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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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By Katie
May 4, 2009 7:58 PM | Link to this
He was being stupied. Also I love this webwite. katieosaurus235
By dhampton100
May 4, 2009 8:43 PM | Link to this
I love the fact that they convict this guy as if he killed someone at the bank waiting to make a deposit. Why is there no mention of the mitigating circumstances here? Mr. Troutwine was a willing participate in his own demise. When you run with dogs you stand a chance of getting bitten. This presents a double standard in our criminal justice. system. In my opinion, if a person (victim) was themselves in the commission of a crime, a lesser penalty should be given.
By john
May 4, 2009 9:27 PM | Link to this
dhampton100, Mitigating circumstances? You jerk, what mitigating circumstances? Double standard? You are too stupid to survive. Thank goodness you aren’t in charge of anything other than the hamburger line.
By dhampton100
May 4, 2009 10:15 PM | Link to this
Mitigating circumstances are factors that make a crime “not as it appears”. For example: If Mr. Troutwine was not going to buy sex, which by the way is illegal, in case you didn’t know it, he would have never been killed, period! You are the jerk and you are the one with the blinders on! The chance of my life ending like his is zero….you know why? Because I don’t use women for sex, I don’t “buy” women like a piece of property. In fact I live by a simple rule” I do unto others as I would have them do unto me. I would not want anybody having sex with my daughter for money; therefore I will not do that to another persons child. PERIOD! I repeat, the mitigating circumstances here were his own decision followed by his own actions—It‘s called personal responsibility!
By dhampton100
May 4, 2009 10:31 PM | Link to this
I won’t even get into the racial aspect of this thing…above average employed white man looking to have cheap sex with a black nothing worthless woman, to satisfy his sneaky hidden desire to sleep with a black woman….maybe even a pregnant black woman, who knows? I wonder if he told his wife or his family where he was headed as he walked out the door? They are victims here, too. Not only did they loose a love one, he disgraced them on his way out of this life. If he had children I hate to think of the mocking they have to endure from their peers. This story has too many little nasty ways it could go. Still, I say, if you ain’t out looking for trouble it is much harder to meet up with it. As to what exactly I am in charge of, if you must know: I am in charge of my own life and what I do and how I live. It’s funny that the less dirt you lay down in, the less dirt gets on your life.
By Ts
May 5, 2009 1:07 AM | Link to this
like the reply dhampton100
By manvan32
May 5, 2009 7:10 AM | Link to this
A POINT WELL TAKEN DHAMP.BUT IN THIS SOCIETY,IT DOSN’T MATTER IT IS WHAT IT IS.
By Big Dicke Blacke
May 5, 2009 10:32 AM | Link to this
Every white boy wants to sleep with a black mistress!
By Goofy
May 5, 2009 10:54 AM | Link to this
dhamp — brother, do you realize how stupid and utterly ridiculous you sound — you are a judgmental racist
By Frank
May 5, 2009 10:59 AM | Link to this
The pimp, and the hooker were commiting a felony with a gun and a man died during the commission of the crime. They both should have gotten life without parole and had a death penalty hearing to determine if tax payers wanted to support them for as long as they live. The John was not injuring anyone and did not deserve death did he? He may have done wrong but the real tradgedy is the hooker can do it again in 8 years or less!
By dhampton100
May 5, 2009 12:40 PM | Link to this
A Racist? Man I have been called a lot of things but never a Racist! Well I guess that’s one person’s opinion of me. Not just a regular Racist but a Judgmental Racist, too. Uuummp!
By ladyk
May 10, 2009 4:50 PM | Link to this
dhampton 100 We can only pray for those who don’t see things in the real world, like the people here writing you. Just like them you have the right to your opinion. And just maybe on day other the 9/11 we can still love other as God intended for his people. The news only gives half of what goes on in the world, just like a movie and its previews,it pulls you in. To anyone reading this..learn your facts before passing judgement, in which way your not qualified to do, That belong only to God I want to thank you for being a sound minded person and seeing the bigger picture. Troutwine was not saint of a man, he cheated on his wife. And for that reason he lost his life. Should it had come to that, no. Continue to be the stong man your mother gave you the values of becoming in life.
By ladyk
May 10, 2009 5:11 PM | Link to this
Anyone having an opinion about the statements on this page, take time and read you Bible also. God is still in control of us all rather you believe in Him or not. Exodus 23:1-3 I can’t pass Judgement but never did anyone say Mr. Trotwine called the man to have sex, he called the only person who will walk away a free person in 5years. Hope you men are happy at home, she’ll be waiting.
By britt
May 19, 2009 1:59 AM | Link to this
Did Troutwine even know what he was getting into? The picture of Hargrove looks almost like a man rather than a woman.
By I'm back
May 20, 2009 9:30 PM | Link to this
She didn’t look like that when the crime was committed. she has shaved her head and gone “butch” since she’s been in jail.