastic bag of white powder that Trooper Kalis believed to contain illegal
drugs. Although virtually no audio is discernable on the dashboard camera footage, but
for police radio calls, Appellant can be heard asking, “What are you doing?” as Trooper
Kalis wrestles him to the ground.
{¶15} According to Trooper Kalis, he struggled to secure Appellant for roughly one
minute. Trooper Kalis explained a traffic stop on Route 11 involves some degree of
danger given the 65-mile-per-hour speed limit. He further explained the physical
altercation on Route 11 was especially dangerous given the late hour and the potential
that the struggle could have spilled out onto the highway. He added, “[i]n this area, in
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particular, there's the split to go 80 westbound or 680 southbound, as well as continue on
11, which turns into 80 also. And so it's an area where there’s a lot of accidents.” (Trial
Tr., p. 28).
{¶16} The subsequent search of Appellant’s inside jacket pocket yielded a clear
plastic bag containing a crystalline substance. The subsequent search of Appellant’s
vehicle yielded the barrel of a pen with the ink reservoir, tip, and end cap missing, and
bearing a white residue. Trooper Kalis, who had performed over one hundred previous
drug arrests, explained a hollowed pen barrel with white residue indicates use of the
seemingly-innocuous item for drug inhalation. The search of the automobile also yielded
a white rock in the passenger compartment.
{¶17} The seized items were packaged and sent to the OSHP laboratory in
Columbus for testing. The laboratory report admitted into evidence identified the
crystalline substance to be 1.3881 grams of Methamphetamine, a Schedule II controlled
substance. The hollowed pen barrel was not tested. The white rock was tested and no
controlled substance was detected. The third item, which Appellant ingested, was never
recovered.
{¶18} An ambulance was dispatched to transport Appellant to the hospital for
medical testing. According to Trooper Kalis, medical attention was necessary due to
Appellant’s ingestion of the third item, which Trooper Kalis believed to be illegal drugs.
According to Appellant, he underwent testing for both suspected ingestion of drugs and
a possible concussion, as his head was bleeding as a consequence of being wrestled to
the ground.
{¶19} While in the rear of the ambulance, Trooper Kalis testified Appellant had
burn marks on his lips. Trooper Kalis explained:
Removing the top part of a pen to make it a hollow item such as a – a straw
like. And then with white residue, that indicates that something was being
inhaled through it that track the residue to the inside of a pen or the inside
a hollow object.
(Id. at p. 24).
Case No. 26 MA 0025
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{¶20} Appellant testified he was the subject of a traffic stop on Route 11 on
April 20, 2024. He explained he has manual windows and was fidgeting looking for the
hand crank to lower the window for Trooper Kalis when Appellant accidentally activated
the windshield wipers.
{¶21} Appellant admitted ingesting the third item but identified it as a “Frootie.”
Frooties are individually-wrapped fruit-flavored chews. Appellant further admitted he
ingested the Frootie with no intention of providing it to law enforcement at a later time.
{¶22} Appellant confessed an affinity for Frooties, particularly the sour-cherry and
grape flavored varieties. More specifically, he testified, “I just had [Frooties] everywhere.
It just -- my pockets are usually filled with wrappers.” (Id. at p. 64).
{¶23} Appellant testified Trooper Kalis wrestled him to the ground without
explanation. As a consequence, Appellant had no understanding of why he was being
taken down. Appellant did not think putting something in his mouth and ingesting it during
a traffic stop would alarm a law enforcement officer. Appellant denied resisting Trooper
Kalis’s effort to place Appellant in handcuffs.
{¶24} Appellant conceded there is a significant difference in appearance in a clear
plastic bag of white powder and a Frootie, although he noted the inside of Frootie
wrappers are white. Appellant further conceded when he put the third item in his mouth
he intended to ingest it, and had no intention of making it available later (e.g., regurgitating
for inspection). Trooper Sekola testified he asked Appellant while they sat in the patrol
car after his arrest to identify the third item. According to Trooper Sekola’s testimony,
Appellant responded it was “some type of candy.” (Id. at p. 50).
