[Cite as State v. Gibbs, 2019-Ohio-4215.] STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF LORAIN ) STATE OF OHIO C.A. No. 17CA011116 Appellee v. APPEAL FROM JUDGMENT ENTERED IN THE DEVANTE M. GIBBS COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO Appellant CASE No. 15CR092697 DECISION AND JOURNAL ENTRY Dated: October 15, 2019 CALLAHAN, Judge. {¶1} Appellant, Devante Gibbs, appeals his convictions by the Lorain County Court of Common Pleas. This Court affirms. I. {¶2} During September 2013, J.B. left her two-year-old daughter A.C. in the care of her boyfriend, Mr. Gibbs, while she attended classes and went to work. When Mr. Gibbs and A.C. picked her up from school on September 18th, J.B. observed that A.C. seemed unwell, and during the evening, A.C. suffered from diarrhea. J.B. and Mr. Gibbs discussed taking A.C. to the emergency room, but decided not to do so. The next morning, J.B. believed that A.C. appeared to have improved, and she decided to go to work. {¶3} Mr. Gibbs was alone with A.C. again on September 19th. He contacted J.B. in the middle of the day to tell her that A.C. needed to be taken to the emergency room. The couple drove A.C. to Mercy Hospital (“Mercy”) and from there, A.C. was transferred to Rainbow 2 Babies and Children’s Hospital (“Rainbow Babies”) by life flight. Her condition was critical: she had suffered cardiac arrest and presented with skin that was pale and gray above the waist, but dark and discolored below the waist. As the pediatric intensive care staff worked to resuscitate A.C. with fluids and her level of perfusion improved, it became apparent that A.C.’s body bore uniform burns below the waistline, as though she had been “dunked * * * in really hot water.” {¶4} Despite the severity of her burns, however, A.C.’s treating physicians at Mercy and Rainbow Babies noted that the burns alone could not account for the critical nature of A.C.’s condition and suspected that A.C. was suffering from sepsis. They also observed that the history that had been provided by J.B. based on information that she received from Mr. Gibbs was inconsistent with the severity of A.C.’s condition. Emergency room personnel at Mercy noted the presence of blood in A.C.’s perineal area, so a Sexual Assault Nurse Examiner (“SANE”) examined A.C. in the pediatric intensive care unit at Rainbow Babies and collected samples for a rape kit. The SANE nurse noted red markings in A.C.’s genital region and damage to her hymen that were consistent with blunt force as a result of recent sexual assault. {¶5} During the next twenty-four hours, A.C.’s abdomen became extremely distended, which impeded the flow of blood to her lower extremities. During emergency surgery, A.C.’s physicians confirmed the presence of a tear in her rectum and significant damage to her bowel. According to her physician, the tear allowed bacteria to pass into A.C.’s bloodstream through the blood vessels in her intestinal wall, leading eventually to sepsis. ...
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