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Monday, October 26, 2009
Trial opens in gang slaying at memorial cookout
DAYTON — The trial of Theron Lewis, accused of gunning down a man at a memorial cookout for a fallen gang member, started Monday, Oct. 26 with testimony about Lewis’ prior felony conviction and the fatal injuries to Isaac Watson.
“It’s a senseless killing,” assistant Montgomery County prosecutor Mike Brush told the jury. “It’s an absolute tragedy and unfortunately, it’s all too common.”
But defense attorney Scott Calaway told the jury that Lewis did not shoot Gibson, and that jurors would not convict Lewis because “there is simply no competent and credible evidence to support that conclusion.”
The trial will continue Wednesday and is expected to continue through the week.
Lewis, 24, is on trial before county common pleas Judge Frances E. McGee on counts of murder, felonious assault and being a felon in possession of a weapon. All of the charges deal with the April 25 death of Gibson.
Lewis is still awaiting trial on charges connected to shots fired at mourners leaving a May 11 funeral for Raymond “Byrd” McDaniel at St. Paul Global Outreach Ministries, 2050 Germantown St. Lewis shot at an Otterbein Mafia member but missed and when his gun jammed, he fled from the church parking lot, police said.
Gibson, 25, was shot at a cookout that followed funeral services for Thomas “Tom-Tom” Watson, who was killed April 16. Police said Gibson was a member of the Hunnid Block Boys and Lewis, also known as “T. Streets” was with the Dayton View Hustlers.
Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Thomas Watson’s cousin Keith Watson pulled out a gun and fired a shot into the ground, Brush said.
Gibson’s father and brother got him to leave the area and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.
But Calaway predicted that jurors would not find the prosecution’s witnesses to be credible, and that the real shooter’s identity was being protected by those witnesses.
“All of these individuals have criminal records,” Calaway said. “All of these individuals have connections to each other.”
Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.
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Man pleads guilty in Huber Heights stabbing case
DAYTON — A man accused of stabbing another man June 25 near a Huber Heights bar pleaded guilty to one count of felonious assault Monday, Oct. 26, one day before his trial was to begin.
James C. Harper, 22, will be sentenced Nov. 9 by Montgomery County Common Pleas Judge Connie Price.
Harper was indicted on two counts of felonious assault, which likely would have merged for sentencing purposes had he been convicted of both. He pleaded to the count of felonious assault with a deadly weapon. The second count, for causing serious harm, was dismissed.
Felonious assault is a second-degree misdemeanor, punishable by up to eight years in prison. No agreement was made on sentencing, according to court officials.
Harper was accused of stabbing Ralph Westery, 44, of Huber Heights.
Westery had been inside the Cape Lounge, 5130 Brandt Pike. He went out to his sport utility vehicle and found Harper lying on the front seat.
Westery scared off Harper and went back inside the lounge, then was told Harper had recently been released from prison. Westery then decided to go after Harper, chasing him several blocks before he caught him, according to police.
Harper stabbed Westery in the stomach with a multipurpose tool knife and ran. Police later arrested Harper near the bar, police said.
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