{¶25} At the conclusion of Appellant’s direct-examination, he was asked “as a
result of the examinations that occurred at the hospital did you have -- was it found that
you had any narcotic or contraband on you.” (Emphasis added). Appellant responded,
“no.” (Id. at p. 60).
{¶26} The following exchange occurred on cross-examination:
Prosecutor: I'm going to start where we finished there. The scans
and stuff at the hospital that you say found nothing on
you?
Case No. 26 MA 0025
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Appellant: Correct.
Prosecutor: Do you have any record of that?
Appellant: Yes, sir.
Prosecutor: Where is it?
Appellant: Right there (indicating).
Defense counsel: Okay. Do you have it?
Appellant: There’s 140 pages from the --
Prosecutor: I don’t have anything.
(WHEREUPON, the court reporter interrupted the proceedings.)
Defense counsel: Do you have anything that he did?
Prosecutor: No.
Defense counsel: No? Okay.
Prosecutor: All right. I'll move on.
Appellant: These are my records from Mercy Health.
(Emphasis added). (Id. at p. 61). The records from Mercy Health were not offered into
evidence.
{¶27} After closing arguments, the trial court found Appellant guilty on all five
counts. At a sentencing hearing conducted on January 23, 2026, the trial court imposed
the following sentences: a prison term of twenty-four months on the tampering with
evidence conviction; a prison term of twelve months on the aggravated possession of
drugs conviction; a prison term of twelve months on the obstructing official business
conviction; a jail term of ninety days on the resisting arrest conviction; and a jail term of
Case No. 26 MA 0025
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thirty days for the illegal use or possession of drug paraphernalia conviction, all sentences
to be served concurrently, for an aggregate prison term of twenty-four months.
{¶28} This timely appeal followed.
ASSIGNMENT OF ERROR
APPELLANT’S CONVICTIONS WERE AGAINST THE MANIFEST
WEIGHT OF THE EVIDENCE.
In determining whether a criminal conviction is against the manifest
weight of the evidence, an [a]ppellate court must review the entire record,
weigh the evidence and all reasonable inferences, consider the credibility
of witnesses, and determine whether, in resolving conflicts in the evidence,
the trier of fact clearly lost its way and created such a manifest miscarriage
of justice that the conviction must be reversed. State v. Thompkins, 78 Ohio
St.3d 380, 387, 678 N.E.2d 541 (1997); State v. Hunter, 131 Ohio St.3d 67,
2011-Ohio-6524, 960 N.E.2d 955, ¶ 119. . . .
The weight to be given to the evidence and the credibility of the
witnesses are nonetheless issues for the trier of fact. State v. DeHass, 10
Ohio St.2d 230, 227 N.E.2d 212 (1967). The trier of fact “has the best
opportunity to view the demeanor, attitude, and credibility of each witness,
something that does not translate well on the written page.” Davis v.
Flickinger, 77 Ohio St.3d 415, 418, 674 N.E.2d 1159 (1997).
State v. Smith, 2026-Ohio-359, ¶ 57 (7th Dist.), appeal not allowed, 2026-Ohio-2109,
quoting State v. T.D.J., 2018-Ohio-2766, ¶ 47-48 (7th Dist.).
{¶29} Appellant contends his tampering with evidence conviction is against the
manifest weight of the evidence because: (1) the trial court should not have credited
Trooper Kalis’s identification of the third item as illegal drugs, because of the limited time
Trooper Kalis had to identify the third item before Appellant shoved it in his mouth; (2) the
third item was never recovered despite the state’s ability to get a search warrant for the
contents of Appellant’s stomach; and (3) the third item was candy based on the fact that
Case No. 26 MA 0025
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there was a visible bulge in Appellant’s cheek and he was chewing as Trooper Kalis
wrestled to place Appellant in handcuffs.
{¶30} R.C. 2921.12(A)(1) reads, “[n]o person, knowing that an official proceeding
or investigation is in progress, or is about to be or likely to be instituted, shall do any of
the following: (1) Alter, destroy, conceal, or remove any record, document, or thing, with
purpose to impair its value or availability as evidence in such proceeding or investigation.”
