Fenwick graduation 2012
Ponitz graduation 2012
Cars and Parts Swap Meet
Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > March
March 2010
Second child endangering conviction returns man to prison
DAYTON — A Huber Heights man who served a prison term for shaking and injuring his infant son was sentenced to 18 months in prison last week on a new child endangering conviction.
Jeremiah Gaddis, 25, was convicted of the new charge, which involves a different child, on Feb. 22 after a trial. Gaddis was acquitted of a second child endangering charge. He appeared before Montgomery County Common Pleas Judge A.J. Wagner on Thursday, March 25 for sentencing.
Wagner sentenced Gaddis to the maximum prison sentence for a fourth-degree felony.
Huber Heights police arrested Gaddis at his home, 8311 Mt. Carmel St., on May 27, the same day he was indicted on both counts.
Gaddis was paroled Oct. 15, 2008 according to the Ohio Department of Rehabilitation and Correction.
That conviction, in Butler County Common Pleas Court, was for attempted child endangering. Gaddis, who then lived in Fairfield, was accused of shaking and injuring his infant son while at the child’s mother’s Middletown home.
Ethan Gaddis was 5 months old in October 2006 when an ambulance brought him to Middletown Regional Hospital’s emergency room. The boy was suffering from a head injury.
Gaddis told police he was watching the boy at the mother’s residence when the boy fell off the couch. The mother was not home at the time, police said.
After the baby was transported to Cincinnati Children’s Hospital Medical Center, investigators learned that the boy’s injuries and Gaddis’ story didn’t match up. Doctors said the baby was suffering from bleeding on the brain, and that the injury could not have been caused by a fall from the couch, police said.
Permalink | |
Darke County heroin conspirator sentenced to prison
DAYTON — The final conspirator of a Darke County heroin ring was sentenced to six years in federal prison Thursday, March 25.
U.S. District Senior Judge Walter H. Rice sentenced Patrick Antwan Matthews to 60 months in prison on one count of possession of a firearm in furtherance of a drug-trafficking crime. His one-year sentence on a single count of conspiracy to distribute heroin will be served consecutively.
Matthews, 25, of Dayton, pleaded guilty to the charges Nov. 10. His two co-defendants, a Greenville couple, have already pleaded guilty to the same charges. Aaron James Miracle, 21, was sentenced Dec. 18 to two consecutive prison terms of 60 months each, for a total of 120 months. Miracle’s wife, Melissa Marie Yagle-Miracle, 24, was sentenced on March 18, to 120 months imprisonment.
The conspiracy, which occurred between October 2008 and February 2009, became the subject of a Darke County Drug Task Force (DCDTF) investigation. During the investigation, DCDTF, on eleven occasions, purchased heroin from one or more of the conspirators at the Miracles’ residence at 1337 N. Chippewa Drive, Greenville, according to the statement of facts filed in court.
The trio purchased heroin from a supply source in Dayton and sold about 150 grams of the heroin to various customers who came to the Chippewa Drive address. On February 20, 2009, law enforcement investigators executed a search warrant at the Greenville residence. They discovered heroin and numerous firearms, including a Smith and Wesson .40-caliber handgun which was possessed and used in furtherance of the drug trafficking conspiracy, according to the statement of facts.
Permalink | |
Abbey Credit Union robbery suspect pleads guilty to felony charges, admits to other crimes
DAYTON — A suspect in the December robbery at Abbey Credit Union in Vandalia pleaded guilty Thursday, March 25, to two felony counts: one count of armed credit union robbery and one count of brandishing a firearm during and in relation to a crime of violence.
Chukwuemeka O. Eziolisa, 25, of Trotwood, appeared before U.S. District Magistrate Judge Michael R. Merz. He will be sentenced by U.S. District Judge Thomas M. Rose on June 18.
Eziolisa entered Abbey Credit Union on Falls Church Drive on December 19 wearing black clothing, black gloves, and a black ski mask. Eziolisa brandished a .380 Bryco Jennings handgun and demanded money from credit union employees, fleeing with cash, according to the statement of facts filed in court.
Officers later seized the loaded firearm at Eziolisa’s residence during the execution of a search warrant.
As part of his plea, Eziolisa admitted committing additional crimes, including an attempted robbery of the DayMet Credit Union, 4988 Wagner Ford Road, on December 4 and a related abduction attempt, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
Eziolisa sat in the parking lot of the DayMet, waiting for the credit union to close, then followed the credit union manager as she drove away in her car. When she stopped at a restaurant on her way home, Eziolisa pulled up next to her car, pointed a firearm at her, and told her to get back in the car. His intention was to take her back to the credit union so that he could rob it, Stewart said.
