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December 2009
Three plead guilty to federal gun charges in connection with convenience store homicide
DAYTON — Three suspects in the August 2008 slaying of a convenience store manager pleaded guilty to federal gun charges on Wednesday, Dec. 30.
The three appeared before U.S. District Judge Thomas M. Rose, who accepted the plea agreements.
Trevor J. “Boss Man” Trammell, 19, pleaded guilty to one count of Use and Carrying a Firearm During and in Relation to a Crime of Violence. Under the plea agreements, Trammel will serve 25 years in prison.
Thaddius S. “Man” Core, 22, and Charles A. “Ed” Calahan, 24, both pleaded guilty to a single count of Interference with Commerce by Threats or Violence. Both will serve 14 years in prison.
The sentencings are set for March 26.
The three were arrested Jan. 15. At the time, Dayton police identified Trammell as a member of the Dayton View Hustlers street gang.
The charges stem from the Aug. 12, 2008 shooting death of Abdellah Ouqessou, 33, the night manager of the Kwik ‘N Kold, at 4121 Prescott Ave. just east of Gettysburg Avenue.
The suspects, with the help of a juvenile, planned the robbery, according to the statements of facts filed with the plea agreements. The statements do not identify the juvenile by name.
The juvenile introduced Trammell to Calahan so that Calahan could provide guns for the robbery. The juvenile also told Trammell that the store closed at 1 a.m.
About 12:45 a.m. on Aug. 12, the four went to the parking lot, where Calahan, Core and the juvenile acted as lookouts. About 1 a.m., Ouqessou, a Moroccan immigrant, was locking up the store when Trammell approached him with a handgun and demanded money.
“Trammell thereafter fired approximately four rounds at Ouqessou, resulting in at least one round striking him in the lower abdomen. Ouqessou collapsed and was heard screaming in agony,” according to the statements of facts.
Ouqessou died later at Miami Valley Hospital.
The arrests of the three named suspects were part of a coordinated effort, using both local and federal law enforcement officers, to target gang activity. That effort, coordinated by Dayton police Chief Richard Biehl, started about two months earlier.
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Man indicted on murder charges in January death
DAYTON — A man arrested in the Jan. 23 shooting death of Demetrius Frazier has been indicted on four counts of murder.
A Montgomery County grand jury also indicted Deon L. Pinson on two counts of felonious assault and two counts of aggravated robbery. The four murder counts are all as a “proximate result” of the other four charges, according to the indictment handed down Dec. 23.
The grand jury also indicted Demar Maxwell with tampering with evidence in connection with Frazier’s death.
Pinson, 32, turned himself in to police on Dec. 16 after learning that police had obtained an arrest warrant for him.
Maxwell, 21, has been in the Montgomery County Jail since his Nov. 24 arrest. He has since been indicted on a murder charge in another case.
Frazier, 24, was shot multiple times near the intersection of Otterbein Avenue and Layton Drive. He knocked on doors asking for help, but collapsed and died on the front lawn of a home near the shooting, police said.
Pinson and Frazier were friends, police said, and the robbery might have been set up by Pinson. Frazier was an engineering student at Sinclair Community college who was planning to transfer to the University of Dayton, his father Murphy Frazier told the Dayton Daily News in January.
Maxwell and Waymond B. Smith have been indicted on murder and other charges in the Aug. 16 slaying of David Green, 52, at his residence at 1529 Weaver St. Green was shot in the head in what police called a home invasion.
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Yaqeen indicted on murder charges
DAYTON — Mary Yaqeen, who called police Dec. 8 and told a 911 dispatcher she shot her husband, was indicted Friday Dec. 18 on two counts of murder.
The grand jury also indicted her on two counts of felonious assault, each under a different legal definition: one for “causing serious harm” and the other for “use of a deadly weapon.” The murder counts are for a “proximate result” of the felonious assault charges.
Yaqeen, 59, remains in the Montgomery County Jail in lieu of $1 million bond. She told the police dispatcher that Yunus Yaqeen, her husband since 2004, had abused her.
Officers dispatched to 324 Savannah Ave. about 3 p.m. found him dead on the living room floor from multiple gunshot wounds to the torso, police said. Detectives recovered a semiautomatic 9 mm handgun in the home.
Mary Yaqeen told the 911 dispatcher her husband displayed the gun “and turned at me and he laid it on the table and I shot him with it.”
Lead homicide detective Sgt. Gary White said last week investigators were looking into her contention that she was being abused, but said she had no signs of physical abuse when arrested.
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Man who killed girlfriend’s brother sentenced to prison
DAYTON — A man convicted of killing his girlfriend’s brother was sentenced Tuesday, Dec. 15, to 10 years in prison.
DaJuan M. Bell, 29, appeared before Montgomery County Common Pleas Judge Frances E. McGee. On Nov. 30, the day he was to go on trial in McGee’s court, Bell pleaded guilty to involuntary manslaughter, a first-degree felony.
