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By Lou Grieco
| Monday, November 9, 2009, 05:18 PM
DAYTON — The man accused of stabbing a Miami Valley Hospital nurse last month was indicted Monday, Nov. 9, on 12 felony counts, involving three separate attacks on women
James M. Cundiff, 42, a tier III sexual offender, is charged with four counts of aggravated robbery, four counts of felonious assault, and single counts of tampering with evidence, abduction, aggravated menacing and aggravated trespassing.
The aggravated robbery and felonious assault counts all include repeat violator offender specifications, which would enhance any sentences on those counts.
“This defendant terrorized multiple victims in our community” said Montgomery County Prosecutor Mathias H. Heck, Jr. “He is a violent, habitual criminal who must be incarcerated in order to protect our citizens.”
According to Heck:
— On Aug. 28, Cundiff robbed a homeless woman on South Main Street, then cut her with a knife as she tried to flee.
— On Sept. 29, Cundiff attacked a woman who was on the porch of her North Belmonte Park residence, grabbing her and placing her in a headlock. She opened her door, let out her dog and yelled for her husband. Cundiff then fled.
— On Oct. 1, Cundiff followed two Miami Valley Hospital employees as they walked to the employees parking lot. He stabbed one of them, an ICU nurse, in her neck and took her purse and bags before fleeing.
Cundiff was released from prision in March 2002 after serving 18 years of an 8- to 25-year sentence. He was convicted of rape and aggravated robbery in Mahoning County in October 1984.
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By Lou Grieco
| Monday, November 9, 2009, 10:51 AM
DAYTON — A man accused of stabbing another man June 25 near a Huber Heights bar was sentenced to two years in prison Monday, Nov. 9.
James C. Harper pleaded guilty to one count of felonious assault Oct. 26, one day before his trial was to begin.
“I’d just like to say I’m sorry for what I’ve done,” Harper told Montgomery County Common Pleas Judge Connie Price. “It was just a foolish mistake and I wish that it had never happened.”
Price responded that Harper’s victim, Ralph Westery, had to go through surgery was unable to return to work.
“Based upon your actions, sir, he has ended up losing his job,” Price said.
Westery, 44, of Huber Heights had been inside the Cape Lounge, 5130 Brandt Pike. He went out to his sport utility vehicle and found Harper lying on the front seat.
Westery scared off Harper and went back inside the lounge, then was told Harper had recently been released from prison. Westery then decided to go after Harper, chasing him several blocks before he caught him, according to police.
Harper stabbed Westery in the stomach with a multipurpose tool knife and ran. Police later arrested Harper near the bar, police said.
Harper was indicted on two counts of felonious assault, which likely would have merged for sentencing purposes had he been convicted of both. He pleaded to the count of felonious assault with a deadly weapon. The second count, for causing serious harm, was dismissed.
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By Lou Grieco
| Friday, November 6, 2009, 05:10 PM
DAYTON — A Springfield business owner who pocketed $220,000 of his employees’ payroll taxes pleaded guilty Friday, Nov. 6, to one count of willful failure to collect and pay owed employment taxes to the Internal Revenue Service.
Richard Albrecht, Jr., 52, of Yellow Springs, appeared before U.S. District Senior Judge Walter H. Rice, Jr., who scheduled sentencing for Feb. 4.
Albrecht faces a maximum prison sentence of five years and a fine of $10,000, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
“Employers who fail to remit withheld employment taxes to the IRS are not only enriching themselves, they are creating financial problems for their employees,” said Jose A. Gonzalez, Special Agent in Charge, IRS, Criminal Investigation.
Between 2001 and February 2008, Albrecht owned a rigging company that operated under the names of Automotive Component Systems LLC, R&J Rigging, and RCSI Inc. (collectively, Automotive Component Systems) in and around Springfield, according to court documents.
As owner and operator, Albrecht was responsible for collecting payroll taxes and paying them to the IRS. Although he took the taxes from his employees’ paychecks, he knowingly failed to pay the IRS, specifically for the third quarter of 2003 through the fourth quarter of 2005, according to court documents.
Over this same period of time, Albrecht did not file the required Employer’s Quarterly Federal Income Tax Returns documenting the payroll taxes collected from the employees of Automotive Component Systems with the IRS.
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By Lou Grieco
| Friday, November 6, 2009, 11:42 AM
By Lou Grieco and Lucas Sullivan
DAYTON — A Montgomery County grand jury has declined to indict two people held on charges related to the beating death of 2-year-old Malechi Wilson.
Denise Stinson, the boy’s mother, and her boyfriend, Mark A. Newberry, were booked into the Montgomery County Jail on Oct. 30. Both were still in jail Friday, Nov. 6, the day the grand jury issued its report.
“All of the witnesses and evidence currently available was presented to the Montgomery County Grand Jury,” said Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office. “They voted to not indict either of the arrested suspects. The investigation into the injuries and death of this child is on-going.”
