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June 2009
Third man sentenced to prison in fatal beating
DAYTON — Antonio Gomez, the third of a trio of men convicted of beating Stephen C. Sipos to death, was sentenced to five years in prison on Tuesday, June 30.
“We miss our son very much,” said family friend Aaron Sprowl, reading a letter from Sipos’ mother. “To not have Stevie with us is like not having air to breathe.”
Gomez, 19, his half-brother Robert Hancher, 24, and Hancher’s friend Robert Tyler Kleekamp, 23, will all serve time in prison for Sipos’ death. Hancher and Kleekamp were convicted of murder June 19 and sentenced to 15 to life in prison.
Gomez pleaded guilty to involuntary manslaughter, his indicted charge, as the trial was starting. The three were accused of beating Sipos, 32, to death Feb. 2, 2008, in the parking lot behind the former Meercat’s Bar and Grill, 1227 Wilmington Ave. None of the three knew Sipos.
Sipos died of blunt-force trauma to the head and neck after suffering at least 10 blows to the head and neck, Kent Harshnarger, a forensic pathologist with the coroner’s office, testified during the murder trial.
Trial testimony indicated that Kleekamp and Hancher repeatedly kicked and stomped Sipos after he had been knocked to pavement. Gomez only struck Sipos once, but egged the other two on to continue the beating, witness Paul Credlebaugh, a former friend of Hancher’s, testified during the trial.
Hancher’s ex-girlfriend Grace Agullana testified that Sipos “made a pass at me” inside the bar, but that Hancher and Sipos settled it peacefully inside the bar after Hancher told Sipos that Agullana was with him.
Both Credlebaugh and Agullana testified that Hancher and Kleekamp attacked Sipos first, with Kleekamp hitting him from behind.
Attorney Mia Wortham Spells told Hall that Gomez had no criminal record.
“He did not intend to cause his death,” Spells said. “He has accepted responsibility in this case.”
Hall agreed, and said that Gomez did not deserve the maximum penalty for involuntary manslaughter, which is 10 years. But he also said that, since blood was found on Gomez’ clothing, Gomez was probably more involved than he admitted, and so he did not deserve the minimum 3 years either.
Though the defense characterized the incident as a bar fight, Hall said “this was more of an ambush,” but credited Gomez for not coming into court with “some story.”
Sipos’ family did not differentiate between the three defendants in the statement Sprowl read aloud at the sentencing.
“His life was stolen away from him,” Sprowl read. “You are animals. What gives you the right to take the life of another human being.”
Man accused of dragging officer with car is indicted
DAYTON — A man who dragged a police officer with his car during an incident at a recycling center has been indicted on two counts of felonious assault on a police officer.
The grand jury also indicted Gregory L. Walz, 53, on a count of failure to comply with a police officer’s order and a count of vandalism. The indictment was handed down Thursday, June 25.
Walz was at the First Street Recycling Center, 1321 E. First St., on July 16, where he was trying to sell some metal. Dayton Detective Jamie Bullens, assigned to the Metal Theft Unit, started questioning Walz, according to the Montgomery County Prosecutor’s Office.
Walz then got into his car, and Bullens ordered him to stop. As Bullens tried to restrain Walz, Walz put the car into gear and drove forward. He dragged Bullens for about 20 yards before crashing into a concrete wall, the prosecutor’s office said.
Bullens was injured and spent several days in an area hospital, the prosecutor’s office said.
If convicted of all counts, Walz faces a maximum of 26 years in prison, plus more than $50,000 in fines.
Zobel transferred to Dayton, will appear in court on Friday
DAYTON — A Michigan man charged with the sexual assault of two Xenia girls was transferred to Dayton on Wednesday, June 17, and will appear in U.S. District Court for a hearing on Friday.
David Jeremy Zobel will appear before Judge Thomas M. Rose at 1:30 p.m. The hearing will deal with federal prosecutor’s motion to revoke bond.
On Monday, a U.S. magistrate judge in the Eastern District of Michigan ordered Zobel be released on $10,000 bond. On Tuesday, Rose ordered that decision be stayed pending the resolution of the prosecutor’s motion.
On Friday, June 12, FBI agents arrested Zobel in connection with the sexual assault of two Xenia girls ages 12 and 13 in Toledo, FBI officials said.