The plea agreement between prosecutors and Bell’s defense stipulated a sentencing range of 6 to 10 years, according to a sentencing memorandum filed by defense attorney Christopher Thompson. Under Ohio law, a first-degree felony is punishable by up to 10 years in prison.
Bell had been indicted on a count of murder, but pleaded to a bill of information for the lesser charge. He also pleaded guilty to the other indicted charges: two counts of felonious assault, one count of carrying a concealed weapon and one count of being a felon with a weapon.
Bell was convicted of the slaying of Kantron Gipson, who died July 11. Gipson was the brother of Chakisha Alstork, the mother of Bell’s 2-year-old son. Gipson’s family members said in July that Gipson was angry because Bell kept hitting Alstork.
On July 11, Gipson went to the 3000 block of Wexford Place, in the Hilltop Homes housing project, to confront Bell. They argued, and Gipson was shot while running from Bell, Dayton police said.
Gipson was beating Bell while one of Gipson’s friend’s stood by, according to Thompson’s sentencing memorandum. After Bell had been punched several times, he pulled out a gun and fired a warning shot into the ground. When Gipson moved toward him again, Bell fired once, hitting Gipson in the right armpit, the memorandum said.
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Child porn conviction leads to prison time for Brookville man
DAYTON — A Brookville man was sentenced Tuesday, Dec. 15, to 27 months in federal prison for possession of child pornography.
Zachary M. Holbrook, 22, appeared before U.S. District Judge Thomas M. Rose. He pleaded guilty Oct. 6 to one count of child pornography possession.
Holbrook was arrested Oct. 22, 2008, after making contact with an undercover officer from the Fairborn Police Department who was posing as a 14-year-old female on Yahoo! Messenger.
Holbrook had made arrangements to pick up the “girl” at the BP station on Dayton-Yellow Springs Road in Fairborn. Instead, Holbrook was met and arrested by the undercover officer, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
The day before, Holbrook sent photos of himself, exposed himself using a Web camera, and solicited sex from the undercover officer, Stewart said.
Forensic analysis of Holbrook’s computer revealed about thirty-three (33) videos, twenty-five (25) images, and fifty (50) thumbnail images containing visual depictions of actual children engaged in sexually explicit conduct. Some included depictions of sadistic or masochistic conduct or other depictions of violence. Others included children having intercourse with adults or other children, Stewart said.
Rose ordered Holbrook to enroll in a residential sex offender treatment program while serving his prison term and to serve five years of supervised release, a form of parole, after his prison term. He was also ordered to register as a sex offender upon his release from prison.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.
Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/ http://www.projectsafechildhood.gov/ .
Stewart commended the cooperative investigation by officers and agents of the FBI, Fairborn and Brookville police departments, and Assistant U.S. Attorney Laura Clemmens, who prosecuted the case.
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Mortgage fraud scheme leads to prison for former Centerville man
CINCINNATI — A former Centerville man was sentenced Thursday, Dec. 10, to 33 months in federal prison for his role in an extensive mortgage fraud scheme that affected 210 residential properties, including 205 in Montgomery County.
Julian M. Hickman, 32, now of East Cleveland, appeared before U.S. District Judge Michael Barrett. He is the second of six co-defendants to be sentenced. The first, Jessica A. Zbacnik, was sentenced Dec. 3 by Barrett to 30 months in prison.
The scheme affected 63 investors and led to foreclosure against owners of more than 90 percent of the properties, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
Hickman pleaded guilty in December 2008 to two counts of conspiracy and three counts of willful failure to file income tax returns.
In a statement of facts filed with his plea, Hickman admitted that, between March 2002 and June 2008, he and others recruited unsuspecting individuals to buy residential properties, many of them dilapidated, at prices artificially inflated above legitimate fair-market values.
Hickman admitted that he participated in 107 separate fraudulent real estate closings between March 2002 and June 2006. Hickman and his co-conspirators netted more than $3.8 million from the deals.
Hickman failed to file federal income tax returns in 2003, 2004 and 2005. In 2003, Hickman received gross income in excess of $680,000. In 2004, Hickman received gross income in excess of $830,000. In 2005, Hickman received gross income in excess of $200,000.
Zbacnik, 42, of Mason, pleaded guilty July 29 to one count of conspiracy to commit money laundering and one count of conspiracy to commit mail fraud, wire fraud and money laundering.
According to the statement of facts filed in court, Zbacnik admitted that she had helped arrange, facilitate and manipulate documents associated with real estate sales and closings. The purpose was to fraudulently obtain excess mortgage loan proceeds generated from the sale of residential properties.
There are four co-conspirators who are still awaiting sentencing:
— Edward McGee, 74, of Dayton, who pleaded guilty on May 12, 2009 to conspiracy to commit money laundering.
