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Monday, May 4, 2009
Man convicted of murder in re-trial will not be eligible for parole for four decades
DAYTON — A Dayton man who was convicted of the murder of a federal aircraft safety inspector, only to have his conviction reversed by an appeals court decision, was convicted again on Friday, May 1.
Montgomery County Common Pleas Judge Michael T. Hall sentenced James A. Russell, 33, to 39 and 1/2 years to life in prison. That term is to be consecutive with a five-year term Russell is serving for being a felon in possession of a firearm.
The jury deliberated about four hours on Friday, before finding him guilty of murder, aggravated robbery, tampering with evidence, gross abuse of a corpse and grand theft of a motor vehicle. Hall then sentenced Russell on Friday evening.
Russell was convicted of killing Phillip Troutwine, of Arcanum, on Sept. 1, 2004, at the Auburn Avenue apartment he shared with Candace Hargrove. Troutwine’s decomposed body was found 24 days later in the trunk of his car, which was parked in West Carrollton. Authorities had been looking for the Arcanum man since Sept. 3, when his wife notified them of his failure to return home.
Troutwine came to the apartment expecting to have sex with Hargrove, who testified that she had started a prostitution business using a telephone dating service. Troutwine contacted her about a week before his death to set up an appointment, Hargrove testified Tuesday, April 28.
Hargrove, who did not feel like having sex, planned with Russell to rob him. At the time, Hargrove was six months pregnant with Russell’s child.
Troutwine wanted to look around the apartment. She was walking Troutwine through the apartment when Russell, hiding in a bedroom, surprised Troutwine and put a gun to his head and demanded money. The two were moved into the kitchen, and Russell shot Troutwine, Hargrove said.
Hargrove, 24, who cooperated with authorities, pleaded guilty before the trial to charges of aggravated robbery, tampering with evidence and gross abuse of a corpse. She is serving a 10-year prison sentence.
Assistant Ohio public defender Theresa Haire told the jury that Russell was in Columbus at the time Troutwine was shot.
After Russell’s previous trial, Montgomery County Common Pleas Judge Michael T. Hall said at sentencing that he imposed maximum consecutive sentences for the six felonies because Russell’s juvenile record showed he posed “the greatest likelihood of committing future crimes.”
As a juvenile, Russell served about five years in the Ohio Department of Youth Services system for his role in the 1991 fatal shooting of Connie Sue Trimble, 25.
The appeals court found that Hall erred when it overruled a motion for mistrial after it was discovered that a verdict form was mistakenly published to the jury. The potential impact of the improper inclusion of the verdict form could not be measured, and the probable speculation by the jury was prejudicial, tainting the case, according to the ruling.
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DAYTON — A man who pleaded guilty to involuntary manslaughter in the November shooting death of a Millersburg man was sentenced Monday, May 4, to 20 years in prison.
Jesse McIntyre, 28, of Clarksville, also pleaded guilty to felonious assault, being a felon with a firearm, and several drug-related felonies when he appeared April 16 before Montgomery County Common Pleas Judge Timothy O’Connell.
McIntyre admitted to shooting Rufus Childers, 33, at 4266 Cardinal Ave., Harrison Twp., on Nov. 18. The house is owned by Childers’ friend, Charles Lunsford.
But McIntyre told O’Connell on Monday that Childers pulled a gun on him first as McIntyre was trying to sell him drugs.
“I didn’t show up there that day to kill anybody,” McIntyre said, adding that he was sorry that Childers’ children would be raised without a father. “I’m sorry for their loss. I wish it had worked out differently.”
O’Connell responded “I don’t think that’s really what the facts are.”
Childers, who was shot twice in the head and once in the chest, after McIntyre and some other people arrived looking to sell prescription drugs recently stolen from a pharmacy near Cincinnati, investigators said.
Childers allegedly refused to buy the pills and that’s when McIntyre fired several times, hitting Childers in the chest and head, Sheriff Phil Plummer said. Medics found Childers dead underneath a Christmas tree in the living room.
None of the other suspects had been indicted as of Monday.
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