The manager thwarted the attempted abduction by yelling, fleeing to a neighboring business and obtaining help, while Eziolisa fled the scene.
Eziolisa also admitted to robbing the Check Into Cash, 6202 Brandt Pike, Huber Heights on December 5. He donned a black ski mask, brandished a firearm, and demanded money from an employee, again fleeing with cash, Stewart said.
Eziolisa has been in custody since his Dec. 29 arrest. He faces up to 25 years in prison on the armed credit union robbery charge and a consecutive term of at least seven years up to life imprisonment for brandishing the firearm during and in relation to the robbery.
Both counts carry additional penalties including a fine of up to a $250,000 and up to five years of probation on each count. He also faces additional non-binding federal sentencing guidelines enhancements for the additional robbery and attempted abduction and robbery.
Permalink | |
Antioch Shriner embezzlement case leads to guilty plea
DAYTON — A Huber Heights woman accused of embezzling $478,000 from the Antioch Shrine pleaded guilty Wednesday, March 24, to one count of bank fraud.
Wanda Fox, 67, who worked for the Shrine, appeared before U.S. District Senior Judge Walter H. Rice, who set sentencing for June 25, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
Using a check writing computer software program at her workplace, Fox fraudulently created approximately 192 checks in various amounts totaling approximately $468,287 from the period of April 2002 until August 2009. The checks were made payable to Fox, her husband or “National City Bank” and were drawn on Antioch’s National City Bank checking account, according to the statement of facts filed with the court.
Fox would then travel to various local National City Bank branches, where she would deposit them in a personal checking account or cash them, the statement said.
On four separate occasions, Fox also withdrew a total of about $10,000 from Antioch Shrine’s accounts. Fox fraudulently represented to National City Bank that she had the authority to withdrawal money. Fox used the fraudulently obtained funds to pay for her personal expenses, to pay off debts, and for other unlawful purposes, the statement said.
Fox was arrested on October 21, 2009 and has been free on bond since her arrest. She faces a sentence of up to 30 years imprisonment, a fine of up to $1 million, and up to five years of probation. Her plea agreement requires Fox to make full restitution to Antioch Shrine and National City Bank.
Permalink | |
Woman in child porn case sentenced to 20 months
DAYTON — A local woman accused of enticing an Arizona teenager to make child pornography by emailing her a picture of his penis was sentenced Wednesday, March 23 to 20 months imprisonment.
Kendra L. Sasser, 33, pleaded guilty July 29 to one count of possessing child pornography, could have faced up to 10 years in prison, but also could have been given probation.
U.S. District Judge Thomas M. Rose said he would allow Sasser to voluntary surrender to federal authorities at a later date, and would recommend that the U.S. Bureau of Prisons sent her to a camp facility instead of a prison.
Rose said he struggled with the sentence, noting that Sasser did not have a criminal history and did not appear to be a pedophile.
“I don’t conclude that a sentence anywhere close to 120 months is necessary,” Rose said. “I also don’t conclude that probation is appropriate.”
Sasser, who wept throughout the hour-long hearing, began sobbing loudly. So did her family members, including her grandmother, who earlier begged Rose not to incarcerate Sasser.
The boy was 16 at the time of the Internet communications, which occurred throughout August and September 2007. Assistant federal public defender Tom Anderson told Rose that a 16-year-old can consent to sex with an adult, both under federal and Ohio law. He said that contradicted the child pornography laws, which state that no one under 18 can consent.
The boy does not see himself as a victim and said he felt no harm from the incident, Anderson said.
Assistant U.S. Attorney Brent Tabacchi told Rose that the incident was not an isolated one, and that the government had learned of two other “victims,” including another teenage boy in Oklahoma. But Anderson said there were no charges filed because there had been no exchanges of pornographic images.
Sasser declined to make any statement during the hearing.
Sasser was arrested Sept. 25, 2007 at her Miamisburg home, 28 S. Ninth St. A federal magistrate placed her on home detention days later, and she has been living with her grandparents and wearing an electronic bracelet for the past 22 months, according to assistant Federal Public Defender Tom Anderson.
Sasser has also been in counseling to deal with several issues, Anderson told Rose.
Sasser had been in contact with the boy, who lived in Yuma, for several weeks and the two exchanged explicit photos, according to an affidavit filed by FBI Special Agent Scott W. Warren.
