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May 2009
Second man arrested in connection with Isaac Gibson slaying
DAYTON — Investigators have arrested a second man in connection with the April 25 shooting of Isaac Gibson, who was killed at a memorial cookout for another homicide victim.
The SOFAST task force, made up of U.S. Marshals and local police, and Dayton homicide detectives arrested Keith A. Watson, 26, at a house near Germantown Street and Nicholas Road about 2 p.m. Friday, May 29, said Bill Taylor, Southern District of Ohio supervisor for the U.S. Marshals Service.
Watson had body armor with him at the house, Taylor said.
Watson is charged with felonious assault, inducing panic, being a felon in possession of a weapon and abduction, according to Dayton Municipal Court records. The charges were filed about 1:13 p.m. on Friday.
Also Friday, charges in connection with the Gibson slaying were also filed against a man already charged with shooting at a May 11 funeral service.
Theron Lewis, 23, was charged Friday, May 29, with two counts of murder, two counts of felonious assault, discharging a firearm near a prohibited place, carrying a concealed weapon, being a felon in possession of a weapon and inducing panic.
“It’s been a good day for the good guys,” said Dayton Sgt. Gary White.
After Lewis was arrested in the May 11 incident, witnesses began contacting Gibson’s family, telling them that Lewis was Isaac’s shooter, White said.
“The Gibson family was able to convince those callers to contact us and they did,” White said.
Gibson, 21, was shot in the 1800 block of West Riverview Avenue while attending a memorial cookout for Thomas “Tom Tom” Watson, 25, a friend and relative. Thomas Watson was shot in the face April 17 while playing on a basketball court at College Hill Park.
White said that Keith Watson, a cousin of Thomas Watson, and Lewis were also at the cookout and started challenging people. Some fights broke out, and the two pulled out guns and pointed them at people, White said.
Keith Watson fired toward people but missed. Lewis shot Gibson, killing him, White said.
Lewis has been in the Montgomery County Jail since his May 12 arrest in connection with an attempting shooting a day earlier at a funeral for Raymond “Byrd” McDaniel. Police said Lewis’ gun jammed after he started firing on the crowd as it left St. Paul Global Outreach Ministries, 2050 Germantown St. No one was injured.
McDaniel, 28, was shot in a gang-related robbery outside the Western Manor Apartments on May 4.
Kyle Nagel contributed to this story.
Man accused of shooting at one memorial service now charged with slaying at another
DAYTON — A man already charged with shooting at a May 11 funeral service has now been charged with shooting and killing a man at a April 25 vigil for another homicide victim.
Theron Lewis, 23, was charged Friday, May 29, with two counts of murder, two counts of felonious assault, discharging a firearm near a prohibited place, carrying a concealed weapon, being a felon in possession of a weapon and inducing panic.
The new charges, filed in Dayton Municipal Court, involve the April 25 slaying of Isaac Gibson, 21, who was shot in the 1800 block of West Riverview Avenue. Gibson was attending a memorial cookout for Thomas “Tom Tom” Watson, 25, a friend and relative who was shot in the face April 17 while playing on a basketball court at College Hill Park.
Lewis has been in the Montgomery County Jail since his May 12 arrest in connection with an attempting shooting a day earlier at a funeral for Raymond “Byrd” McDaniel. Police said Lewis’ gun jammed after he started firing on the crowd as it left St. Paul Global Outreach Ministries, 2050 Germantown St.
McDaniel, 28, was shot in a gang-related robbery outside the Western Manor Apartments on May 4.
Ex-convict facing new child abuse charges
DAYTON — A man who served 16 months in prison for shaking and injuring his infant son was indicted Wednesday, May 27, on two counts of child endangering.
Huber Heights police arrested Jeremiah Gaddis, 25, at his home at 8311 Mt Carmel Street on Wednesday morning. Gaddis remained in the Montgomery County Jail on Friday.
Information about the latest charges, returned by a Montgomery County grand jury, were not available Friday morning. Gaddis was paroled Oct. 15, according to the Ohio Department of Rehabilitation and Correction.