Zobel, 32, of Ann Arbor, Mich., who is a church music director, has been charged in a federal complaint with one count of interstate travel with intent to engage in illicit sexual conduct. If convicted, Zobel could face up to 30 years in prison.
According to an FBI affidavit in the case, Zobel admitted to agents he had engaged in online sexual dialogue with one of the girls, whom he believed to be 16, since November 2008. He also admitted driving to Xenia, picking up that girl and a friend who wanted to run away, and driving them to Toledo.
FBI special agent Michael Brooks said Zobel has denied sexually assaulting the girls, but agents found sexually explicit pictures of the girls on a camera when they searched Zobel’s home.
The criminal complaint alleges that Zobel drove the girls only to Toledo because he feared transporting two underage girls across state lines. But the girls told Toledo police that once there, Zobel drove to a parking garage, locked the doors of his car and refused to open them until the girls performed sexual acts.
Testimony continues in trial of men accused of fatal beating
DAYTON — The ex-girlfriend of Robert Hancher testified Wednesday, June 17, that she saw Hancher and his friend stomping and kicking Stephen C. Sipos while he was on the ground , but also acknowledged that she gave different details when she first spoke with police.
“I didn’t want to see him get in trouble,” Grace Agullana said during cross-examination.
Hancher, 24, and Robert Tyler Kleekamp, 23, are on trial in Montgomery County Common Pleas Court for murder. They are accused of beating Sipos to death Feb. 2, 2008 in the parking lot behind Meercat’s Bar and Grill, 1227 Wilmington Ave. Defense attorneys argue that Sipos, who was 6 feet 2 inches tall and weighed more than 300 pounds, was the aggressor who hit Hancher first.
On Tuesday, Hancher’s half-brother Antonio Gomez pleaded guilty to involuntary manslaughter just before opening arguments started.
Sipos, 32, was pronounced dead on arrival at Miami Valley Hospital. He died of blunt force trauma to the head and neck after suffering at least 10 blows, Kent Harshbarger, a forensic pathologist with the Montgomery County Coroner’s Office, testified Tuesday.
Agullana, 22, said she was inside Meercat’s when Sipos, who she had never met before, “made a pass at me.”
She said she told Hancher, who told Sipos she was with him. The two settled it peacefully inside the bar, she said.
Later, as they were in the parking lot, Hancher and Sipos exchanged words and Agullana said she saw them “locked up,” holding each other’s arms, “but they weren’t swinging.”
At that point, Kleekamp attacked Sipos, she said. “He sucker punched him from behind,” she said.
She also saw them kicking Sipos and stomping him after he fell to the ground.
Later that day, Kleekamp bragged about the beating, even after they learned Sipos had died, she said.
But during cross examination, Agullana acknowledged that she had been doing shots and had consumed 10 to 12 drinks that evening. She said she did not remember what Sipos and Hancher were saying to each other in the parking lot, but “they weren’t friendly words.”
Asked about her original statements to police, in which she said Sipos followed her and Hancher outside, she said “I was lying.”
Also Wednesday, Paul Credlebaugh returned to the witness stand. On Tuesday, Credlebaugh testified that Hancher and Kleekamp stuck Sipos simultaneously, that Sipos then fell without hitting them, and they kicked him repeatedly. He also said Kleekamp hit Sipos from behind.
But Credlebaugh said he did not see Sipos inside the bar, and that he had been with Hancher and Kleekamp when they were there.
During cross examination, he acknowledged to defense attorneys that his story had changed since his first interviews with detectives, when he said Sipos and Hancher were pushing each other.
“As I can recall now, the guy never laid a hand on Robbie,” he said.
When asked if he remembered the incident better 17 months later than the day after, Credlebaugh answered yes and said he had replayed the events in his mind repeatedly.
He acknowledged that he called police in part because he was worried that he could get implicated in the incident, even though he said he was pulling Hancher and Kleekamp off Sipos. He said he also called because “what they did was completely disgusting.”
Credlebaugh, who had been friends with Hancher for years, but after he learned that Sipos had died, “I told Robbie I was done with him.”
The trial, before Judge Michael T. Hall, is scheduled to continue through this week.
Zobel will be transported to Dayton to face bond revocation hearing
DAYTON — A Michigan church music director charged with the sexual assault of two Xenia girls will be transferred to Dayton for a bond hearing, a federal judge ruled Tuesday, June 16.