According to the complaint, Sasser used MySpace.com and XBox LIVE to entice the boy to produce images and videos of himself. During an online chat session Aug. 10, 2007 with him, Kendra Sasser noted she had been disappointed to learn his age.
The investigation started after Sasser’s husband, Ron, contacted the Montgomery County Sheriff’s Office on Aug. 6, 2007. He said his wife was having sexually explicit communications with minor males via the Internet, according to the affidavit.
Ron Sasser had been monitoring his home computer since late July, when he installed software designed to capture and record keystrokes.
She was using MySpace to chat with the boy when the discussion about his age occurred, according to the affidavit. The two were chatting online Aug. 27 when she sent the boy a picture of her face. He asked for more pictures.
According to the affidavit, she responded: “This last pic is 4 ur personal enjoyment grinzz you gotta make sure this last pic no one sees okay?” she wrote. “You might wanna hide this one. You can’t let parents see it or ur screwed srsly!”
Sasser downloaded a picture of her genitals from her cell phone and e-mailed it to him. They then continued in sexually explicit conversation.
“It’s weird because of the age difference and because you live on the other side of the country, that’s what’s weird,” the boy wrote in the middle of the conversation.
“Ohhhhhhh now who is bringin up the age thing?” she responded.
On Sept. 4, she asked the boy for a picture of his genitals. He sent one. After Sasser asked for another, he sent a second.
During their online chats, the two also discussed using Xbox LIVE video chat to give a “free show to each other.” The boy said he did not have the money.
On Sept. 11, Sasser bought a $40 gift card from a Game Stop store in Centerville and mailed it to the boy.
GameStop determined the card was used Sept. 14 to purchase an Xbox LIVE Web camera from an EB Games store in Yuma.
The boy’s MySpace profile identified him as 16 years old in 2007. The FBI confirmed his age through the registrar at a high school in Yuma, according to the affidavit.
Permalink | |
DPS desegregation case ends after 38 years
DAYTON — The Dayton Public Schools unequal education case, filed by the NAACP in 1972 and settled nearly eight years ago, came to a close on Monday, March 22.
U.S. District Senior Judge Walter H. Rice, in his ruling Monday, agreed with the school district that his jurisdiction over the settlement agreement ended in 2007, effectively ending the case.
“We’ve come to a resolution that in the end will help our school district,” said Superintendent Kurt Stanic.
NAACP local president Derrick L. Foward said he was not disappointed in the ruling and held a joint news conference with Stanic, incoming Dayton Superintendent Lori Ward and Dayton school board President Jeffrey J. Mims Jr.
“We’re going to stand in solidarity to continue to work together as the NAACP and Dayton Public Schools,” Foward said Wednesday at NAACP headquarters on West Third Street. “There will still be in place some accountability as it relates to the monitoring of the school district,” Foward said.
The 2002 settlement between the NAACP, the district and the state, also ended busing for racial balance. It shifted the focus from racial balance to the quality of education, with a five-year plan for improving academics, estimated to cost $30 to $35 million. The settlement also gave the district $32.3 million in state funds.
The promise of new schools helped convince the NAACP to agree to drop the desegregation order.
“I’m glad we ended so we could get some new schools, better facilities,” said the Rev. Renee Sheppard, a 30-year Dayton community volunteer attending the press conference.
Permalink | |
Animal hospital clerk who stole customer credit cards is sentenced to prison
DAYTON — A former Kettering Animal Hospital clerk who admitted to using customer’s credit cards for personal use was sentenced Tuesday, March 23, to three years in prison.
Michael E. Rohrer, 23, appeared before Montgomery County Common Pleas Judge Michael T. Hall. Rohrer pleaded guilty to a 40-count indictment before Hall on Feb. 23.
Rohrer pleaded guilty to 13 counts of misuse of credit cards, 13 counts of theft, 13 counts of identity fraud and one count of receiving stolen property.
Rohrer photocopied the credit cards that customers used to pay the business. Between May and August, Rohrer used the credit card information to pay for hotel rooms and room service in Columbus.
“The callousness he displayed in his spending spree is simply amazing,” said Montgomery County Prosecutor Mathias H. Heck, Jr., after Rohrer pleaded guilty. “He used other people’s credit to pay for expensive hotel rooms and fancy meals.”
Permalink | |
Higgins Station slaying trial opens
DAYTON — Prosecutors said Richard Evans hit Stephen Moody with a gun without provocation. Evans’ defense attorney said it was a fist, and that Evans thought Harris was in a fight with an acquaintance.