That conviction, in Butler County Common Pleas Court, was for attempted child endangering. Gaddis, who then lived in Fairfield, was accused of shaking and injuring his infant son while at the child’s mother’s Middletown home.
Ethan Gaddis was 5 months old in October 2006 when an ambulance brought him to Middletown Regional Hospital’s emergency room. The boy was suffering from a head injury.
Gaddis told police he was watching the boy at the mother’s residence when the boy fell off the couch. The mother was not home at the time, police said.
After the baby was transported to Cincinnati Children’s Hospital Medical Center, investigators learned that the boy’s injuries and Gaddis’ story didn’t match up. Doctors said the baby was suffering from bleeding on the brain, and that the injury could not have been caused by a fall from the couch, police said.
Former Girl Scout leader ordered to pay $20,000 in restitution to scouts
DAYTON — A former Girl Scout leader convicted of stealing $28,000 in cookie money was ordered Thursday, May 28, to pay $20,000 in restitution.
Tamara Jo Ward will report to the Montgomery County Jail on June 8 to start the 30-day sentence handed down by Common Pleas Judge Connie Price on May 18.
Under a restitution agreement reached between assistant Montgomery County prosecutor Jon Marshall and defense attorney Kevin Lennen, Ward will pay $5,000 up front, then pay $250 a month during her five-year probation period that will follow her jail sentence.
“It allows everyone to move forward, especially the girls,” said Marcia Dowds, a staff representative with the Girl Scouts of Western Ohio, who was present at the hearing Thursday. “We regret that the girls have had to go through with all of this.”
Ward, 45, of Union, pleaded guilty in April to a single count of grand theft of more than $5,000, a fourth-degree felony punishable by up to 18 months in prison. The charge was the sole count in her indictment.
Detectives arrested Ward on July 21 when she came to the Montgomery County Sheriff’s Harrison Twp. offices to be interviewed.
Ward started Troop 2162 in 2000 and was the leader until the troop was dissolved in 2007. During that time, she had access to the bank account the troop used to deposit cookie funds, according to the prosecutor’s office.
That money was to be used for the troop’s recreational activities, but Ward got a debit card, and during a five-year-period, spent the money on vacations, personal expenses, utility payments and groceries, according to the prosecutor’s office.
Police arrest woman indicted on aggravated vehicular homicide charges stemming from November accident
DAYTON — A woman indicted on charges that she killed one passenger and severely injured another while driving intoxicated was arrested by Dayton police Wednesday, May 27.
Felicia D. Burg, 25, was booked into the Montgomery County Jail just before 8 a.m., according to jail records.
Burg was indicted May 22 on two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault and two counts of driving while intoxicated.
Burg was driving a Chevrolet Impala at 3 a.m. on Nov. 29 when she lost control while driving at a high rate of speed along North Main Street. The car slammed into an RTA utility pole near the intersection of Main and Lawn streets, ejecting two female passengers, according to police.
Cicely Shontee, 25, of Dayton, died at Miami Valley Hospital. Mykala Mercer, 21, is still recovering from her injuries, according to Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office.
Burg, who was trapped in the car and had to be cut out by fire crews, also was seriously injured, according to police
Former coach Greenberg is indicted
DAYTON — A federal grand jury indicted former Chaminade Julienne High School girls basketball coach Marc Greenberg on 12 counts of using the Internet to transmit obscene material to individuals younger than 16.
The indictment was handed down Wednesday, May 27. No arraignment had been set as of Wednesday afternoon.
The indictment covers several dates between Feb. 19 and April 29, and the charges are the same as in the original complaint. FBI agents arrested Greenberg May 4.
Greenberg appeared May 7 before U.S. Magistrate Judge Sharon Ovington, who placed him under house arrest until an electronic monitoring system could be installed in his Centerville home. Once the system was up, Greenberg was allowed to leave home to go to work, meet with his attorney or seek court-ordered mental health evaluation and treatment.