Attorney Kathryn L. Bowling, who represents Newberry, declined comment.
Denise Stinson
Mark Newberry
Newberry lost a run for a Montgomery County Commission seat last year. He filed to run for Dayton City Commission in March, but failed to get enough signatures to be placed on the ballot.
Malechi died at Dayton Children’s Medical Center on June 9 after police responded to Newberry’s home at 910 Crestmore Ave. on a report of a child in duress, police said.
County coroner Dr. James Davis said in June that Malechi “suffered for hours.” Davis, who ruled Malechi’s death was caused by blunt force trauma to the abdomen, said he was beaten so badly some of his internal organs ruptured.
Stinson, 23, and Newberry, 45, were arrested immediately after Malechi’s death. They were released two days later when prosecutors did not approve charges.
Prosecutors approved charges Oct. 29, which were filed in Dayton Municipal Court. The next step in the process is presenting evidence to the grand jury.
Neither Stinson nor Newberry have cooperated with police during the nearly five-month probe, Dayton Police Sgt. Gary White said last week.
Newberry is not Malechi’s biological father, police said. The couple does have a 10-month-old child together that has been placed into foster care, White said.
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By Lou Grieco
| Friday, October 30, 2009, 01:55 PM
DAYTON — Theron Lewis, accused of gunning down a man at a memorial cookout for a slain gang member, was convicted Friday, Oct. 30 of all counts, including two counts of murder.
Montgomery County Common Pleas Judge Frances E. McGee did not set a sentencing date, but ordered a pre-sentencing investigation. She said that there is a scheduling conference Tuesday to discuss Lewis’ other felony case, in which he allegedly shot at mourners leaving a May 11 funeral.
The case went to the jury at 1:25 p.m. Thursday. The jury broke off deliberations about 6:44 p.m., then started up about 9 a.m. Friday. The verdict was reached about 1:15 p.m. Friday.
Lewis, 24, also known as “T. Streets,” has been identified by police as a member of the Dayton View Hustlers. He was charged with two counts of murder, two counts of felonious assault and being a felon in possession of a weapon. Some of those charges, including the murder and felonious assault counts, could merge for sentencing purposes.
All of the charges deal with the April 25 death of Isaac Gibson. Though police said earlier this year that Gibson was the member of a different gang, police and prosecutors now say that they don’t believe that Gibson was ever involved in gang activity.
The trial started Monday, resumed Wednesday, then finished testimony on Thursday morning. The defense rested without presenting any witnesses.
“He killed another human being,” assistant Montgomery County prosecutor Michael Brush told the jury Thursday. “You’ve heard no evidence to the contrary.”
But defense attorney Scott Calaway pointed to a different person, arguing that another man, Keith Watson, shot Gibson. Watson, who is awaiting charges related to the incident, but is not charged with shooting Gibson, will go on trial March 1.
Gibson, 25, was shot at a cookout that followed funeral services for Thomas “Tom-Tom” Watson, who was killed April 16. Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Keith Watson, who is Thomas Watson’s cousin, pulled out a gun and fired a shot into the ground, Brush said.
Gibson’s father and brother got Gibson to leave the area after he fought with Watson and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.
Calaway said that the three witnesses who testified they saw the incident were all relatives of Gibson, including his father and his brother. He also said that Keith Watson was a family member as well.
“There’s only one person in the picture who’s not family: Theron Lewis,” Calaway said. “It’s a cover up for Keith. That’s why we’re here.”
Calaway said that the family members originally told police they didn’t know who did the shooting, though assistant county prosecutor David Franceschelli said those family members first thought of avenging Gibson’s death themselves before deciding to trust the criminal justice system.
Franceschelli ridiculed Calaway’s assertion that Gibson’s family was protecting the real shooter. He said that it was not clear if Keith Watson was related to Gibson’s family, but if so, it was a distant relationship.
“Keith Watson is the defendant’s friend, not the family’s friend,” Franceschelli said. “They have no more love for Watson than they do for Lewis.”
Franceschelli said that he took offense to Calaway stating that those family members fled the scene. He said those witnesses were seen there by police after the shooting, particularly Anthony Snowden Sr., Gibson’s father, who tearfully testified Wednesday that he held his son as he lay dying.
“He was there, holding his son in his arms,” Franceschelli said while pointing to Snowden, who was sitting in the spectators’ section.
He also said that the three witnesses gave statements to police that accurately described what types of weapons Lewis and Watson each held during the incident. The bullet taken from Gibson’s body matched the caliber of Lewis’ gun, not Watson’s, Franceschelli said.
Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.