{¶31} Based on the statutory language, we find the state was not required to prove
the third item was illegal drugs, only potential evidence. In State v. Dell, 2000 WL
1051844 (12th Dist. July 31, 2000), the state alleged Dell ingested crack cocaine during
a traffic stop. The alleged crack cocaine was hidden under Dell’s tongue until he was
ordered to open his mouth and raise his tongue, at which time he swallowed it. The
Twelfth District opined:
Appellant’s argument focuses on the evidence he introduced
showing that he suffered no ill effects from ingesting the object Officer
Rawlins saw beneath his tongue, thus contradicting the state’s theory that
the object he swallowed was cocaine. However, this argument misses the
point. Regardless of whether or not the object appellant swallowed was
cocaine, the state introduced evidence from which the jury could reasonably
find all of the crime's elements.
After executing the traffic stop, police officers stood questioning
appellant about his expired driver’s license and the outstanding arrest
warrant. Appellant knew that an official proceeding or investigation was
underway. Appellant’s action in swallowing the object under his tongue was
an act that altered, destroyed, and concealed a thing, thus impairing its
availability for use as evidence. The tampering statute does not require that
the thing tampered with be cocaine or any other illegal substance or thing,
only that it be potential “evidence.” Thus, whether or not the object appellant
destroyed was cocaine is immaterial to his conviction of tampering with
evidence.
Id. at *5.
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{¶32} Assuming arguendo that the state was required to show the thing that was
altered, destroyed, or concealed was evidence of a crime, the trial court could have
concluded the third item was illegal drugs based on Trooper Kalis’s testimony. Appellant
contends there was a visible “bulge” in his cheek on the dashboard camera footage, and
he is chewing. He argues an inference can be drawn from the foregoing facts that the
third item was candy. However, neither fact is established by the dashboard camera
footage. Even if the facts were discernable from the dashboard camera video, they are
subject to many inferences, including inferences that support Trooper Kalis’s testimony.
{¶33} Finally, we decline to fashion a rule that the item at issue must be recovered,
through a search warrant or by other means, to survive a challenge based on the manifest
weight of the evidence. The Fourth District has reasoned:
Although there are cases that reference defendants having the contents of
their stomach pumped, and although Appellant argues the State never
introduced medical records regarding what happened once he arrived at the
hospital, it seems an onerous burden to require action by the State in order
to be able to establish that tampering with evidence took place.
State v. Greeno, 2021-Ohio-1372, ¶ 30 (4th Dist.). The Eighth District has likewise opined
that recovery of the evidence is not necessary to sustain a tampering with evidence
conviction. State v. Caute, 2009-Ohio-5222, ¶ 74 (8th Dist.).
{¶34} Based on the foregoing analysis, we find the manifest weight of the
evidence supports the conclusion that Appellant ingested a thing with the purpose to
impair its value or availability as evidence in Trooper Kalis’s investigation. Accordingly,
we find the trial court did not lose its way in convicting Appellant of one count of tampering
with evidence.
{¶35} R.C. 2921.31(A) reads in relevant part: “[n]o person, without privilege to do
so and with purpose to prevent, obstruct, or delay the performance by a public official of
any authorized act within the public official's official capacity, shall do any act that
hampers or impedes a public official in the performance of the public official’s lawful
duties.” If a violation of the foregoing section creates a risk of physical harm to any
person, obstruction of official business is a felony of the fifth degree.
Case No. 26 MA 0025
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{¶36} The term “physical harm” means “any injury, illness, or other physiological
impairment, regardless of its gravity or duration.” R.C. 2901.01(A)(3). The term “risk”
means “a significant possibility, as contrasted with a remote possibility, that a certain
result may occur or that certain circumstances may exist.” R.C. 2901.01(A)(7). Appellant
contends there was no risk of physical harm on an empty highway.
{¶37} Upon seeing Appellant shove the third item into his mouth, Trooper Kalis
attempted to retrieve Appellant's left hand and place him into handcuffs. However,
Appellant pulled away and Trooper Kalis took Appellant to the ground in order to secure
Appellant’s hands. Although Appellant denied pulling away from Trooper Kalis, the body
camera footage belies Appellant’s testimony. Of equal import, the struggle on the ground
lasted approximately one minute. Appellant delayed Trooper Kalis’s authorized act and
hampered it by pulling away from him and actively attempting to avoid being handcuffed
while Trooper Kalis was performing his lawful duties.