Ovington ordered Greenberg, 32, not to associate with children under 18 except his own three kids; not to use a computer or any device capable of Internet access except in connection with his job; and to avoid any contact with present or past students, regardless of age. He was also ordered to surrender his passport and to stay in southern Ohio.
Christmas crash driver sent to prison, ordered to pay restitution to victims
DAYTON — The man convicted of causing a Christmas Day traffic accident that injured five children, including one girl who lost part of her leg, was sentenced to four years in prison Tuesday, May 26.
Montgomery County Common Pleas Judge Michael T. Hall also ordered Olajuwon Howard to pay $36,633 in restitution to four of the children.
Howard, 23, pleaded guilty May 12, to four counts of vehicular assault and one count of failure to stop after an accident. During his sentencing hearing, he broke down in tears as told Hall that it was an accident.
“I would never intentionally hit no car with no kids,” Howard said. “I got two kids. I don’t go around ramming people’s cars. I didn’t even know there was no kids in the car.”
Hall told Howard that he understood that it was an accident, but said Howard had been driving without a license and was trying to avoid the police at the time of the crash.
“People wind up having to be responsible for what they do,” Hall said.
Police arrested Howard at the scene of the accident, which happened about 4:30 p.m. Dec. 25 at Mia and Kammer avenues. The accident occurred as six people in a Pontiac Grand Am were driving along Kammer Avenue on their way to a Christmas celebration.
Howard, driving an Oldsmobile Intrigue, ran a stop sign at Mia and struck the Grand Am, which then veered into a house, doing structural damage and rupturing a gas line. Two of the children were trapped under the car.
Two of the children suffered brain injuries. Another girl, who was 7, was trapped under the car and had part of her leg amputated.
The children have been plagued by nightmares since the event, Sharon Taste told the court. Taste is the aunt of all five children.
“Imagine a 7-year-old child viewing life as unfair, at a time when her life has just begun,” Taste said. “Imagine a 9-year-old child questioning whether life is worth living.”
Indicted Dayton Police Officer says he is not guilty
DAYTON — Dayton Police Officer Phillip Brooks, Sr., accused of illegally selling three impounded cars, maintained his innocence during a press conference called Friday, May 22 by his attorney.
“I’m not guilty,” Brooks said, standing beside attorney Daniel O’Brien. “I put this in God’s hands and let my attorney do what he does best.”
Brooks, 43, who was indicted Thursday on 22 counts, has been suspended indefinitely without pay since April 13, according to Dayton Police Chief Richard Biehl.
Brooks was indicted on: seven counts of forgery, eight counts of tampering with records, three counts of unauthorized use of the database, two counts of grand theft, one count of attempted grand theft and one count of theft in office.
Brooks allegedly used a confidential police database to determine the owner of vehicles that had been towed or impounded, according to the county prosecutor’s office. Brooks then used that information to forge a fake bill of sale and had a new title issued in his name.
He would then sell the vehicles. There is no evidence other officers were involved, Chief Richard Biehl said Friday.
O’Brien said he called the press conference to “level the field,” because “I don’t usually try my cases in the newspaper.”
Brooks denies all charges, O’Brien said, adding that the witnesses against Brooks were “known crackheads” and “admitted serial liars.”
O’Brien also said that his handwriting experts would show that Brooks did not sign the documents. Those experts did not testify before the grand jury, which is run by the Montgomery County Prosecutor’s Office, O’Brien said.
O’Brien also criticized the prosecutor’s office for the “clandestine” way it called Brooks to testify before the grand jury in April.
Brooks was issued a subpoena to appear before the grand jury but did not honor it, so Montgomery County Common Pleas Judge Frances McGee held a hearing on April 9. Brooks was booked into the Montgomery County Jail for a few hours that day after McGee found him in contempt of court.
The 2nd District Court of Appeals ordered his release, and the following day, Brooks provided handwriting samples.
O’Brien, who has been representing Brooks on this matter for three months, said that Brooks was subpoenaed as a witness in a case in which the defendant was identified as “John Doe.” Brooks did not know he was the defendant in that case until he arrived. Brooks refused to give any samples until he could talk to O’Brien, who was out of state at the time, O’Brien said.
