Conneaut v. Keen
CourtOhio Court of Appeals
Date FiledNovember 9, 2026
Docket2026-A-0031. 2026-A-0032
JudgeS. Lynch
StatusPublished
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Full Opinion
[Cite as Conneaut v. Keen, 2026-Ohio-4434.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
ASHTABULA COUNTY
CITY OF CONNEAUT, CASE NOS. 2026-A-0031
2026-A-0032
Plaintiff-Appellee,
- vs - Criminal Appeals from the
Conneaut Municipal Court
SHAUN KEEN,
Defendant-Appellant. Trial Court Nos. 2021 CRB 00194
2021 CRB 00413
OPINION AND JUDGMENT ENTRY
Decided: November 9, 2026
Judgment: Affirmed
John D. Lewis, Law Director, City of Conneaut, 294 Main Street, Conneaut, OH 44030
(For Plaintiff-Appellee).
Margaret Brunarski, Ashtabula County Public Defender, and Phillip L. Heasley, Assistant
Public Defender, Ashtabula County Public Defender’s Office, 22 East Jefferson Street,
Jefferson, OH 44047 (For Defendant-Appellant).
SCOTT LYNCH, J.
{¶1} Defendant-appellant, Shaun Keen, appeals the sentences imposed by the
Conneaut Municipal Court for probation violations. Finding that the sentences imposed
were not vindictive or otherwise violative of due process, they are affirmed.
Substantive and Procedural History
{¶2} In Conneaut Municipal Court Case No. 21CRB00194, Keen pled guilty to
Assault and received a one hundred eighty day jail sentence with one hundred sixty-eight
days suspended and credit for twelve days served, and two years of supervised
community control. Three probation violation complaints were subsequently issued.
{¶3} In Conneaut Municipal Court Case No. 21CRB00413, Keen pled guilty to
Domestic Violence, receiving a one hundred eighty day jail sentence with one hundred
seventy days suspended and credit for eight days served, and two years of supervised
community control; and to Aggravated Menacing receiving a suspended one hundred
eighty day jail sentence and two years of supervised community control. Again, three
probation violation complaints were subsequently issued.
{¶4} On March 30, 2026, a preliminary revocation hearing was held. Probation
Officer Shaun Benoit testified that the violations arose from Keen’s failure, following his
release from the Conneaut City Jail on March 5, 2025, to maintain contact with the adult
probation department and to keep the department updated with his contact information.
Keen pled guilty to the violations.
{¶5} The following exchange occurred between Keen and the municipal court
prior to the imposition of sentence:
The Court: Okay. We will now proceed to sentencing, Mr.
Keen. Before I impose sentence, is there anything you would like to
say?
The Defendant: Yes, sir. I tried to get ahold of the Conneaut, ah,
department thing, but, ah, I was never able to get up with them, and
I’ve never been back in the -- in the City of Conneaut and I’ve been
staying out of trouble and been in Ashtabula this whole time. And, I
mean, if I could get my probation transferred to Ashtabula, it would
be one thing, but I just don’t -- never have a way to come to your city
and I can’t get never get out here. But I did try to contact them at
first.
The Court: Ah, what does at first mean?
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The Defendant: Like, when I first got out of prison [sic], when you
first released me, to take and get it switched to Ashtabula, and I was
never able to get up with this probation officer and so I just never
contacted him no more.
The Court: So, are you going to tell me how you tried to
contact the probation department?
The Defendant: Yeah. I tried to contact them through telephone.
The Court: Do you remember when exactly that happened?
The Defendant: No, not the exact date. But it was, like, the first
week that I got out, when I got out in -- I think it was in May I was
released from here.
The Court: May of 2025?
The Defendant: Yes, sir. ‘Cause I was in prison, remember? I
was in prison when this probation violation was issued and, ah,
‘cause I was in Conneaut prison. And then that’s when I was
arrested, when I was in your city, and then basically I was told to take
and make contact with this man right here. And I tried to contact him
when I went back to Ashtabula, and I could never get ahold of
nobody. And I knew then I had a warrant.
The Court: So, you tried to contact him one time?
The Defendant: Yeah, one time I’ve tried to contact him. I know
it’s not enough, sir. I already know. I’m not going to argue with that.
I understand that.
The Court: Okay. Are there any holders on him, officer?
Officer Benoit: No.
The Defendant: And I’ve been doing good. I’ve got a job now,
sir. I’m being a productive citizen, like you asked me to do, and I’ve
been staying out of trouble, out of the way.
The Court: Where -- where are you working?
The Defendant: For a little construction company, like, Eugene
Cottom’s Construction, or something like that.
The Court: Something like that?
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The Defendant: Yeah, it’s something like that. I don’t -- I just
know the man that I work for.
The Court: Okay. Is it, like, full-time, or what --
The Defendant: No, it’s part-time.
The Court: Where do you live? What’s your address?
The Defendant: 789 Center Street.
The Court: In Ashtabula?
The Defendant: Yes, sir.
The Court: And you’ve been living there ever since you got
released from jail?
The Defendant: Yes, sir.
The Court: Is there anything else you’d like to say, Mr.
Keen?
The Defendant: No, sir.
The Court: Okay. Officer Benoit.
Officer Benoit: Your Honor, I haven’t had any contact with Mr.
Keen. I’ve even left -- went down to the jail, got the phone number
that he had, called, left a voicemail on that phone number. I went to
his address, 387 Washington Street; no, ah, contact. Looked up his
address that he gave me at 1221 Division Place in Ashtabula; that’s
a fictitious address.