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By Lou Grieco
| Thursday, October 29, 2009, 01:25 PM
DAYTON — The jury deliberating the fate of Theron Lewis, who is accused of gunning down a man at a memorial cookout for a fallen gang member, was sent home about 6:44 p.m. Thursday, Oct. 29, and will convene again on Friday to continue deliberations.
Lewis, 24, also known as “T. Streets,” has been identified by police as a member of the Dayton View Hustlers. He is charged with murder, felonious assault and being a felon in possession of a weapon. All of the charges deal with the April 25 death of Isaac Gibson.
The case went to the Montgomery County Common Pleas jury at 1:25 p.m.
Though police said earlier this year that Gibson was the member of a different gang, police and prosecutors now say that they don’t believe that Gibson was ever involved in gang activity.
The trial started Monday, resumed Wednesday, then finished Thursday morning. The defense rested without presenting any witnesses.
“He killed another human being,” assistant Montgomery County prosecutor Michael Brush told the jury Thursday. “You’ve heard no evidence to the contrary.”
But defense attorney Scott Calaway pointed to a different person, arguing that another man, Keith Watson, shot Gibson. Watson, who is awaiting charges related to the incident, but is not charged with shooting Gibson, will go on trial March 1.
Gibson, 25, was shot at a cookout that followed funeral services for Thomas “Tom-Tom” Watson, who was killed April 16. Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Keith Watson, who is Thomas Watson’s cousin, pulled out a gun and fired a shot into the ground, Brush said.
Gibson’s father and brother got Gibson to leave the area after he fought with Watson and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.
Calaway said that the three witnesses who testified they saw the incident were all relatives of Gibson, including his father and his brother. He also said that Keith Watson was a family member as well.
“There’s only one person in the picture who’s not family: Theron Lewis,” Calaway said. “It’s a cover up for Keith. That’s why we’re here.”
Calaway said that the family members originally told police they didn’t know who did the shooting, though assistant county prosecutor David Franceschelli said those family members first thought of avenging Gibson’s death themselves before deciding to trust the criminal justice system.
Franceschelli ridiculed Calaway’s assertion that Gibson’s family was protecting the real shooter. He said that it was not clear if Keith Watson was related to Gibson’s family, but if so, it was a distant relationship.
“Keith Watson is the defendant’s friend, not the family’s friend,” Franceschelli said. “They have no more love for Watson than they do for Lewis.”
Franceschelli said that he took offense to Calaway stating that those family members fled the scene. He said those witnesses were seen there by police after the shooting, particularly Anthony Snowden Sr., Gibson’s father, who tearfully testified Wednesday that he held his son as he lay dying.
“He was there, holding his son in his arms,” Franceschelli said while pointing to Snowden, who was sitting in the spectators’ section.
He also said that the three witnesses gave statements to police that accurately described what types of weapons Lewis and Watson each held during the incident. The bullet taken from Gibson’s body matched the caliber of Lewis’ gun, not Watson’s, Franceschelli said.
Lewis is still awaiting trial on charges stemming from shots fired at mourners leaving a May 11 funeral for Raymond “Byrd” McDaniel at St. Paul Global Outreach Ministries, 2050 Germantown St. Lewis shot at an Otterbein Mafia member but missed and when his gun jammed, he fled from the church parking lot, police said.
Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.
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By Lou Grieco
| Tuesday, October 27, 2009, 04:51 PM
DAYTON — The man convicted of charges in a hit-and-run incident at the Katie’s Place bar, which killed one person and injured three others, was sentenced to 10 years in prison Tuesday, Oct. 27
David Diaz Dominguez, 37, appeared before Montgomery County Common Pleas Judge Frances E. McGee. He pleaded guilty Aug. 25 to aggravated vehicular homicide, three counts of vehicular assault and two counts of aggravated assault.
The aggravated vehicular homicide count is a second-degree felony, punishable by up to eight years in prison. The other charges are all fourth-degree felonies, punishable by up to 18 months in prison.
David Diaz Dominguez
As a result of the April 24 incident, Rodrido Resendiz Bahena, 27, suffered multiple blunt force trauma to all areas of his body, including severe injuries to his head and neck, according to a Montgomery County Coroner’s autopsy.
Bahena and two other people, another male and female, were critically injured after being hit by a 2000 Ford Expedition driven by Dominguez, police said. The incident happened about 1 a.m. at the bar, which is at 2264 E. Fifth St. A fourth person was hit, but was treated for minor injuries.
Montgomery County Prosecutor Mathias H. Heck, Jr. said in May that Dominguez had been shooting pool inside the bar when he got into an argument with another person and was asked to leave. Once outside, Dominguez continued to argue with other patrons, then got into his car and drove through the parking lot. Two of the other people hit were bar employees, Heck said.
Dominguez fled to Texas after the incident. He was arrested in Pasadena on May 1, then extradited and booked into the Montgomery County Jail on May 13. As of Wednesday, Dominguez remained in the jail on $1 million bond.
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