Prosecutor’s office spokesman Greg Flannagan said the office could not comment on matters pertaining to grand jury testimony, which is secret under law, but that authorities conducted a thorough, solid investigation.
“The evidence will be presented at trial and will speak for itself,” Flannagan said.
The 22-count indictment involves three cars: a 1994 Nissan Brooks allegedly sold in November 2004, a 1997 Pontiac he allegedly sold in August 2007, and an unidentified vehicle he allegedly tried to sell in December 2008.
That (last) attempt “pretty much started the investigation,” said Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office, on Thursday.
Brooks faces up to 59 years in prison if convicted. Brooks is currently not in jail and is expected to be arraigned in court on June 4.
Lucas Sullivan contributed to this report
Suspect in Katie’s Place hit-and-run is indicted
DAYTON — The suspect in a hit-and-run incident that killed a man outside Katie’s Place bar and injured three others was indicted Wednesday, May 20.
David Diaz Dominguez, 37, was indicted on one count of aggravated vehicular homicide, two counts of aggravated assault and three counts of vehicular 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.
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 Wednesday 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.
“This defendant used his vehicle as a weapon, and struck the victims, one fatally,” Heck said. “He will now be held accountable, to the maximum extend of the law, for his reckless behavior and uncontrolled anger.”
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.
Girl scout leader who stole cookie money is sentenced to 30 days in jail
DAYTON — A former Girl Scout leader convicted of stealing $28,000 in cookie money was sentenced Monday, May 18, to 30 days in the Montgomery County Jail.
Common Pleas Judge Connie S. Price ordered Tamara Jo Ward to make full restitution to Girl Scout Troop 2162 and placed her on five years probation.
Ward, 45, of Union, pleaded guilty in April to a single count of grand theft of more than $5,000, a fourth-degree felony punishable by up to 18 months in prison. The charge was the sole count in her indictment.
“Sadly, rather than being a role model to these girls, she betrayed them and stole their cookie money,” said county Prosecutor Mathias H. Heck Jr. “This type of outrageous, selfish behavior is despicable.”
Detectives arrested Ward on July 21 when she came to the Montgomery County Sheriff’s Harrison Twp. offices to be interviewed.
Ward started Troop 2162 in 2000 and was the leader until the troop was dissolved in 2007. During that time, she had access to the bank account the troop used to deposit cookie funds, Heck said.
That money was to be used for the troop’s recreational activities, but Ward got a debit card, and during a five-year-period, spent the money on vacations, personal expenses, utility payments and groceries, Heck said.
Grand jury indicts suspect believed shot by officer
DAYTON — A New Lebanon man believed to have been shot by an off-duty Englewood police officer has been indicted on several felony counts.
A Montgomery County grand jury on Tuesday, May 19, indiced Sean T. Rich, 31, on five counts of aggravated robbery, plus single counts of felonious assault and tampering with evidence. All but the tampering charge include firearms specifications, which would add an automatic three years to any prison sentence.
Police believe Officer Richard “Chip” Ridgway shot Rich on May 6 after he entered Ridgway Prescriptions, 3101 E. Third St., about 1:30 p.m. and demanded Oxycontin, police said.
Ridgway was off duty, working at the pharmacy owned by his family. Ridgway walked in after taking out the trash, when Rich fired and Ridgway fired back. Ridgway then chased Rich, according to Dayton police.
Rich showed up at an area hospital shortly after the incident with a gunshot wound to the neck. The Montgomery County Sheriff’s Office, notified by the hospital that a gunshot victim had arrived, determined the victim could be involved in the robbery attempt, police said.
Detectives later found evidence at Rich’s residence related to the attempted robbery, police said.
Firefighters seek injunction to block city from merging job duties
DAYTON — The union that represents Dayton firefighters has filed for an injunction, seeking to block the city from making lieutenants and captains from working in a newly created position.
The motion for a temporary restraining order, and preliminary and permanent injunctions, was filed Thursday, May 14, by International Association of Firefighters Local 136. The union represents the city’s 10 district chiefs, 23 captains, 45 lieutenants, plus firefighters and paramedics.