— Kenneth O. McGee, 49, of Dayton, son of Edward, who pleaded guilty May 12, 2009 to conspiracy to commit mail fraud, wire fraud and money laundering and conspiracy to commit money laundering.
— Robert Mitchell, 42, of Vandalia, who pleaded guilty to conspiracy to commit mail fraud, wire fraud and money laundering and conspiracy to commit money laundering on March 11, 2009.
— Kamal J. Gregory, 34, of Centerville, who pleaded guilty to conspiracy to commit mail fraud, wire fraud and money laundering and conspiracy to commit money laundering on April 14, 2009.
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Bank robber who assaulted teller pleads guilty
DAYTON — A Dayton man accused of beating a teller during a December 2008 bank robbery pleaded guilty Monday, Dec. 7, to two felony counts in U.S. District Court and faces a minimum of 20 years in prison.
Jeremy E. Lewis pleaded guilty to:armed bank robbery with forced accompaniment, which carries a penalty of 10-to life years in prison; and use, carrying and discharge of a firearm during and in relation to a crime of violence, which carries a mandatory consecutive 10-to-life imprisonment penalty.
Judge Thomas M. Rose set sentencing for March 5.
Lewis was one of three men who robbed KeyBank, 4000 Linden Avenue, on Dec. 4, 2008. Trey M. Geter and Johnny B. Wilkerson pleaded guilty to charges earlier this year.
According to an FBI agent’s affidavit filed in the U.S. District Court for the Southern District of Ohio, the three entered the bank with their faces covered. Geter, who had a handgun, then fired a round into the ceiling, and the three demanded that everyone get on the ground.
Wilkerson stayed in the lobby area while Geter and Lewis vaulted the teller counter. When a teller had trouble opening drawers in the vault, Geter fired another round into the ceiling while Lewis pulled her hair and bashed her head into the drawers, the affidavit said
The bank reported a loss of about $7,500 from the robbery.
A witness reported seeing a tan compact station wagon occupied by three suspicious individuals. The wagon was driving around the bank parking lot for a while, then the driver parked it and the three people stayed inside watching the bank, the witness said, according to the affidavit.
After viewing surveillance footage from area businesses, police gave a description of the vehicle. A Dayton officer found it parked in the Sunoco parking lot at Wayne Avenue and Keowee Street. The car had red stains consistent with dye packs, and the owner told police she had loaned the car to Lewis and Wilkerson during the time of the robbery, the affidavit said.
During a search of Lewis’ girlfriend’s Forest Park Drive apartment, police found $5,528 in dye-stained money, two activated dye packs, a bank customer’s wallet and dye-stained clothing, the affidavit said.
During an interview, Geter admitted that the three robbed the bank and said he was the one who fired the shots, while Lewis was the one who assaulted the teller, the affidavit said.
Geter’s sentencing is set for Jan. 22. Wilkerson’s is set for Feb. 26.
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Woman sentenced to 30 months in mortgage fraud case
CINCINNATI — A Monroe woman was sentenced to 30 months in federal prison for her role in an extensive mortgage fraud scheme that affected 210 residential properties, including 205 in Montgomery County.
Jessica A. Zbacnik, 42, appeared before U.S. District Judge Michael A. Barrett on Thursday, Dec. 3. She is one of six defendants convicted of charges connected to the scheme, according to federal prosecutors.
Zbacnik pleaded guilty July 29 to one count of conspiracy to commit money laundering and one count of conspiracy to commit mail fraud, wire fraud and money laundering.
In court, Zbacnik admitted that she was part of the conspiracy that took place between March 2002 and June 2008. The conspirators operated and controlled various mortgage and title insurance businesses and corporations.
According to the statement of facts filed in court, Zbacnik admitted that she had helped arrange, facilitate and manipulate documents associated with real estate sales and closings. The purpose was to fraudulently obtain excess mortgage loan proceeds generated from the sale of residential properties.
Zbacnik’s five co-conspirators were:
— Edward McGee, 74, of Dayton, who pleaded guilty on May 12, 2009 to conspiracy to commit money laundering.
— Kenneth O. McGee, 49, of Dayton, son of Edward, who pleaded guilty May 12, 2009 to conspiracy to commit mail fraud, wire fraud and money laundering and conspiracy to commit money laundering.
— Julian M. Hickman, 31, formerly of Centerville and now living in East Cleveland, who pleaded guilty to conspiracy and tax crimes on December 15, 2008.
— Robert Mitchell, 42, of Vandalia, who pleaded guilty to conspiracy to commit mail fraud, wire fraud and money laundering and conspiracy to commit money laundering on March 11, 2009.
— Kamal J. Gregory, 34, of Centerville, who pleaded guilty to conspiracy to commit mail fraud, wire fraud and money laundering and conspiracy to commit money laundering on April 14, 2009.