U.S. District Judge Thomas M. Rose also ordered that a magistrate’s decision to release David Jeremy Zobel on bond be stayed pending the resolution of federal prosecutors’ motion to revoke bond. The order notes that Zobel has waived removal proceedings in the Eastern District of Michigan.
On Monday, a U.S. magistrate judge in the Eastern District of Michigan ordered Zobel be released on $10,000 bond.
Three days earlier, FBI agents arrested Zobel in connection with the sexual assault of two Xenia girls ages 12 and 13 in Toledo, FBI officials said.
Zobel, 32, of Ann Arbor, Mich., has been charged in a federal complaint with one count of interstate travel with intent to engage in illicit sexual conduct. If convicted, Zobel could face up to 30 years in prison.
According to an FBI affidavit in the case, Zobel admitted to agents he had engaged in online sexual dialogue with one of the girls, whom he believed to be 16, since November 2008. He also admitted driving to Xenia, picking up that girl and a friend who wanted to run away, and driving them to Toledo.
FBI special agent Michael Brooks said Zobel has denied sexually assaulting the girls, but agents found sexually explicit pictures of the girls on a camera when they searched Zobel’s home.
The criminal complaint alleges that Zobel drove the girls only to Toledo because he feared transporting two underage girls across state lines. But the girls told Toledo police that once there, Zobel drove to a parking garage, locked the doors of his car and refused to open them until the girls performed sexual acts.
Defendant takes witness stand in McClendon trial, denies intending to kill victim
DAYTON — Kyle McClendon took the witness stand Friday, June 12, denying that he meant to kill David Driscoll and saying the other witnesses were lying about what happened.
“I was defending myself,” McClendon said. “I didn’t intend for him to die. I ain’t no murderer.”
McClendon, 23, of Trotwood, who is also charged with felonious assault and improper handling of a firearm in a motor vehicle. All of the charges include gun specifications, which would automatically add three years to any possible sentence.
McClendon and Driscoll were strangers who met by chance Feb. 8 at the Marathon gas station, 4351 Riverside Drive, Harrison Twp. During opening statements Tuesday, assistant Montgomery County prosecutor John Amos said Driscoll was the victim of a cold-blooded execution, while defense attorney Barbara J. Doseck said video footage would show Driscoll was the aggressor.
George DeLaVergne and Kelly Altic, friends of Driscoll, testified Wednesday that they were walking through the parking lot when McClendon pulled up in his car, stopped, then revved his engine. Later inside the store, McClendon appeared agitated, pacing around and muttering under his breath, Altic said.
McClendon bumped into DeLaVergne sand said “Out of the way, homeboy,” DeLaVergne said.
At that point, the two left the store, but Driscoll, who was still buying cigarettes, had words with McClendon, they said.
McClendon denied all of that on Friday.
“Kelly is lying,” McClendon told assistant Montgomery County prosecutor Dan Brandt. “George is lying.”
McClendon also said that a Marathon clerk was lying when he testified that he heard McClendon tell Driscoll that they should “take it outside.”
Video footage, introduced as evidence, shows much of the incident, both inside and outside the store. The jury viewed the shooting yesterday. That portion of the video shows Driscoll walking out toward McClendon, who is at his car by a gas pump. Driscoll takes off his jacket and puts it on the ground. McClendon steps away from his car, and the two seemingly square off.
After several seconds, the two shake hands and hug. Driscoll picks up his jacket, then walks back toward McClendon’s car, and McClendon shoots him.
McClendon testified that, when he and Driscoll spoke in the store, Driscoll asked him to sell him drugs, but McClendon wasn’t interested.
McClendon said that he was frightened because Driscoll seemed to be “on something” and because Driscoll was bigger than he was. McClendon said he retreated to his car, began pumping gas, but also got his gun. He said he was also afraid because Driscoll had friends with him who were now hiding behind the gas station.
On Wednesday, Altic and DeLaVergne testified that they were hiding because they were scared of McClendon.
When the two squared off, McClendon said, he was holding his gun, so Driscoll knew he was armed. After they two hugged, McClendon said, he thought the incident was over.
Instead, McClendon said, Driscoll picked up his coat and walked toward him with his hands covered, so McClendon was afraid he might have a weapon. He decided to shoot, he said.
“I was just trying to back him up, so I could get away,” McClendon said.
Later, as he hid at a friend’s apartment, he said he was “praying to God. I didn’t want him to be dead.”
