The Ohio Court of Appeals recently upheld the conviction of Brian Topp for misdemeanor theft, following a lengthy legal battle that began in 2024. The court affirmed the lower court's decision on September 21, 2026, impacting Topp and the businesses involved in the case.
This case began when Topp was indicted by a Henry County grand jury for grand theft, a fourth-degree felony, in January 2024. The indictment alleged that Topp unlawfully took money and services valued at over $7,500 from two businesses he co-owned, Brick N Brew and Property Prepers. The case has drawn attention due to its implications for business partnerships and the legal definitions surrounding theft.
The dispute arose after Topp, who was one of three members of the limited liability companies, allegedly withdrew significant funds from the businesses' bank accounts for personal use. The other members, Ashley Kruse and Clayton Klausing, claimed that Topp did not have permission to make these withdrawals. An investigation revealed that Topp had taken over $44,000 from the businesses without consent.
During the trial, which took place in August 2024, the prosecution presented evidence from multiple witnesses, including the two other business members. They testified that Topp had agreed to not take any money from the businesses until they were financially stable. However, Topp argued that he was entitled to the funds he took. The jury ultimately found Topp guilty of grand theft.
After his conviction, Topp appealed the decision, and the Ohio Court of Appeals reversed the felony conviction in July 2025. The court determined that the indictment did not properly allege the circumstances under which the value of the stolen property could be aggregated for the felony charge. The court stated, “the prosecution acted without legal authority in trying the offenses as a single offense and in aggregating the value of the funds stolen.”
As a result of the reversal, the court remanded the case back to the trial court for re-sentencing on a lesser charge of misdemeanor theft. The trial court held a re-sentencing hearing in February 2026, where Topp was convicted of theft, a first-degree misdemeanor, and sentenced accordingly.
In his subsequent appeal, Topp raised several assignments of error, arguing that the court erred in its previous decisions, and that he was denied effective assistance of counsel during his trial. However, the Ohio Court of Appeals ruled against Topp, affirming the trial court's judgment. The court stated, “the claims raised by Topp in the fourth assignment of error are also barred by the doctrine of res judicata.”
The court's ruling means that Topp's misdemeanor theft conviction stands, and he will face the consequences of that conviction. The decision could have broader implications for business partnerships, particularly regarding financial agreements and the responsibilities of business members.
This ruling also reinforces the legal principle that once a court has made a decision, it is generally not open to reconsideration in subsequent appeals. The court noted that Topp had already had his opportunity to challenge the felony conviction and that the issues raised in his appeal were either barred by res judicata or not properly before the court.
Moving forward, Topp may consider further legal options, but the Ohio Supreme Court has already declined to take up his case. As it stands, Topp's misdemeanor theft conviction remains in effect, and he must now face the legal repercussions of that ruling.
The case highlights the importance of clear agreements in business partnerships and the potential legal consequences of misappropriating funds. It serves as a reminder for business owners to maintain transparency and adhere to agreed-upon financial practices to avoid similar legal issues.