Moody died Oct. 3, a week after he was hit outside the Higgins Station bar in Trotwood. Evans’ murder trial started with jury selection Monday and is expected to continue throughout the week.
This is one of two murder trials which started Monday in Montgomery County Common Pleas Court. Gudonavon Taylor is being tried in Judge Gregory F. Singer’s courtroom on charges in the December 2008 slaying of Jerod Bryson. Evans’ trial is before Judge Mary Katherine Huffman.
There were no fights inside Higgins Station, 420 E. Main St, on Sept. 26, but several fights broke out in the parking lot after the bar closed about 2:30 a.m., assistant Montgomery County prosecutor Jennifer Marshall told the jury during her opening statement on Tuesday, March 23.
“It was total chaos,” Marshall said.
Moody broke up a fight and was standing still when Evans struck him on the left side of his face with a gun. The blow knocked Moody out and he collapsed, Marshall said.
Evans fled the scene. Police arrived but there were still more than 100 people in the parking lot, with numerous fights happening, so police did not notice Moody on the ground, Marshall said.
Moody’s friends took him to Good Samaritan Hospital, but he was transferred to Miami Valley Hospital, where he died without ever regaining consciousness, Marshall said.
Harris, who has a prior felony conviction, was not allowed to possess a firearm, Marshall said.
But defense attorney Scott Calaway said that there was “no competent or credible evidence” to support the state’s charges.
“Richard Evans did not murder Stephan Moody,” Calaway said. “You’ll see no evidence of a gun.”
Evans, who did not realize Moody was trying to break up a fight, hit Moody with his fist, Calaway said.
Evans, 29, was indicted on two counts of murder, two counts of felonious assault, two counts of involuntary manslaughter and one count of being a felon in possession of a weapon. Police arrested him Nov. 2 at his girlfriend’s apartment at 3321 Valerie Arms Drive.
Permalink | |
Two murder trials started Monday
DAYTON — Gudonavon Taylor “executed” his partner in selling drugs during an argument about money, an assistant Montgomery County prosecutor told a jury Monday, March 22.
“By shooting him over and over and over again,” Erin Claypoole said, adding that seven bullets were recovered from the body of Jerod Bryson. But defense attorney Richard Skelton said that prosecutors’ lead witness, Louise Tamlyn, later admitted she was high on crack cocaine at the time, and that her statements to police changed substantially during the days after Bryson’s Dec. 7, 2008 slaying, including her description and identification of the alleged shooter. “As to when she smoked the crack, the statements are all over the board,” Skelton said.
This is one of two murder trials which started Monday in Montgomery County Common Pleas Court. Taylor is being tried in Judge Gregory F. Singer’s courtroom. In Judge Mary Katherine Huffman’s courtroom, Richard Evans is being tried in the Sept. 26 beating death of Stephen Moody outside the Higgins Station bar in Trotwood. Both trials are expected to continue throughout the week Taylor, 19, was 17 when police arrested him in his Wayne High School classroom. At the time he was arrested, he lived at 5237 Fishburg Road.
Taylor was indicted on three counts of murder, two counts of felonious assault and one count of being a felon in possession of a firearm. Bryson, 25, also known as Jerod Wynn, had convictions for aggravated robbery and drug possession (crack cocaine). He was shot in the 200 block of Warren Street.
In a March 2008 hearing in Juvenile Court, Tamlyn, who lived in a rooming house at 116 E. Lincoln St., said that she let Bryson and Taylor sell drugs in the common area of the house. Juvenile Court Judge Anthony Capizzi found probable cause that Taylor was responsible for delinquency murder. His age and the seriousness of the charges sent the case to adult court.
Evans, 29, was indicted on two counts of murder, two counts of felonious assault, two counts of involuntary manslaughter and one count of being a felon in possession of a weapon. Police arrested him Nov. 2 at his girlfriend’s apartment at 3321 Valerie Arms Drive.
Trotwood police said Evans pistol-whipped Moody on the head outside the bar, 420 E. Main St., on Sept. 26. Moody lapsed into a coma and died Oct. 4 at Miami Valley Hospital. Investigators said witness statements led them to believe Moody was trying to break up a fight outside the bar.
Trotwood police temporarily shut down Higgins Station on Oct. 29 after a judge approved a temporary restraining order in response to two homicides and other instances of violence at the bar.