McClendon testified that he placed the gun under a dresser. Sheriff’s deputies testified they found it under a pillow on the bed where McClendon was sleeping. McClendon said they must have put it there.
Suspect in Michigan homicide arrested in Dayton
DAYTON — A man wanted in connection with a Michigan homicide was arrested at a Dayton home early Thursday, June 11.
Ramone Jackson, 19, was arrested without incident at 1926 Malvern Ave. just before 7 a.m., said William Taylor, supervisory deputy for the Southern District of the U.S. Marshals Office, who also oversees the Southern Ohio Fugitive Apprehension Strike Team (SOFAST).
Jackson is considered a suspect in a March 18 homicide in Inkster, Michigan, which is just outside Detroit, Taylor said. Taylor said he did not have details of the incident. Jackson is also wanted on drug and weapons charges, he said.
Federal authorities in Michigan contacted the Marshals office in Dayton and asked them to check out the Malvern address. The Michigan authorities did not expect Jackson to be at the address, but wanted their Dayton counterparts to get more information about his whereabouts.
“It turns out, he was in the house,” Taylor said.
Fast task force
Witnesses at murder trial testify they heard gun cocking just before shooting
DAYTON — Moments before David Driscoll was shot, as his two friends hid behind the Marathon gas station, the two heard the cocking of a gun.
“I said, ‘I think he has a gun. We need to get out of here,’” said George DeLaVergne.
DeLaVergne and Kelly Altic, friends of Driscoll, testified Wednesday, June 10, in the murder trial of Kyle McClendon, 23, of Trotwood, who is also charged with felonious assault and improper handling of a firearm in a motor vehicle. All of the charges include gun specifications, which would automatically add three years to any possible sentence.
His trial before Montgomery County Common Pleas Judge Dennis J. Langer, which started Tuesday, is expected to last through the week, possibly into next week.
McClendon and Driscoll were strangers who met by chance Feb. 8 at the Marathon gas station, 4351 Riverside Drive, Harrison Twp. During opening statements Tuesday, assistant Montgomery County prosecutor John Amos said Driscoll was the victim of a cold-blooded execution, while defense attorney Barbara J. Doseck said video footage would show Driscoll was the aggressor.
Altic and DeLaVergne both testified that they were part of a group of Sinclair Community College students who were at a party at an apartment off Riverside Drive. Altic, DeLaVergne and Driscoll decided to walk to the Marathon station to buy cigarettes.
As they walked through the parking lot near the entrance doors, McClendon pulled into the lot quickly, then stopped close to them before revving the engine “almost like he was going to run us over,” Altic said.
The three were in the store when McClendon entered. He seemed angry, walking around and “mumbling under his breath,” Altic said.
Next, McClendon bumped into DeLaVergne, Altic said. She said McClendon said something, but she did not hear it.
DeLaVergne testified that McClendon said “Out of the way, homeboy.”
DeLaVergne and Altic, who had bought their cigarettes, decided to leave the store. Driscoll was still making his purchase.
“We had a really bad feeling about the whole situation,” Altic said.
From outside, Altic and DeLaVergne could see McClendon and Driscoll having words inside the store. Altic said she tried to call Driscoll on his cell phone, but got no response.
DeLaVergne decided that he and Altic should walk over to the side of the store. He said he was concerned about Altic’s safety.
While on the side of the building, Altic peeked around the corner and saw McClendon walking back toward his car.
“George was kind of pulling me back because he didn’t want me to be seen,” Altic said.
The two heard some rustling sounds from the area of McClendon’s car, then heard the cocking of a gun. The two then retreated behind the building and were pacing. After a few minutes, they heard gunshots.
“We just kind of looked at each other,” Altic said, breaking down in tears. “We ran. We started running. We weren’t sure if he was going to come after us or not.”
The two ran toward the apartment complex. After they saw police lights, they returned to the scene, Altic said.
On Tuesday, Amos said Driscoll and McClendon had a “brief verbal altercation” inside the store, then McClendon left and went back to his car, which was at a gas pump. Driscoll walked out to the gas pump and exchanged words again with McClendon, Amos said.
That’s when the two shook hands and hugged. But as Driscoll was walking away, McClendon summoned him back, then shot him five times, once in the thigh, three times in the abdomen and once in the head. He then fled the scene in the car, Amos said.
Driscoll died at the scene.
