Does Threat Made Before Criminal Complaint Is Filed Constitute Violation of Ohio's Witness Intimidation Law?

Where Witness Is Threatened After Police Investigation Has Begun

State of Ohio v. Tracy B. Davis, Sr., Case no. 2011-0685

2nd District Court of Appeals (Montgomery County)

ISSUE: When a threat intended to deter a person who has information about a crime from disclosing that information to police is made after a police investigation of the crime has been initiated, but before a criminal complaint has been filed in the case, does that threat constitute "intimidation of a witness" as that offense is defined in R.C. 2921.04(B)?