A defendant previously convicted in a jury trial of assaulting a police officer had his conviction overturned Wednesday, Nov. 6, upon appeal to the Logan County Common Pleas Court.
Marcus Cobb, 42, of Bellefontaine, was acquitted on two counts of assaulting a police officer, and two counts of obstructing official business, both fifth-degree felonies.
Judge Kevin Braig agreed with a defense motion to acquit and release the defendant, ruling that officers of the Bellefontaine Police Department “rag-dolled” him and were unlawfully aggressive and confrontational with him during a Dec. 30, 2023 traffic stop. The judge compared the officer’s actions and approach during that traffic stop to a “police state.”
The stop was initiated when officers observed Cobb as a passenger in a SUV in the area of north Madriver Street. Officers were aware that Cobb had an arrest warrant from the Logan County Sheriff’s Office for failure to appear.
When instructed to exit the vehicle, Cobb refused multiple times and Judge Braig noted that Cobb asked the officer five different times why they wanted him to get out of the vehicle and two times if the officer had a warrant.
Officers attempted to forcibly remove him from the vehicle and a struggle ensued.
Cobb punched one officer twice in the face and reportedly bit another. In response, officers deployed a Taser, subduing him after a second discharge. Judge Braig ultimately found there was insufficient evidence for a rational juror to find Cobb bit the officer.
Cobb was taken to Mary Rutan Hospital. He was treated for injuries sustained during the incident and later transported to the Logan County Jail.
Judge Braig’s decision found that officers failed to inform Cobb about the warrant they were executing, which the judge said could have de-escalated the situation. Cobb repeatedly asked the officers about the warrant, but they “snubbed him,” the judge said.
Instead, they pulled him from the vehicle without explanation and used force against him. The judge noted that the State of Ohio did not charge Cobb with resisting arrest but instead pursued assault and obstruction charges.
“Resistance is defensive conduct. In contrast, assault is offensive conduct,” Judge Braig wrote in his ruling. “The State failed to produce evidence upon which a rational juror could distinguish intent reflective of offensive assaultive force from intent reflective of defensive resistant force.”
The judge also concluded that the officers’ actions violated Cobb’s Fourth Amendment rights against unreasonable search and seizure. Judge Braig wrote that “a non-violent, non-resisting, or only passively resisting suspect who is not under arrest has a right to be free from an officer’s use of force.”
The ruling discharged Cobb from all charges and ordered the State of Ohio to pay court costs. The Logan County Prosecutor’s Office later expressed strong disagreement with the decision.
“A jury of 12 Logan County citizens found the defendant guilty of assaulting a police officer,” Prosecutor Eric Stewart said. “The jury also rejected any argument that the defendant was acting in self-defense.” He warned that overturning the convictions “sets a dangerous precedent.”
Stewart also pointed to a larger trend of increasing violence against law enforcement. According to FBI statistics, 2023 had the highest number of assaults on police officers in a decade, with 79,091 reported nationwide, Stewart said.
“This trend is deeply disturbing because it not only puts the safety of those who protect us at risk but also undermines the rule of law that holds our communities together,” he said in a statement. “A society where violence against law enforcement becomes normalized is one where everyone’s safety is threatened.”
At trial, Cobb testified that he likely would have exited the vehicle if officers had informed him of the warrant. No evidence was presented to refute his claim. Judge Braig’s ruling criticized the officers’ approach, pointing out the encounter escalated unnecessarily because officers failed to communicate about the warrant.
“The City of Bellefontaine is not a ‘police state’ or even a ‘police city,’” Judge Braig wrote. “But (the officer’s) conduct at the scene reflected police-state officer conduct.”