{¶38} “Courts have determined that a defendant's attempt to flee that leads to a
brief scuffle or wrestling with police is sufficient to hamper or impede the officer’s
performance of his lawful duties.” State v. Pineda, 2021-Ohio-1540, ¶ 106 (11th Dist.),
citing State v. Gordon, 2017-Ohio-7147, ¶ 22 (9th Dist.). The Eleventh and Ninth Districts
have likewise found a risk of physical harm can be established when an officer must
restrain a suspect. Pineda at ¶ 113; Gordon at ¶ 22. Even assuming there was no traffic
on Route 11 at the time of the struggle, there is a risk of physical injury whenever a
suspect must be taken to the ground and obscured from the view of oncoming traffic.
Consequently, we find the trial court did not lose its way in convicting Appellant of one
count of felony obstruction of official business.
{¶39} Next, Appellant argues his convictions for aggravated possession of drugs
and illegal use or possession of drug paraphernalia are not supported by the manifest
weight of the evidence because the state failed to offer evidence of actual or constructive
possession.
The possession of drugs can be actual or constructive. State v.
Carter, 7th Dist. Jefferson No. 97-JE-24, 2000 WL 748140, *4 (May 30,
2000). A person’s mere presence near an area where drugs are located
does not establish that he constructively possessed those drugs. State v.
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Fry, 4th Dist. Jackson No. 03CA26, 2004-Ohio-5747, 2004 WL 2428439, ¶
40. “ ‘It must also be shown that the person was conscious of the presence
of the object.’ ” State v. Vaughn, 7th Dist. Mahoning, 2022-Ohio-3615, 197
N.E.3d 644, ¶ 21, quoting State v. Hankerson, 70 Ohio St.2d 87, 91, 434
N.E.2d 1362 (1982).
But a defendant's proximity to the drugs may constitute some
evidence of constructive possession. Id. In addition, a defendant's
conviction for drug possession can be based upon circumstantial evidence
of possession. State v. DeSarro, 7th Dist. Columbiana No. 13 CO 39, 2015-
Ohio-5470, 2015 WL 9594330, ¶ 41.
State v. Smith, 2025-Ohio-4578, ¶ 24 (7th Dist.), quoting State v. Orrell, 2024-Ohio-1194,
¶ 42-43 (7th Dist.).
{¶40} R.C. 2925.11 (A) reads, “[n]o person shall knowingly obtain, possess, or
use a controlled substance or a controlled substance analog.” Appellant contends the
state failed to show he possessed the white rock found in the passenger side of his
automobile. However, his drug possession conviction is predicated on the clear plastic
bag containing 1.3881 grams of Methamphetamine, a Schedule II controlled substance,
which was found in his inside jacket pocket. Consequently, we find the manifest weight
of the evidence supports Appellant’s conviction for aggravated possession of drugs.
{¶41} R.C. 2925.14(C)(1) reads in relevant part, “[n]o person shall knowingly use,
or possess with purpose to use, drug paraphernalia.” Appellant correctly argues Trooper
Kalis did not identify the specific location in Appellant’s automobile where the pen barrel
was found. However, Trooper Kalis’s testimony connected the pen barrel to use by
Appellant based on the burn marks on Appellant’s lips. Further, Appellant did not deny
he possessed or used the pen barrel during his testimony. Accordingly, we find the
manifest weight of the evidence supports Appellant’s convictions for use or possession
with purpose to use drug paraphernalia.
{¶42} Finally, R.C. 2921.33(A) reads “[n]o person, recklessly or by force, shall
resist or interfere with a lawful arrest of the person or another.” “An arrest occurs when
the following four requisite elements are involved: (1) [a]n intent to arrest, (2) under a real
Case No. 26 MA 0025
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or pretended authority, (3) accompanied by an actual or constructive seizure or detention
of the person, and (4) which is so understood by the person arrested.” (Internal citations
omitted). State v. Darrah, 64 Ohio St.2d 22, 26 (1980).
