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August 18, 2010 | Dayton Courts: Legal and crime news
 

Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > August > 18

Wednesday, August 18, 2010

Man convicted in home invasion slaying

DAYTON — A man who was to go on trial this week for the slaying of a man during a home invasion will instead be sentenced on Aug. 31.

Waymond B. Smith pleaded no contest to aggravated murder and other felony charges Monday, Aug. 16, exactly one year after the death of David Green.

Green, 52, was shot in the head at his residence, 1529 Weaver St.

Smith, 30, appeared before Montgomery County Common Pleas Judge Frances E. McGee. In addition to two counts of aggravated murder, Smith also pleaded no contest to two counts of aggravated burglary, three counts of aggravated robbery and one count of tampering with evidence, all related to Green’s death. One count of disrupting public services was dismissed.

Smith also pleaded no contest to one count of aggravated robbery in connection with a similar home invasion at 1538 Almore St. on Aug. 15, a day before Green was killed. In that case, two counts of possessing a weapon after a felony conviction were dismissed.

Smith’s alleged partner in both home invasions, Demar D. Maxwell, 21, is serving 37 years to life in prison after convictions in those cases.

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Car wash arsonist sentenced

DAYTON — A Washington Twp. man who set a fire at the Four Seasons Auto Bath in May was sentenced to six months in the Montgomery County Jail on Wednesday, Aug. 18.

Matthew Martin, 20, pleaded guilty on July 21 to one count of breaking and entering, in connection with a break-in at the Yankee Street Market, in which a safe and two cash registers were stolen and one count of arson, for the May 18 fire set at the car wash.

Martin will on intensive probation for five years under the sentence handed down by Montgomery County Common Pleas Judge Michael L. Tucker, who also ordered Martin to pay restitution to two business owners and to get help for his psychological disorders.

Martin told Tucker that he was on social security disability because of his issues. Tucker declined to send him to prison, but gave him the local incarceration as a probation condition so that he would understand there were consequences for his actions.

Martin and a juvenile were arrested May 18. The arson at the car wash was captured on surveillance cameras, and sheriff’s deputies recognized Martin and the boy.

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Man who led police to missing woman’s remains is sentenced to prison

DAYTON — Roy Vigus, who led police to the body of a woman missing since 1996 last year, was sentenced to seven years in prison Wednesday, Aug. 18.

Vigus pleaded guilty to voluntary manslaughter and gross abuse of a corpse on July 23.

Vigus walked into the Montgomery County Jail on Dec. 19 and confessed to killing Connie McCarthy, 54, and told police where to find her body. Police discovered the remains under the concrete steps of a vacant house at 1124 Wyoming Ave.

Vigus, who remained free after his confession, was booked into the jail after his guilty pleas.

McCarthy’s cause of death is listed as “homicidal violence” of an unknown type, said Ken Betz, coroner’s director. “There was no evidence of a gunshot or a stabbing.”

McCarthy and Vigus knew each other before her death, police said.

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Man convicted in Euclid Avenue shooting

DAYTON — Jay T. Fairman broke down in tears Wednesday, Aug. 18, after a Montgomery County jury convicted him of both charges related to the shooting of a man in April.

The jury convicted Fairman, 36, of felonious assault, plus a gun specification, and a charge of possessing a firearm after a felony conviction.

During the trial, the victim, Tremayne Brett Arnold, testified that Fairman shot him. The two had been involved in prior altercations, said assistant Montgomery County prosecutor Kimberly Melnick.

Fairman’s sentencing is scheduled for Sept. 3.

Arnold, 37, who was shot in the chest, suffered a collapsed lung, stayed in the hospital for two weeks and has lasting medical issues, Melnick told the jury Wednesday morning. The trial started Monday.

Police arrested Fairman about 3:30 a.m. April 11 at his West Mumma Avenue home, about five hours after Arnold was shot on Euclid Avenue.

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