McClendon was arrested hours after the shooting, when a sheriff’s deputy passing a Riverside Drive apartment complex spotted a green Pontiac which matched the description of the car in the store’s video footage. The deputy touched the hood, and the car was still warm, Amos said.
The car was registered to a woman who lived in the apartment complex, but days before the shooting, a Dayton police officer filed a report after stopping McClendon in the same car, Amos said.
Deputies knocked on the car’s owner’s apartment door, and she let them in. Inside, they found McClendon sleeping with a handgun under his pillow, Amos said. The gun is a .22 caliber, as were the bullets removed from Driscoll’s body, Amos said.
Walnut Hills Family Care physician pleads guilty to drug conspiracy charge
DAYTON — A local physician accused of being part of a prescription drug ring pleaded guilty Wednesday, June 10, in U.S. District Court to a conspiracy count.
Dr. Richard Sievers, 53, of Oakwood, is the ninth person who has pleaded guilty to participating in the conspiracy. All are awaiting sentencing.
Judge Thomas M. Rose will set a sentencing date for Sievers. Conspiracy to distribute controlled substances is punishable by up to 20 years imprisonment
The conspirators illegally distributed more than 700,000 dosage units of controlled substances from a storefront medical clinic in Dayton between January and November 2007, according to authorities.
Sievers operated Walnut Hills Family Care, located at 1900 Wayne Ave. in Dayton. Sievers conspired with others to distribute prescription drugs including Amphetamine, OxyContin, Vicodin, Xanax, and Methadone, according to court documents.
Sievers wrote or approved prescriptions that were not issued for a legitimate medical purpose and were not in the usual course of his medical practice. The “patients” were not given proper medical examinations prior to the issuance of the prescriptions for the controlled substances. The “patients” would then provide money in return for the issuance of the prescriptions. The “patients” picked up the prescriptions at Walnut Hills Family Care, according to court documents.
Chinese man indicted on charges related to the illegal export of infrared cameras
DAYTON — A Hong Kong resident has been indicted on federal charges that he tried to buy 12 infrared thermal imaging cameras from a Dayton-area company to illegally export them.
Hing Shing Lau, also known as Victor Lau, is a foreign national living in Hong Kong, but was arrested in Canada on June 3. The grand jury that indicted him Tuesday, June 9, is in Dayton.
“Our office is currently taking the necessary steps to extradite Lau to the U.S. to face charges,”said Gregory G. Lockhart, United States Attorney for the Southern District of Ohio.
The indictment alleges that Lau tried to buy the cameras, which were manufactured in Texas, by contacting a company in the Dayton area. On three occasions, he transferred a total of $39,514 from Hong Kong to the U.S. as partial payment for the cameras, the indictment said.
The U.S. Department of Commerce controls export of these cameras to Hong Kong and the People’s Republic of China for national security and regional stability reasons. This is because of the cameras’ potential use in a wide variety of civilian and military applications, including unmanned vehicle payloads, weapon sights, security and surveillance products, Lockhart said.
The indictment charges Lau with two counts of violating export control laws, each of which is punishable by up to 20 years imprisonment and a fine of $1 million, and four counts of money laundering. Each money laundering count is punishable by 20 years imprisonment and a fine of up to $500,000.
FBI agents began investigating Lau in August 2008 after Lau called a Dayton-area businessman with whom he had done business in the past. Lau asked if he could sell him between 10 and 12 of the infrared/thermal imaging devices. The businessman told Lau he did not have the necessary export licenses, Lockhart said.
According to an affidavit filed in U.S. District Court, Lau continued to contact the businessman by phone and email in an attempt to buy the cameras, finally arranging to meet the businessman in Toronto to take delivery of the cameras.
Armed with an arrest warrant issued by U.S. authorities, Canadian Immigration Authorities and the Royal Canadian Mounted Police arrested Lau on June 3 at the Toronto International Airport . Lau was carrying $30,000, which authorities believe was for a final payment on the cameras.
Lockhart commended the investigation by FBI agents with the assistance of the U.S. Department of State, U.S. Department of Commerce, the Royal Canadian Mounted Police, Canadian immigration authorities, and Assistant U.S. Attorney Dwight Keller who is prosecuting the case.
Trial starts for man accused of gunning down stranger at gas station
DAYTON — Kyle L. McClendon and David Driscoll were two strangers who had words, then shook hands, then embraced each other.
Then McClendon shot Driscoll to death, according to Montgomery County prosecutors.