The Defendant: No, it’s not. That’s my grandma’s. That’s my
grandma’s address, 1221 Division.
Officer Benoit: And then, just as a brief history on him --
The Defendant: I never got no papers him or nothing [sic].
The Court: Mr. Keen -- Mr. Keen, let the officer finish.
The Defendant: Okay.
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The Court: Stop interrupting him.
The Defendant: I’m sorry.
The Court: Go ahead.
Officer Benoit: (Unintelligible) his file real quick, Your Honor.
October 20th, 2021, failure to reporting; December 25th, 2021,
failure to reporting; February 8th of 2022, he had a warrant issued
for failure to reporting; September 13th of 2022, failure to reporting;
September 20th of 2022, there was a warrant for failure to reporting;
and then on April 29th, 2025, one for once again failure to reporting
and keep Adult Probation updated.
The Court: Okay. Now -- thank you. Now, you wanted to
say something, Mr. Keen?
The Defendant: Yeah. That 1221 Division Place Street is my
grandmother’s address, and I never received no paperwork from
there or anything. That’s why I just never -- I never -- I just thought
as long as I wasn’t getting in trouble, everything was fine and dandy.
‘Cause like I said, I tried to call, contact him one time, but there was
no -- nobody ever get back to me. And the addresses in Conneaut
is where I was living at prior to, you know, when I got out of jail, and
so, I mean, there wouldn’t have been nobody there to contact me.
That’s why I gave the 1221 Division Street for my grandmother’s
address.
The Court: Mr. Keen, I mean, you act like I -- I was born
yesterday.
The Defendant: No. I’m not saying that, sir. That’s why I pled
guilty.
The Court: Shut up. Shut up. I want you to shut up and
listen to me. I’ve been doing this for 37 years. I mean, I -- you know,
you act like I -- shut up and you listen to me. The way you’re
explaining yourself, you act like -- like we have no clue what we’re
doing here, and -- and, you know, it’s -- it’s offensive. It’s offensive.
You have been in the system. You know what is required of you.
You know. Don’t act like you don’t know. You know you have to
report to Probation. You know you have to keep them advised of
your current address. It’s your responsibility. It’s not his
responsibility or any probation officer’s responsibility to find you and
hunt you down. It’s yours. This is your third Probation Violation
Complaint filed against you in these cases. Three strikes, you’re out.
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{¶6} The municipal court proceeded to order Keen unsuccessfully terminated
from supervised community control; ordered him to serve three hundred thirty-eight days
in jail with two days of credit in Case No. 21CRB00413 consecutively to one hundred
sixty-two days in jail with two days of credit in Case No. 21CRB00194.
Assignment of Error
{¶7} Although Keen asserts that the municipal court’s sentence should be
reviewed under a clear and convincing standard, that standard as well as the authorities
cited in support of its application apply to felony rather than misdemeanor sentencing. In
the context of misdemeanor sentencing, “[a]n appellate court reviews a trial court’s
imposition of community-control sanctions under an abuse-of-discretion standard.” State
v. Ballish, 2026-Ohio-503, ¶ 10; State v. Tackett, 2026-Ohio-3514, ¶ 9 (11th Dist.)
(“[m]isdemeanor sentencing lies within the discretion of the trial court and will not be
disturbed absent an abuse of discretion”) (citation omitted).
No Evidence of Vindictive Sentencing
{¶8} Keen asserts that “[t]he trial court’s comments at sentencing clearly and
convincingly display that the court engaged in vindictive sentencing against Shaun Keen.”
In particular, the court repeatedly told him to “shut up” while “he attempted to explain he
was taking accountability” and “explain himself further.” Brief of Defendant-Appellant at
8-10.
{¶9} We find no evidence of vindictiveness or any improper motivation. The
municipal court provided Keen with several opportunities to speak and address the
violations, both before and after Officer Benoit stated the basis thereof. By his own
admission, Keen acknowledged his efforts to contact the probation department were
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insufficient. Not once, but three times Keen was cited for violating this basic condition of
his community control. It is certainly not an abuse of discretion to characterize Keen’s
profession that everything was “fine and dandy” as long as he stayed out of trouble as
offensive. Finally, the order for Keen to “shut up” appears to merely reflect the court’s
desire to speak without interruption. Compare State v. Fromknecht, 2023-Ohio-4604, ¶
12 (11th Dist.) (“[w]e do not find the foregoing [foreclosure of the defendant from speaking
further] to be demonstrative of vindictiveness but, rather, the municipal court’s impatience
with Fromknecht’s interruption”).
{¶10} The sole assignment of error is without merit.
{¶11} For the foregoing reasons, the sentences imposed by the Conneaut
Municipal Court on Keen for probation violations are affirmed. Costs to be taxed against
the appellant.
EUGENE A. LUCCI, J.,
ROBERT J. PATTON, J.,
concur.
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Case Nos. 2026-A-0031, 2026-A-0032
JUDGMENT ENTRY
For the reasons stated in the Opinion of this court, the assignment of error is
without merit. The order of this court is that the judgment of the Conneaut Municipal Court
is affirmed.
Costs to be taxed against the appellant.
JUDGE SCOTT LYNCH
JUDGE EUGENE A. LUCCI,
concurs
JUDGE ROBERT J. PATTON,
concurs
THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY
A certified copy of this opinion and judgment entry shall constitute the mandate
pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.
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