At issue is an order that creates the position of House Commander. That order was to go into effect Monday, May 18, though the city agreed to delay implementation until May 29. According to the union’s motion, it would require lieutenants and captains “to work out of rank” in violation of the bargaining agreement between the city and the union.
“We vigorously disagree with that,” City Manager Rashad Young said Monday, adding that the city has the right to implement policies and procedures. He denied that the change represented a unilateral change to working conditions.
Young said the change would save the city $150,000 to $200,000, much of it in overtime costs. It would also add flexibility to staffing, he said.
The change blends the responsibilities of the two ranks, according to the motion. Under the current command structure, a lieutenant is in charge of a fire company, consisting of that lieutenant and three firefighters on platoon assigned to an engine. A captain is assigned to a ladder truck and supervises a company on a fire scene.
“The fire captain is responsible on the fire scene to act as the commander of the inside operation, which consists of all crews inside the structure, typically between 12 and 20 firefighters, including lieutenants,” the motion states.
By altering the chain of command, contrary to training and experience, “the city’s proposal jeopardizes the safety of not only the firefighters but the citizens of Dayton in the event of a fire,” the motion states.
Young denied that the changes would reduce safety, either for firefighters or the public.
Union President Mike Fasnacht was told of the plan on Aug. 21. He requested to bargain with the city over what the union considered changes to the working conditions. The city took the position that it was not required to negotiate any change to those job duties, and the union filed a grievance and an unfair labor practice, the motion states.
Fasnacht said Monday that the grievance and ULP are still pending, and that the purpose of the restraining order is to keep the status quo until those measures can be settled.
Young said that he expects the city to win both the grievance and the ULP, so there is no reason to wait.
“Every day that we wait, it costs us significant money,” Young said. “We’ve already delayed this.”
There will be a hearing Thursday in Montgomery County Common Pleas Court about the temporary restraining order, Fasnacht said.
The issue would have been settled by a memorandum of understanding, which would have amended the contract, which expires in October 2010. The MOU would have allowed for employees on a promotion list to work at a higher rank and assume more duties when needed, but for the same hourly pay. The membership voted down the MOU on April 17.
Young said that the MOU showed that the city was willing to negotiate in good faith, but the union members turned down the compromise.
Lawsuit filed against Dayton Police
DAYTON — The estate of a man shot during a drug bust last year has filed a wrongful death lawsuit against the city of Dayton and the police department, demanding $50,000 in damages.
William O. Cass, Jr., administrator of the estate of Derrick J. Jordan, filed the lawsuit on Thursday, May 14. The complaint also lists Detective David L. House and an Officer “John Doe,” as defendants.
Jordan, 22, died May 30, nearly two weeks after he was shot. In October, a Montgomery County grand jury declined to indict either House or Detective Raymond St. Clair, because the jurors felt “there was no criminal liability,” according to the Montgomery County Prosecutor’s Office.
The lawsuit claims detectives “recklessly and with total disregard for the consequences, indiscriminately shot into the vehicle and thereby shot Derrick J. Jordan without legal cause, justification or excuse.”
The lawsuit seeks damages for medical expenses, funeral expenses, loss of support and services and the mental anguish incurred by Jordan’s next of kin. Jordan’s estate is seeking $25,000 plus interest in compensatory damages, plus $50,000 in punitive damages.”
City spokesman Tom Biedenharn said the city would not comment on a pending lawsuit.
During the May 15, 2008 drug bust, House fired into a car that had hit him and another detective as they tried to arrest Robert A. Moore, 19, one of four people in the car, on drug trafficking charges, according to police.
The driver, Charles D. Stargell Jr., 24, hit the gas as the detectives approached in a driveway between a McDonald’s and an Econo Lodge in the 2100 block of Edwin C. Moses Boulevard.
The car hit House, causing him to flip onto its hood, then St. Clair, causing him to accidentally discharge his weapon into the rear side passenger window on the driver’s side.