“I don’t really know why I shot him,” McClendon told investigators hours later, according to assistant Montgomery County prosecutor John Amos.
Amos and defense attorney Barbara J. Doseck gave opening statements Tuesday afternoon, June 9, in McClendon’s murder trial. Both cited video footage of the Feb. 8 shooting at the Marathon gas station, 4351 Riverside Drive, Harrison Twp. Amos said it was evidence of a cold-blooded execution, while Doseck said the footage would show Driscoll was the aggressor.
McClendon, 23, of Trotwood, is charged with murder, felonious assault and improper handling of a firearm in a motor vehicle. All of the charges include gun specifications, which would automatically add three years to any possible sentence.
His trial before Common Pleas Judge Dennis J. Langer, which started Tuesday, is expected to last through the week, possibly into next week.
Amos said Driscoll, a Sinclair Community College student, had been at a party with other Sinclair students at an apartment off Riverside Drive. About 3:30 a.m., Driscoll and two friends walked to the gas station to get cigarettes. As they walked through the parking lot, McClendon pulled into the lot, revving the car’s engine and driving toward them, Amos said.
Driscoll and McClendon had a “brief verbal altercation” inside the store, then McClendon left and went back to his car, which was at a gas pump. Driscoll’s two friends went around behind the gas station to avoid trouble, but Driscoll walked out to the gas pump and exchanged words again with McClendon, Amos said.
That’s when the two shook hands and hugged. But as Driscoll was walking away, McClendon summoned him back, then shot him five times, once in the thigh, three times in the abdomen and once in the head. He then fled the scene in the car, Amos said.
Driscoll died at the scene.
“They were complete strangers,” Amos said, adding that Driscoll had done “absolutely nothing to provoke deadly force.”
Doseck told the jury that McClendon did shoot Driscoll, but “the question you’re goiing to have to answer is why. This tape is the best witness.”
Doseck cited the “domino theory,” and asked “Who pushed the first domino down in this incident?”
Had Driscoll not approached McClendon at the gas pump, “we would not be here,” Doseck said.
McClendon was arrested hours after the shooting, when a sheriff’s deputy passing a Riverside Drive apartment complex spotted a green Pontiac which matched the description of the car in the store’s video footage. The deputy touched the hood, and the car was still warm, Amos said.
The car was registered to a woman who lived in the apartment complex, but days before the shooting, a Dayton police officer filed a report after stopping McClendon in the same car, Amos said.
Deputies knocked on the car’s owner’s apartment door, and she let them in. Inside, they found McClendon sleeping with a handgun under his pillow, Amos said. The gun is a .22 caliber, as were the bullets removed from Driscoll’s body, Amos said.
About a month before Driscoll’s slaying, McClendon was given probation in lieu of conviction for carrying a loaded and concealed weapon, according to county court records. A background check found he also has numerous arrests, including for drug possession and assault.
Accused Northland Village shooter is indicted for attempted murder
DAYTON — A Montgomery County grand jury has indicted a Northland Village Apartments man accused of shooting his neighbor.
The grand jury indicted Sean Powers on Monday, June 8 on a single count of attempted murder, two counts of felonious assault, and counts of discharging a firearm, tampering with evidence and being a felon in possession of a firearm.
Powers is accused of shooting Deon Ramey, 21, on May 29 in Harrison Twp. Montgomery County sheriff’s officials said Ramey survived at least three gunshots at close range, including one in his mouth and one to the chest.
Powers, 32, of Harrison Twp., shot Ramey on the Northland Village Apartments street where they live, sheriff’s officials said, because he claimed Ramey taunted Powers’ wife and threatened his family.
Convicted head of drug conspiracy could face life in prison
DAYTON — A man accused of leading a drug trafficking ring that brought hundreds of kilograms of cocaine to southwest Ohio was convicted Thursday, June 4, of federal felony charges.
Daniel Garcia-Guia, 28, a Mexican national who was living in Dayton, had been on trial since May 18. The jury deliberated for two hours before finding him guilty of all charges:
• one count of conspiracy to distribute controlled substances
• one count of possession with intent to distribute controlled substances
• and one count of engaging in a continuing criminal enterprise which involved at least 150 kilograms of cocaine, and which had Garcia-Guia among its principal leaders or organizers.
Garcia-Guia faces a mandatory sentence of life imprisonment without parole for his role as one of the principal leaders or organizers of this “continuing criminal enterprise,” according to the U.S. Attorney’s Office.