Permalink | |
Bank robbers sentenced to prison terms
DAYTON — Two men were sentenced to federal prison terms last week for their roles in a 2008 bank robbery during which shots were fired and a teller was assaulted.
U.S. District Judge Thomas M. Rose sentenced Johnny Wilkerson, 25, of Dayton, to 13 years in prison on Friday, March 19. Two days earlier, Rose sentenced Jeremy Lewis, 23, to 24 years in prison. Lewis’ sentence is to be served consecutively to a previously imposed one-year state prison sentence for unrelated crimes.
A third accomplice in the Dec. 4, 2008 robbery of the Key Bank on Linden Avenue, Trey Geter, 23, was sentenced on January 22 to 12 years in prison.
Wilkerson pleaded guilty Nov. 24, to one count of armed bank robbery and one count of co-conspirator liability for discharge of a firearm during a crime of violence. Geter pleaded guilty on March 25, 2009 to one count of armed bank robbery with forced accompaniment and one count of discharge of a firearm during a crime of violence.
Rose found that Lewis was the leader or organizer of the robbery crew. Lewis pleaded guilty Dec. 7 to one count of armed bank robbery with forced accompaniment and one count of co-conspirator liability for discharge of a firearm during a crime of violence.
Lewis, Wilkerson and Geter entered the bank about 9:33 a.m. with hoods and masks covering their heads and gloves on their hands. Geter immediately fired a semiautomatic handgun into the ceiling of the bank lobby, followed by a demand for everyone to get to the ground, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
While Wilkerson stood guard in the lobby, Geter and Lewis vaulted the teller counter, gathered money from the teller drawers, and then forced a teller to open the bank’s cash vault. After the teller was initially unable to open the vault, Geter fired his handgun once again, this time next to her head, and Lewis assaulted the teller, who suffered a concussion as a result of the assault, according to Stewart.
The gunmen terrorized customers and employees, including an elderly woman, as well as a Dayton city employee who was at the bank that morning to withdraw funds to pay for his mother’s funeral. The robbers took the employee’s cash as well as his wallet containing his IDs, credit cards, and several hundred dollars in funeral expense money, Stewart said.
The three men fled the bank after the teller was unable to open the vault and drove to Lewis’ girlfriend’s apartment. While on their way to the apartment, dye packs included among the stolen cash exploded. Lewis instructed his girlfriend to buy nail polish remover, mistakenly believing it would assist in removing the red dye from the stolen money and from certain articles of clothing.
Law enforcement officers traced the three to the apartment, where they were arrested later that day. Officers recovered red-dye stained cash and clothing, bottles of nail polish remover, the .45 caliber Taurus handgun used during the robbery, .45 caliber ammunition, the bank customer’s wallet and identification, and other items.
The three have been in custody since their arrest.
Permalink | |
Ex-offender rehabilitation effort receives $720,000 grant
DAYTON — A $720,000 state grant will fund a center to help ex-convicts become productive members of society, the Montgomery County Commission announced Friday, March 19.
“This grant will provide case management, employment services and drug and alcohol services for ex-offenders,” said U.S. District Senior Judge Walter H. Rice, who has co-chaired the county’s re-entry task force with Commissioner Debbie Lieberman for two years.
The “Byrne Memorial Justice Assistance Grant” comes from the Ohio Department of Criminal Justice, which announced $4.7 in federal stimulus funds Friday in 14 areas to support re-entry initiatives. The Darke, Miami and Shelby counties re-entry task force netted $170,000 and the Clark County task force received $150,000. Those funds will be used to develop re-entry programs.
The Montgomery County task force has developed a strategic plan, identifying several issues that cause barriers for ex-offenders, including housing, family problems and employment. The Task Force has more than 75 community leaders, including elected officials, law enforcement officials, faith-based leaders, employers and ex-offenders.
The new grant will fund a Welcome One-Stop Re-entry Center (WORC) and a Montgomery County Office of Ex-Offender Re-entry, where ex-offenders will have their needs assessed and get access to services they need to help successfully re-integrate into the community, Rice said.
“We are very excited about the transitional jobs incubator, which will provide resources to the community for the development of transitional jobs programs that have been very successful throughout the country in assisting ex-offenders to gain full-time employment,” Rice said.
The grant period will cover 20 months. It will allow the pieces of the re-entry effort to be developed while officials continue to seek permanent funding, according Cathy Petersen, communications director for the county.
Ohio’s prisons are currently at 132 percent capacity and many county jails remain overcrowded. But nearly every person incarcerated in a jail and about 97 percent of those incarcerated in prisons nationwide will eventually be released, according to task force reports.
