Ponitz graduation 2012
Cars and Parts Swap Meet
2012 senior class photos
Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > February > 03
Wednesday, February 3, 2010
Dayton police officer pleads guilty to charges involving illegal sale of impounded cars
DAYTON — A former Dayton police officer accused of illegally selling impounded cars, pleaded guilty to nine felonies on Wednesday, Feb. 3, and agreed to surrender his peace officer certification.
Phillip Brooks Sr., 44, appeared before Montgomery County Common Pleas Judge Timothy O’Connell, who set sentencing for March 8.
This is the second time this week that a former Dayton officer has appeared in common pleas court. On Monday, Judge Connie S. Price sentenced Alan Parker to 30 days in jail. Parker pleaded guilty Jan. 4 to two counts of unauthorized use of the “LEADS” confidential database, plus single counts of complicity to commit receiving stolen property and theft in office.
Under the agreement, Brooks pleaded guilty to six counts of tampering with government records, all third-degree felonies, from his original May 21 indictment. Sixteen other counts were dismissed.
Brooks also pleaded guilty to all three counts from his Sept. 25 re-indictment: two counts of theft in office and one count of attempt to commit theft in office, all fifth-degree felonies.
Under Ohio law, third-degree felonies are punishable by up to five years in prison. Fifth-degree felonies are punishable by up to 12 months in prison.
O’Connell told Brooks that he faced up to 33 years in prison, but that he also could be eligible for probation.
Assistant county prosecutor Ward Barrentine told O’Connell that prosecutors and defense attorneys had no agreement on sentencing, leaving it to O’Connell’s discretion.
Brooks will be ordered to pay restitution to the victims, Barrentine said.
Brooks maintained his innocence during an interview with the Dayton Daily News on May 22 stating “I’m not guilty” and “I put this in God’s hands and let my attorney do what he does best.”
Brooks had been suspended without pay since April 13.
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, Dayton Police Chief Richard Biehl said in May.
Permalink | |
Gang member pleads to aggravated murder and other charges in slaying
DAYTON — An alleged gang member accused of killing a social worker during a September robbery attempt pleaded guilty Wednesday, Feb. 3, to aggravated murder.
Cordell Mitchell, Jr., 21, appeared before Montgomery County Common Pleas Judge Timothy O’Connell, who set sentencing for March 8. O’Connell told Mitchell that he faced a maximum of 70 and one half years in prison.
Mitchell pleaded guilty to all indicted charges in connection with the Sept. 7 death of Stephen Branham, including two counts of aggravated robbery and one count of possessing a firearm after a felony conviction. He also pleaded guilty to both indicted charges in connection with his Sept. 24 arrest: carrying a concealed weapon and possessing a firearm after a felony conviction.
Branham was “well-respected” and “comes from a good family,” assistant county prosecutor David Franceschelli said. “He was attacked before he could even get out of his vehicle.”
Montgomery County Sheriff Phil Plummer said in September that Mitchell confessed to the crime and handed over what authorities believe is the murder weapon.
Mitchell was arrested Sept. 24 by deputies and the FBI’s Safe Streets Task Force at 915 Steele Ave. in Dayton.
Police say Mitchell and another man tried to rob Branham near Branham’s residence in the 4300 block of Springcreek Drive in the early hours of Sept. 7.
Branham, a well-regarded social worker who facilitated classes on anger management for violent offenders, had just returned from a local club when Mitchell confronted him, Plummer said.
During the confrontation, Branham was shot twice, Plummer said.
Detectives at first ruled out robbery as a motive since Branham’s wallet and car keys were found near his body. But Plummer said — after his deputies interviewed Mitchell — that it appeared Branham was an innocent victim killed “for nothing.”
Mitchell, Plummer said, is a member of the Balla Boy Mafia, a small gang with ties to the Dayton View Hustlers, which has emerged in the last year as the most violent gang in the area.
Mitchell has a violent criminal past that includes a felonious assault with a deadly weapon conviction in April 2007, court records show. He was released from prison in December 2008 after serving a two-year sentence for the crime.
Permalink | |