U.S. District Judge Walter H. Rice scheduled a sentencing hearing for Sept. 3.
“The crimes of conspiracy and drug trafficking are each punishable by a mandatory sentence of at least ten years up to life imprisonment,” said Gregory G. Lockhart. U.S. Attorney for the Southern District of Ohio. “Operating a continuing criminal enterprise of this size among the principal leadership is punishable by life imprisonment without the possibility of release.”
Garcia-Guia’s organization brought drugs to southwest Ohio from 2005 until his arrest in April 2007, according to federal authorities. Garcia-Guia has been in federal custody since then.
Testimony presented during the trial showed that Garcia-Guia and his co-conspirators arranged for the delivery and distribution of hundreds of kilograms of cocaine from El Paso, Texas and elsewhere via motor vehicles and interstate freight shipments to the Dayton area, according to the U.S. Attorney’s Office.
As part of the investigation, DEA and FBI agents in El Paso intercepted a load of 25 kilograms of cocaine bound for Dayton, worth approximately $750,000 wholesale and having an even greater street value.
This seizure led to evidence further unraveling the conspiracy. Garcia-Guia and his co-conspirators maintained real property (or “stash houses”) in the Dayton area, wherein kilogram quantities of cocaine and large amounts of U.S. currency drug proceeds were stored, packaged and distributed, according to the U.S. Attorney’s Office.
During the investigation, law enforcement seized over $3 million in cash drug proceeds from one such location during execution of a search warrant in 2005.
Twenty-two others indicted along with Garcia-Guia in and after May 2007 have entered guilty pleas and have been sentenced or are awaiting sentencing. Two others remain at large and are fugitives and are believed to have left the country. An additional defendant is believed to have been murdered while in Mexico, according to the U.S. Attorney’s Office.
Lockhart commended the DEA and Organized Crime and Drug Task Force agents who conducted the investigation, and Assistant U.S. Attorneys William Schenck and Andrew Hunt, who prosecuted the case.
Ex-coach Greenberg pleads not guilty to Internet sex charges
DAYTON — Former Chaminade Julienne High School girls basketball coach Marc Greenberg pleaded not guilty Thursday, June 4, to 12 counts of using the Internet to transmit obscene material to individuals younger than 16.
Greenberg, 32, appeared briefly before U.S. District Judge Thomas M. Rose. He was indicted May 27. Conviction on each count carries a maximum punishment of 10 years imprisonment.
Federal agents arrested him May 4 at his Kettering law office and charged him with 12 counts of violating federal obscenity law. Authorities claim Greenberg used computers at his office and his Centerville home to engage in graphic sexual conversation and to transmit obscene images, including videos of himself masturbating.
Greenberg has been on home detention since early May, and he had been ordered to wear an ankle bracelet to electronically monitor his whereabouts. His attorneys asked Rose on Thursday to consider allowing releasing him from electronic monitoring and allow him to return to work, noting that Greenberg is a life-long resident of the area without a criminal record, a home-owner with a family.
Rose made no decision Thursday on changing the conditions of bond, stating he would take it under advisement.
Under the bond conditions originally set up by U.S. Magistrate Judge Sharon Ovington, Greenberg is not to associate with children younger than 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.
The indictment covers several dates between Feb. 19 and April 29, and the charges are the same as in the original complaint.
The affidavit in support of the complaint alleges that beginning in late January, a New York law enforcement officer, posing as an underage female, began electronic communication with an individual who was using the screen names bballguy5555@aol.com and aig2010@aol.com.
The conversations became more sexually explicit as time passed “as he persistently suggested and requested that (the investigator) perform sexual acts for his own gratification,” according to the affidavit. He urged the “girl” to send sexually explicit images of herself and eventually sent streaming video of himself masturbating.
Investigators traced the bballguy5555 screen name, as well as the screen name aig2010@aol.com, to Greenberg’s office.
Last month, Greenberg told an undercover investigator posing online as a 13-year-old girl from New York that he had purchased airline tickets to fly there to meet the girl for sex, according to the affidavit.
Greenberg never made the trip. He told the investigator his wife had discovered a credit card bill with the airline charges and asked him about it. Greenberg said he told his wife the credit card had been stolen and he had canceled the trip, according to the affidavit.
The affidavit also alleges that Greenberg, using the same screen names, also engaged in similar conversations with a person who he believed was an underage daughter of a military service member but who was, in fact, a Naval Criminal Investigative Service investigator.