Spending on corrections has increased faster than any other item in state budgets except health care, and two out of every three people released from prison are re-arrested within three years of release. Three-quarters have a history of substance abuse, and two-thirds lack a high school diploma.
“These federal funds will allow us to implement the strategic plan and really see changes in how our community works with people coming back to Dayton and Montgomery County from the Ohio prison system,” Lieberman said.
Permalink | |
Drunk driver who killed woman gets 7-year sentence
DAYTON — a Dayton man convicted of killing a West Alexandria woman while driving drunk was sentenced Thursday, March 18, to seven years in prison.
Justin M. Henderson, 21, appeared before Montgomery County Common Pleas Judge Dennis J. Langer, who noted that Henderson was underage at the time of the accident, that he had prior convictions for drunk driving offenses and was driving under suspension at the time.
“You shouldn’t have been drinking at all,” Langer said. “You shouldn’t have been driving at all.”
Langer also suspended Henderson’s driver’s license for life, and ordered him to pay nearly $8,500 in restitution.
Henderson could have received a 10-year sentence. Langer said that “the court is convinced that you are genuinely remorseful.”
Henderson wept as he apologized to the family and said that “if I could change spots for her,” he would.
He also wept and shook his head “no” as deputies handcuffed him after the hearing.
Members of both families also wept during the sentencing.
Henderson pleaded guilty Feb. 18 to two counts of aggravated vehicular homicide, plus one count of operating a vehicle while under the influence. He has two prior convictions for OVI, both in Kettering Municipal Court.
Henderson, now 21, was 20 at the time of the April 26 accident that killed 41-year-old Mary J. Farrow. Henderson’s blood-alcohol content was measured at 0.266, or more than three times the legal limit, according to a sentencing memorandum filed by prosecutor’s.
The crash occurred about 1:40 a.m. Witnesses estimated that Henderson, who was northbound on County Line Road, was traveling at between 90 and 110 mph. A crash investigator estimated that Henderson was driving at least 82 mph when he ran a red light at Research Boulevard and plowed into the driver’s side door of Farrow’s jeep, according to a sentencing memorandum filed by prosecutors.
“Mrs. Farrow was a loving wife, mother and grandmother” who had been socializing with friends and was sober when she left a friend’s home minutes earlier, according to the memorandum. “Mrs. Farrow never stood a chance as the defendant slammed into her car.”
Following the crash, a witness pulled Henderson from his car before it became engulfed in fire, police said. Another witness performed CPR on Farrow, but she was pronounced dead at the scene.
Permalink | |
Attempted contract murder leads to seven-year sentence
DAYTON — A former Montgomery County Jail inmate who tried to arrange a contract murder while he was in the jail was sentenced Monday, March 15, to seven years in prison.
Robert Rose, 27, pleaded guilty Feb. 22 to one count of conspiracy to commit murder. The sentence handed down Monday by Common Pleas Judge Connie S. Price is to be served consecutively to a two-year prison stretch Rose is serving for unrelated offenses.
The charge, a first-degree felony punishable by up to 10 years in prison, was the only indicted charge.
According to the indictment, Rose was incarcerated in the 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.
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.
Permalink | |
Mother whose daughter died from abuse sentenced to prison
DAYTON — A woman convicted of involuntary manslaughter in the 2004 beating death of her 2-year-old daughter was sentenced Thursday, March 11, to 10 years in prison, the maximum sentence.
Lisa M. Davis, 25, pleaded guilty on Feb. 12. Her daughter Elizabeth died Aug. 14, 2004 from a severe blow to the abdomen.
Montgomery County Common Pleas Judge Dennis J. Langer noted that Davis’ conviction was not for hitting her daughter, though some people believe she may have caused the fatal injuries. Instead, Davis was convicted of involuntary manslaughter as a “proximate result” of committing child endangerment by allowing her daughter to be hurt and not seeking medical attention for the girl.
It took 8 to 24 hours for the girl to bleed to death internally after someone struck her abdomen hard enough to split open her liver and nearly sever her small intestine, according to the autopsy report obtained in a 2006 Dayton Daily News examination.
That did not mean Davis had not been “a horribly abusive mother,” Langer said. On occasion, Davis would slam the girl’s head against the wall.
The girl was covered with bruises across her body, including on her temple and chin, Langer said.
Davis wept as she told Langer that “I’ve taken responsibility for not being the mother I should have been. I live every single day with the fact that I did not protect my child as a mother should.”