House fired a shot at the driver through the passenger side because he feared for the safety of others, police Chief Richard Biehl said later. The bullet struck Jordan, a passenger, in the head. He died May 30 at Miami Valley Hospital.
Stargell drove on as a passenger flipped a Cobra .380 semiautomatic gun out of a window. An unmarked police cruiser then rammed the car.
Moore pleaded guilty in September to one count of drug trafficking (cocaine) and was sentenced to three years in prison.
Stargell pleaded guilty Oct. 15, to single counts of felonious assault, failure to comply with an order or signal of a police officer and complicity to drug trafficking (cocaine). He was sentenced to five years in prison.
Two more plead guilty in mortgage fraud case
DAYTON — A Dayton father and son pleaded guilty Monday, May 11, to federal charges in connection with an extensive mortgage fraud scheme that affected 210 residential properties, including 205 in Montgomery County.
Edward McGee, 74, pleaded guilty to conspiracy to commit money laundering. Kenneth O. McGee, 49, pleaded guilty to one count of conspiracy to commit mail fraud, wire fraud and money laundering, and one count of conspiracy to commit money laundering. The two appeared before U.S. District Judge Michael A. Barrett.
So far, five people have pleaded guilty to charges in the scheme, which investigators said took place between March 2002 and June 2008. All five are awaiting sentencing.
In court, both McGees admitted that they were part of the conspiracy that operated and controlled various mortgage and title insurance-related businesses and corporations. Each man admitted that he had helped arrange, facilitate and manipulate documents associated with real estate sales and closings in order to fraudulently obtain excess mortgage loan proceeds from the sale of residential properties.
Julian M. Hickman, 31, formerly of Centerville and now living in East Cleveland, pleaded guilty on December 15 to conspiracy and tax charges.
Robert Mitchell, 42, of Vandalia, pleaded guilty on March 11 to one count of conspiracy to commit mail fraud, wire fraud and money laundering, and one count of conspiracy to commit money laundering.
Kamal J. Gregory, 34, of Centerville, pleaded guilty April 14 to one count of conspiracy to commit mail fraud, wire fraud and money laundering, and one count of conspiracy to commit money laundering.
Charges are still pending against Jessica A. Zbacnik of Monroe.
The conspirators used various business name including “Commercial Property Advisor Group”, “Diamond Venture Capital Group”, “Gem City Professional Services”, “First Union Appraisals”, “JMH Real Estate”, “E & A Investments”, “E & A Contractors”, “K M Investments”, “Midwest Alliance Commercial”, “K & M Auto Sales LLC”, “All-City Title Agency, Inc.”, “Partners Land Title”, and “NETCO.”
The U.S. Attorney’s Office said that Partners Land Title and NETCO were not willingly involved in any wrongdoing in the scam. The defendants who pleaded guilty Tuesday improperly used the companies in some of their transactions, said spokesman Fred Alverson.
Man who caused Christmas crash, injuring children, pleads guilty
DAYTON — A man accused of causing a Christmas Day traffic accident that injured five children, including one girl who lost part of her leg, pleaded guilty Tuesday May 12 to four counts of vehicular assault.
Olajuwon Howard also pleaded guilty to one count of failure to stop after an accident, a first-degree misdemeanor punishable by up to six months in jail. The vehicular assault charges are all third-degree felonies, punishable by up to five years in prison.
Howard, 22, will be sentenced May 26 by Montgomery County Common Pleas Judge Michael T. Hall.
Police arrested Howard at the scene of the accident, which happened about 4:30 p.m. at Mia and Kammer avenues. The accident occurred as six people in a Pontiac Grand Am were driving along Kammer Avenue on their way to a Christmas celebration.
Howard, driving an Oldsmobile Intrigue, ran a stop sign at Mia and struck the Grand Am, which then veered into a house, doing structural damage and rupturing a gas line. Two of the children were trapped under the car.
Two of the children suffered brain injuries. Another girl, who was 7, was trapped under the car and had part of her leg amputated.
Howard has previously been convicted of trafficking heroin and cocaine, and of heroin possession.
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.
Man sentenced to 20 years in slaying
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.