All five of Zbacnik’s co-conspirators are awaiting sentencing.
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Prison inmate charged with trying to arrange slaying
DAYTON — An inmate who started a two-year prison stretch last month has been indicted on charge of conspiracy to commit murder.
The grand jury handed down the indictment on Tuesday, Dec. 1, which was Robert Rose’s 27th birthday.
Rose was admitted to the Ohio Department of Rehabilitation and Correction on Nov. 2 after he was convicted in Montgomery County Common Pleas Court on charges of burglary and soliciting and on another burglary charge in Clark County Common Pleas Court. He is still at the correctional reception center, where inmates are first sent before they are assigned to specific institutions.
According to the indictment, Rose was incarcerated in the Montgomery County Jail between Sept. 14 and Oct. 20 when he solicited another inmate, Elmer Phillips, to kill another man. He offered Phillips $5,000, a car and a place to live, the indictment said.
Rose called the intended victim several times from the jail on Oct. 3 and left threatening messages for him, warning him to stay away from Rose’s girlfriend, the indictment said.
Phillips arranged for Rose to speak with an undercover detective posing as a hit man at the jail on Oct. 15. Rose offered the detective money and a car, and held up a piece of paper with the intended victim’s address, the indictment said.
On Oct. 20, Rose had a piece of paper in his jail cell with contact information for the “hit man,” the indictment said.
A warrant has been issued to transport Rose to the county jail so that he can be arraigned on Dec. 15, according to Montgomery County Common Pleas Court records.
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Grand jury indicts man accused of killing social worker
DAYTON — The man accused of killing social worker Stephen Branham was indicted Wednesday, Dec. 2, on charges of aggravated murder and other felonies.
A Montgomery County grand jury also approved two counts of aggravated robbery and one count of being a felon in possession of a weapon against Cordell Mitchell Jr.
Mitchell, 21, has been in jail since Sept. 24, when the FBI’s Safe Streets Task Force arrested him at 915 Steele Ave. Sheriff Phil Plummer said Mitchell has confessed to the killing and handed over what is believed to be the weapon that was used.
Investigators said Mitchell and another man tried to rob Branham near his residence on Sept. 6.
Branham, 46, had just returned from a club when he confronted Mitchell and was shot twice, Plummer said. The second suspect, who is known to investigators, could also face charges in the slaying.
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Woman who had sex with boy sentenced to probation, due to her poor health
DAYTON — The woman who celebrated her 55th birthday by having sex with a 12-year-old boy was sentenced Wednesday, Dec. 2, to five years probation with strict supervision.
Montgomery County Common Pleas Judge Mary Katherine Huffman said she would have sentenced Gloria J. Murphy to prison, but Murphy’s poor physical condition would send her straight to a medical ward, which would not be punitive enough.
“There would be no meaningful punishment,” Huffman said, before promising that probation would be “a lot tougher than being in prison.”
Other than appointments to the probation department or for medical treatment, “you’re not going to be out of the house,” said Huffman, who also designated Murphy as a Tier 2 sex offender.
Murphy, of 5440 Rawlings Drive, pleaded guilty Oct. 23 to one count of sexual imposition of a person under age 13. Her other charge, rape of a child under age 13, was dropped under the terms of a plea agreement.
Murphy, who uses a walker and an oxygen tube, appeared frail. Her attorney, Richard Skelton, asked that she be allowed to stay seated during the brief hearing. Huffman granted the request Huffman.
Skelton said Murphy had suffered at least one stroke and had been admitted to a hospital seven times since the incident occurred in January. Murphy also suffers from irreversible pulmonary disease, he said.
“She barely can take care of herself at this time,” Skelton said. “I know that does not erase what happened in this case.”
Murphy apologized for the incident, and Huffman noted that Murphy had taken full responsibility, never offering excuses. But Huffman said that her medical condition was the only thing that kept her from a prison sentence.
“Your behavior is not excused simply because you are a female,” Huffman said. “To say that you exercised poor judgment would be a gross understatement.”
The charge is a third-degree felony, punishable by up to five years in prison. Under Ohio law, there is no presumption for or against prison for a third-degree felony.
“Gloria, you’ve really messed my son up,” the victim’s father said during a brief victim impact statement. Murphy remained silent and did not look at the man, who said that Murphy manipulated him to get his son into her house so that she could take advantage of him.
The father said that he and his son forgive Murphy, but added that the boy is attending “ongoing counseling you don’t know nothing about.”
Dayton police arrested Murphy at 8 a.m. on Jan. 30 after the boy notified an adult that he had sex with Murphy, according to police.
The encounter happened late Jan. 28 — Murphy’s birthday — and lasted into the early hours the next day, according to Dayton police. Murphy did not force the boy to have sex, but since he is younger than 13, it is considered rape, police said.
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