Following the sentencing, county Prosecutor Mathias H. Heck, Jr. said that while there was insufficient evidence to charge Davis with striking the fatal blow, there was overwhelming evidence that Davis had abused the child repeatedly during the girl’s life. He also praised Miamisburg police for their diligent investigation over a five-year period.
“These cases take time,” Heck said. “Justice was served today.”
Davis lived in Moraine when she was indicted in February 2009 on one count of involuntary manslaughter, one count of endangering children and two counts of corrupting the child with drugs. The drug counts were for allegedly providing marijuana to the girl.
She remained in the Montgomery County Jail since her arrest. In the plea agreement, all charges but involuntary manslaughter were dismissed.
Permalink | |
Basketball ambush leads to 22-year prison sentence
DAYTON — A man convicted of shooting another person during a basketball court ambush which left Thomas “Tom-Tom” Watson dead was sentenced Tuesday, March 9, to 22 years in prison.
Chamare Mays, 21, was convicted March 1 of felonious assault, tampering with evidence and one count of inducing panic, plus firearms specifications on all three counts. The felonious assault charge involved the shooting of Fabian Q. Gentry, not Watson.
However, the jury deadlocked on four counts, including two counts of murder in Watson’s death. Montgomery County Common Pleas Judge Gregory F. Singer set a June 7 date for a re-trial on those charges.
Watson, 25, was a high-ranking member of the DVH gang when he was gunned down April 16 on a College Hill Park basketball court.
Mays surrendered to police on April 21 and has been in custody since.
Dayton police said last year that Mays was one of three gunmen, some wearing masks, who fired at a group of men who were playing on the Shaftesbury Road basketball court. Mays isn’t the gunman who killed Watson, detectives said, but they believe he shot one man in the leg.
Permalink | |
Disbarred Centerville attorney’s clients awarded cash
COLUMBUS — Three former clients of former attorney Charles E. Bursey II were awarded a total of $7,029 at a Friday, March 5, meeting of the Board of Commissioners of the Clients Security Fund of Ohio.
Bursey, of Centerville, was permanently disbarred in December by the Ohio Supreme Court. Bursey, 39, misappropriated client money, forged their signatures, and mixed client money with his own, the court found.
The court, in a 7-0 opinion, said Bursey engaged in a pattern of dishonest conduct. In May, he was convicted of theft.
Bursey’s clients were among 34 victims of attorney theft who were awarded $93,494 at the Friday meeting, according to the supreme court, which announced the board’s actions on Tuesday, March 9.
The only other Miami Valley attorney listed was Keith J. Brown of Preble County, who has been suspended. One of his former clients was reimbursed $1,873 as a result of Mr. Brown’s failure to provide the services requested, according to the court.
Permalink | |
Former police officer receives jail sentence
DAYTON - A former Dayton police officer, convicted of illegally selling impounded cars, was sentenced Monday, March 8, to 90 days in jail plus five years probation.
Phillip Brooks Sr., 44, pleaded guilty to nine felonies on Wednesday, Feb. 3, and agreed to surrender his peace officer certification.
Montgomery County Common Pleas Judge Timothy O’Connell suspended a 26-year prison sentence. He also ordered Brooks to pay $2,100 in restitution to two victims.
Dayton Police Chief Richard Biehl addressed O’Connell, about his “regrettable duty” to discuss the criminal actions of an officer.
“They were a betrayal of his responsibility to protect the citizens of Dayton,” Biehl said.
But Brooks’ attorneys Daniel O’Brien and Mark Segreti said their client had merely made mistakes.
“He thought that they were abandoned,” O’Brien said. “He did not believe he was doing anything wrong.”
Under the plea 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 at his plea hearing 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, but Brooks will be ordered to pay restitution to the victims.
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 | |
Man sentenced to 32 years to life in social worker’s death
By Lou Grieco, Staff Writer
DAYTON - An alleged gang member convicted of killing a social worker during a September robbery attempt was sentenced Monday, March 8, to 32 years to life in prison.
“The Bible teaches us to love our enemy,” the Rev. Herman Branham, uncle of Stephen Branham, told Cordell Mitchell Jr. “We don’t hate you, but we hate the crime you committed against our loved one.”
Mitchell, 22, pleaded guilty Feb. 3 to all indicted charges, including aggravated murder, 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.
Judge Timothy O’Connell noted that Mitchell had a prior conviction for felonious assault, as well as a juvenile record. Mitchell was on parole for the felonious assault at the time of Stephen Branham’s slaying.