The charges against Greenberg do not allege any illegal conduct by him in his role as the Chaminade Julienne girls basketball coach. FBI investigators and Dayton police interviewed students involved with the girls basketball program, according to school officials. The students’ parents were notified of the interviews and invited to morning briefing sessions.
School officials said they have no reason to believe CJ students are victims.
Greenberg, who led the CJ girls basketball team to a state championship in 2005, has been involved with the program since the 1996-97 season, according to school officials.
Greenberg is a Northmont High graduate. According to bio posted on his law firm’s Web site, Greenberg is a 1999 graduate of the University of Dayton with a bachelor’s degree in business administration, and a 2003 graduate of the UD School of Law, where he graduated with honors.
Indicted Dayton officer remains free without bond
DAYTON — Dayton Police Officer Phillip Brooks Sr., accused of illegally selling three impounded cars, remained free on his own recognizance after an arraignment Thursday morning, June 4.
Brooks and his attorney Daniel O’Brien stood mute during the brief hearing, and Montgomery County Common Pleas Judge Michael L. Tucker entered not guilty pleas into the record.
By allowing Brooks to remain free without posting bond, the judge was following the recommendation of the court’s pre-trial services division, which found that Brooks was not a flight risk, O’Brien said.
Brooks, 43, who was indicted May 21 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.
During a May 22 press conference, O’Brien said the witnesses against Brooks were “known crackheads” and “admitted serial liars.” He also said that his handwriting experts would show that Brooks did not sign the documents.
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.
Brooks faces up to 59 years in prison if convicted.
Judge issues injunction preventing new Dayton Fire Department position
DAYTON — A Montgomery County Common Pleas judge has prevented the city of Dayton from creating a new position of House Commander, as asked by the firefighters’ union, but is allowing some compromises until the matter can be decided by an arbitrator.
“There’s a little give and take here,” said Lt. Mike Fasnacht, president of International Association of Firefighters Local 136 on Monday, June 1.
Judge Michael L. Tucker issued the injunction on Friday, May 29. City attorneys were not available for comment late Monday.
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.
Tucker’s injunction prohibiting the position of House Commander will remain in effect until an arbitrator can rule on the union’s grievance and all appeals are exhausted.
The injunction allows the city to require employees to work one rank above their current classification if those employees are on the civil service promotional list for that higher rank. Before working out of rank, those employees will receive training, according to the order.
Fasnacht acknowledged that Tucker’s order is similar to a compromise measure union officials negotiated with the city. Union members voted against implementing the compromise April 17.
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.
City Manager Rashad Young said May 18 that the city has the right to implement policies and procedures. He denied that the proposed 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. He also said that he expects the city to win both the grievance, so there is no reason to wait.
Man who shot teenage mother in face will be sentenced June 8
DAYTON — A Dayton man accused of shooting a teenage mother in the face while her 3-year-old son sat between her legs will be sentenced Monday, June 8.
Gregoryon T. Williams, 18, of 36 Gordon Ave., was to go on trial Monday, June 1, on two counts of felonious assault and one count of being a felon in possession of a weapon. He pleaded guilty to all charges on May 26.
Police said Williams had a drug-related felony conviction as a juvenile.
The Jan. 8 shooting incident at the DeSoto Bass public housing complex was originally described as the result of a game of Russian roulette, though police later said it was an actual assault.
Williams, the teenage girl, the boy, and a woman were in an apartment in the 1700 block of Banker Street at about 10:45 p.m., although none of them lived there. Williams and the 17-year-old girl had a disagreement, and Williams picked up a .357-caliber Magnum revolver, police said.
Williams emptied five of the six bullets from the cylinder and pointed the gun at the girl. While the teenager and the woman pleaded with Williams to put the gun down, he pulled the trigger three times while holding the revolver less than two feet from the teenager’s face. On the third pull, the gun went off, sending a bullet into the girl’s lower jaw, police said.
Williams fled and was arrested at 11:20 p.m. at 4744 Germantown Pike, according to jail records.
The teenager was transported to Miami Valley Hospital , where she underwent surgery to remove the bullet from her throat. Her wound was not considered life threatening, police said.
The woman witness originally told police the incident was “like a game of Russian roulette,” according to police.
The 3-year-old was not harmed, although he was covered in his mother’s blood when police found him, police said.