{¶43} A “lawful arrest” is an essential element of the crime. State v. Collins, 1999
WL 182505, *3 (7th Dist. Mar. 31, 1999). However, the state need not prove the
defendant was in fact guilty of the offense for which the arrest was made to uphold a
conviction for resisting arrest. Id. The state need only demonstrate a reasonable basis
for the arrest. The “reasonable basis” test considers whether a reasonable police officer
under similar circumstances would have concluded that the defendant committed a crime
suitable for arrest. Id.
{¶44} Appellant argues his arrest was unlawful because there was no reasonable
basis for his arrest. However, Appellant concedes the lawfulness of the arrest turns on
Trooper Kalis’s identification of the third item as illegal drugs. Based on the limited time
Trooper Kalis had to identify the third item, Appellant argues the arrest was unlawful. As
previously stated, the trial court appears to have credited Trooper Kalis’s testimony
regarding the identification of the third item as illegal drugs. There is evidence in the
record to support the trial court’s conclusion, that is, Trooper Kalis’s training and
experience.
{¶45} Further, in State v. Zachery, 2021-Ohio-2176, ¶ 69 (11th Dist.), Zachery
argued he could not be convicted of resisting arrest because he was not under arrest at
the time he struggled with the officers. The Eleventh District explained while an element
of the offense is that the arrest be lawful, “ ‘[t]he arresting officer must only have probable
cause to believe that the defendant’s conduct, for which the arrest is being made,
amounted to an offense.’ ” Id. at ¶ 70, quoting State v. Wooden, 2004-Ohio-5514, ¶ 32
(11th Dist.).
{¶46} In In re M.H., 2021-Ohio-1041 (1st Dist.), the First District held evidence of
officers’ attempts to physically restrain a detainee, along with the detainee’s protestations
against her arrest, were sufficient to support a finding that the detainee knew she was
under arrest. Id. at ¶ 32-33. In that case, the detainee had “pulled away” from an officer
who had “grabbed [her] wrist,” at which point the officer took her to the ground, subdued
her with the officer's bodyweight, and attempted to place her in handcuffs. Id. at ¶ 30.
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Although the arrestee was never told that she was under arrest, the First District held the
officers’ actions in grabbing and subduing her constituted “a course of conduct for which
an arrest was the obvious and inevitable outcome.” Id. at ¶ 32.
{¶47} Here, Trooper Kalis attempted to effectuate an arrest immediately after
Appellant ingested the third item. Trooper Kalis testified he observed the clear plastic bag
of white powder in Appellant's left hand along with two pocket knives. Based on concern
for his own safety, Trooper Kalis removed the knives from Appellant's hand and secured
them. Appellant’s ingestion of the third item provided Trooper Kalis with a reasonable
basis to arrest Appellant for tampering with evidence, given Trooper Kalis’s belief that the
third item was illegal narcotics. Trooper Kalis testified that he “immediately identified it
based on [his] training and experiences as -- of illegal narcotics, that's why [he]
effectuated the -- or attempted to effect the arrest.” (Trial Tr., p. 43-44). Therefore, we
find the trial court did not lose its way in convicting Appellant of one count of resisting
arrest.
CONCLUSION
{¶48} For the foregoing reasons, Appellant’s convictions are affirmed.
Waite, P.J., concurs.
Robb, J., concurs.
Case No. 26 MA 0025
[Cite as State v. Kroner, 2026-Ohio-3821.]
For the reasons stated in the Opinion rendered herein, the assignment of error
is overruled and it is the final judgment and order of this Court that the judgment of the
Court of Common Pleas of Mahoning County, Ohio, is affirmed. Costs to be waived.
A certified copy of this opinion and judgment entry shall constitute the mandate
in this case pursuant to Rule 27 of the Rules of Appellate Procedure. It is ordered that
a certified copy be sent by the clerk to the trial court to carry this judgment into
execution.
NOTICE TO COUNSEL
This document constitutes a final judgment entry.