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Tuesday, August 18, 2009
Panhandler convicted of murder is sentenced to prison term
DAYTON — A panhandler convicted of murdering another homeless man was sentenced Tuesday, Aug. 18 to 24 years to life in prison.
Kevin Alsup, 33, appeared before Montgomery County Common Pleas Judge Frances E. McGee, who presided over his trial last month. On July 16, the jury convicted him of all indicted charges: two counts of murder, two counts of felonious assault and one count of tampering with evidence.
The murder and felonious assault counts were all related to the slaying of Floyd E. Drummond. Because they were for a single event, Alsup was sentenced for one count of murder and one count of felonious assault.
Drummond, 57, who was sleeping in his sleeping bag on Aug. 16 when he was bludgeoned with a heavy rock. Dayton police discovered his body, still inside the sleeping bag, at 2:22 a.m. on Maxwell Drive, which parallels Interstate 75 between First Street and Monument Avenue.
The Montgomery County Coroner’s Office ruled that Drummond, who suffered several skull fractures, died from blunt force trauma to the head.
During Alsup’s trial, prosecutors said that Alsup and another man, Larry Hudson, Jr., were panhandling together that day but separated briefly. Hudson panhandled under an I-75 overpass, then returned to Maxwell Drive, where he saw Alsup holding a heavy rock, which he picked up and slammed down at least twice.
As Hudson got closer, he saw Drummond’s body. Hudson then followed Alsup a block north to the shore of the Great Miami River, where Alsup hurled the rock into the water. Tests done at the Miami Valley Regional Crime Laboratory showed Drummond’s blood was on the shirt Alsup had been wearing that day, according to prosecutors.
The attack came because, earlier in the evening, Drummond refused to give Alsup a cigarette, according to prosecutors.
Assistant county public defender Michael Pentecost told the jury that Alsup merely found Drummond’s body after he was beaten by an unknown attacker. Alsup was curious after seeing a heavy rock on Drummond’s face and picked it up, Pentecost said.
Alsup then realized that his fingerprints could be on the rock, so he panicked and threw the rock in the river, Pentecost said. He didn’t contact police because Alsup, as a homeless man, feared contact with them, Pentecost said.
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New sex charges dropped against registered sex offender
DAYTON — The Montgomery County Prosecutor’s Office has dropped four sex charges against a former Dayton Human Rehabilitation Center guard who was convicted in 2002 of having sex with inmates.
David Sherrer Jr., 31, a registered sex offender, was indicted in March on four counts of gross sexual imposition of a person under the age of 13. He was accused of engaging in sexual contact with his girlfriend’s daughter, who was 8 at the time.
Sherrer’s trial was scheduled to start this week. The charges were dropped July 24.
Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office, said he could not comment on why the charges were dropped because the case is still open. The investigation is continuing, and the charges were dismissed without prejudice, meaning they can be refiled later, Flannagan said.
Sherrer, son of former Dayton Police Lt. David Sherrer, was accused of fondling the girl and making her do the same to him, according to police.
In 2002, David Sherrer Jr., then a guard at the DHRC, was accused of performing sex acts with three inmates. He pleaded guilty to three counts of sexual battery, was placed on five years of community control and ordered to register as a sex offender, according to common pleas court records.
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