No One is Above the Law – Not Even a Police Officer

By Barry Zalma on March 17, 2026

Police Officer Convicted for Fraud in Reporting an Accident Affirmed

Post number 5304

Police Officer Should never Lie about Results of Chase

In State Of Ohio v. Anthony Holmes, No. 115123, 2026-Ohio-736, Court of Appeals of Ohio, Eighth District, Cuyahoga (March 5, 2026) a police officer appealed criminal conviction as a result of lies about a high speed chase.

FACTUAL BACKGROUND

On October 3, 2021, Da’Shawn Allen fled police in a stolen vehicle, leading officers on a high-speed chase through Cleveland. Allen testified that police vehicles repeatedly bumped his car, preventing him from stopping. The pursuit ended when a white Challenger struck Allen’s vehicle, ejecting him from the car.

Anthony Holmes, an East Cleveland police officer, joined the pursuit as backup and became the lead vehicle. Holmes testified that Allen was “brake-checking” him during the chase. Body-camera footage showed Holmes accelerating, running a red light, and colliding with Allen’s vehicle. Shortly after the collision, Holmes instructed his partner, Tristan Homan, to “tell them they struck our vehicle,” after which Homan radioed dispatch stating that Allen brake-checked and struck the police car.

Holmes later admitted to investigators that he struck Allen’s vehicle. A police report authored by codefendant Ian McInnes reflected the version that Allen intentionally caused the collision.

Holmes was charged with multiple offenses. After trial, he was convicted of:

- Interfering with civil rights,
- Dereliction of duty,
- Tampering with records,
- Telecommunications fraud, and acquitted of assault-related counts.

The trial court merged dereliction of duty into tampering with records and imposed concurrent sentences totaling 12 months.

LEGAL ISSUES

The officer sought reversal for lack of sufficiency of the evidence; Tampering with records;

Knowingly falsifying or altering a record, without privilege, with purpose to defraud or knowledge of facilitating a fraud; telecommunications fraud; transmitting or causing transmission of information by telecommunications with purpose to further a scheme to defraud; and allied offenses.

DISCUSSION & ANALYSIS

The court held that body-camera footage, Holmes’s own admissions, and testimony regarding police policy violations constituted sufficient evidence to prove fraudulent intent and knowing facilitation of false records and transmissions. Credibility attacks on Allen went to weight, not sufficiency, and the jury did not lose its way.

Even though Holmes did not personally author the report or make the radio call, instructing another officer to transmit false information — knowing it would enter official records — supported both convictions.

HOLDING

The Court of Appeals overruled all nine assignments of error and affirmed Holmes’s convictions and sentences for interfering with civil rights, dereliction of duty, tampering with records, and telecommunications fraud concluding that a reasonable jury could determine that Holmes’s instruction to Homan to “tell them they struck us” was made with the purpose to defraud. Homan’s body camera demonstrates that it was not until Holmes instructed Homan to radio the false statement that Homan did so.

Viewing the evidence in the light most favorable to the State, the Court of Appeals found that Holmes’s convictions for tampering with records, telecommunications fraud, interfering with civil rights, and dereliction of duty were supported by sufficient evidence.

The court concluded that the evidence supporting Holmes’s convictions was simple and direct and that Holmes’s nine assignments of error were overruled and his convictions and sentences for interfering with civil rights, dereliction of duty, tampering with records, and telecommunications fraud were affirmed.

ZALMA OPINION

This is a very sad case where a police officer, rather than report the truth about events during a high speed chase worked with his partner to avoid responsibility for the accident that resulted injuring the person being chased and an innocent driver. The criminal offenses should never be committed by a police officer and his appeal, setting froth nine assignments of error were rejected summarily by the Court of Appeal. Finding fraud by the police officer the Court of Appeals affirmed the conviction and sentence.

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