“Up until this morning you had shown no remorse for this event,” O’Connell said.
Herman Branham told Mitchell that his nephew’s death left a “void” and “excruciating pain,” for the victim’s family. He said that the Branhams would pray for Mitchell and his family.
Mitchell thanked the Branham family for their forgiveness and said that he turned everything over to the Lord.
“Everything is truly up to him,” Mitchell said. “He know my heart and he know that I didn’t mean for this stuff to happen.”
But O’Connell noted that a witness reported hearing a gunshot, followed by someone yelling “die,” then followed by more gunshots.
“This is an atrocious act,” O’Connell said. “It’s horrible. It’s unimaginable in its depth and the pain that it causes.
At Mitchell’s plea hearing last month, O’Connell said that Mitchell could face a maximum of 70 years and six months.
Branham was “well-respected” and “comes from a good family,” assistant county prosecutor David Franceschelli said after the plea hearing. “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.
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 | |
Alleged MySpace misuse leads to sex crimes indictment for New Lebanon man
DAYTON — A New Lebanon man, accused of using his MySpace page to meet underage girls, was indicted Monday, March 1, for multiple felonies involving sexual conduct with minors.
Joseph S. Cummings, 21, is charged with four counts of illegal use of a minor in nudity-oriented material, two counts of unlawful sexual conduct with a minor and one count of pandering sexually oriented material involving a minor.
Montgomery County Prosecutor Mathias H. Heck, Jr. said that Perry Twp. and Englewood police found three victims, ages 14, 15 and 16.
“While Facebook and MySpace have the ability to let friends stay in touch, they also give child molesters access to children,” Heck said. “As parents, we all need to be aware of who our children are talking to while online, and never allow them to meet strangers face-to-face.”
Using his MySpace page, Cummings posed as a 17-year-old boy. He would befriend the victims then arrange to meet them in person. He is accused of having sexual conduct with two of the victims and of taking photographs of the victims in a state of nudity.
Permalink | |
Family Services Association settles discrimination lawsuit
DAYTON — Family Services Association, Inc., a Dayton-based community service provider, has agreed to settle a disability discrimination filed on behalf of a former employee who is hearing impaired, the U.S. Equal Employment Opportunity Commission announced Monday, March 1.
The lawsuit, filed in U.S. District Court in September 2008, charged that FSA refused to promote Deron Emmons because of his disability. Emmons has a profound hearing impairment and is unable to speak, according to the complaint.
The FSA made Emmons “an inferior and disingenuous offer” to be director of Community Services for the Deaf “under terms he could not accept,” according to a statement released by the EEOC.
The terms included an annual rate of pay “significantly less” than what he was earning as a project director “because it did not want a non-verbal deaf person to direct the program,” the statement said.
FSA agreed to a five-year consent decree, in which it agreed to pay Emmons $15,000. FSA also agreed to provide training to all management-level employees, including the executive director, on avoiding employment discrimination, according to the EEOC.
FSA, which has provided service to the area for more than 100 years, offers counseling services for families and individuals, as well as community services for the hearing impaired.
Permalink | |
Gang homicide trial ends with conviction on three counts, mistrial on rest
DAYTON — A man accused of gunning down Thomas “Tom-Tom” Watson on a basketball court last year was convicted Monday, March 1, of felonious assault, but the jury deadlocked on four charges, including two counts of murder.
The jury also convicted Chamare Mays, 21, of one count of tampering with evidence and one count of inducing panic, plus firearms specifications on all three counts. The felonious assault charge involved the shooting of Fabian Q. Gentry, not Watson.
Montgomery County Common Pleas Judge Gregory F. Singer declared a mistrial on the four counts, which included two other felonious assault counts, late Monday,. The jury had deliberated for two full days before Singer declared the mistrial.
Singer set sentencing on the three convictions for March 9. He also set a scheduling conference for that date, so that prosecutors and defense attorneys can set a trial date for the remaining four counts, should prosecutors decide to re-try Mays.
Singer ordered Mays to be held without bond.
Watson, 25, was a high-ranking member of the DVH gang when he was gunned down April 16 on a College Hill Park basketball court.
Mays surrendered to police on April 21 and has been in custody since.
Dayton police said last year that Mays was one of three gunmen, some wearing masks, who fired at a group of men who were playing on the Shaftesbury Road basketball court. Mays isn’t the gunman who killed Watson, detectives said, but they believe he shot one man in the leg.
Permalink | |
