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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > August > 27
Friday, August 27, 2010
Child porn order leads to prison sentence for Dayton man
DAYTON - A federal judge sentenced a Dayton man, who ordered two DVDs of pre-teen children being forced to engage in sexually explicit conduct, to 18 years in prison Friday, Aug. 27.
Milton Thomas Borders, 35, who pleaded guilty in September 2009 to one count of child pornography possession, appeared before U.S. District Judge Walter H. Rice for the two-hour sentencing hearing.
Postal inspectors conducting a sting operation received an order from Borders in August 2007 for a video titled “9 Years Old Raped” and another titled “Little Lolita Sex,” according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
A postal inspector posing as a letter carrier delivered the videos to Borders’ home. After Borders accepted the delivery of the DVDs, postal inspectors and Dayton police officers searched Borders’ residence and recovered the DVDs.
After the execution of the search warrant, Borders moved to Pineville, West Virginia where he was arrested by postal inspectors and West Virginia State Police in December 2008. He has been in custody since his arrest.
During the sentencing hearing, prosecutors presented evidence that, while awaiting sentencing, Borders had corresponded at least three times with a pre-teen girl and made “sexually inappropriate suggestions,” according to Stewart. The girl is a friend of Borders’ daughter.
Under Rice’s sentence, Border will be under court supervision for the rest of his life. He will be required to register as a sex offender anywhere that he lives, works or goes to school.
Borders was convicted in Miami County Common Pleas Court in 1998 on one count of attempted illegal use of a minor in nudity-oriented materials, according to Stewart.
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TweetWestern Manor shootings: Defendant sentenced to prison
DAYTON — Christopher Beatty-Jones, who failed to convince a jury that he shot two security guards last March in self-defense, was sentenced Friday, Aug. 27, to 28 years to life in prison.
Montgomery County Common Pleas Judge Michael L. Tucker sentenced Beatty-Jones about a half hour after the jury convicted him of murder, attempted murder and four counts of felonious assault.
For sentencing purposes, the felonious assault charges merged with the murder and attempted murder counts. Tucker sentenced Beatty-Jones to 10 years for the attempted murder of William St. Peter and 18 to life for the slaying of James C. Locker. Those two sentences, both of which include three years for firearms specifications, are to be served consecutively.
Earlier, St. Peter asked Tucker to sentence him to the maximum possible, for “what the man’s done, taking the life of Jim and scrambling mine.” Assistant county prosecutor Tracey Ballard Tangeman asked for the same “given the ridiculousness of the testimony of the defendant.”
Defense attorney Doug Hess noted the absence of any adult felony record and Beatty-Jones’ youth.
Beatty-Jones, 21, told Tucker “I didn’t mean it. I accept responsibility for what I did.”
Tucker gave the case to the jury at 11:43 a.m. The jurors deliberated for less than two hours before returning the verdicts, which were announced about 2:15 p.m.
Beatty-Jones admitted shooting Locker and St. Peter, two Moonlight Security guards, on March 30 but claimed he fired in self-defense.
St. Peter, shot in the chest, arm and thumb, testified Tuesday. Locker, shot in the side, died at Miami Valley Hospital on April 3, his 51st birthday.
During her closing argument Friday morning, assistant county prosecutor Michelle Grodner described the guards working at the Western Manor apartments on James H. McGee Boulevard as “two men doing their jobs. These men never had a chance”
Grodner noted that St. Peter was shot twice in the chest, including one shot that was dead center and would have hit his heart or his main blood vessels.
“William St. Peter is alive today because he wore a bullet-proof vest,” Grodner said. “Those were direct hits.”
St. Peter testified Tuesday that he and Locker were investigating a parked truck with lights on. Inside was Jodi Grigsby, a friend of Beatty-Jones, who was waiting for him. He said he moved away from the truck and waited in a different part of the property for Beatty-Jones to return to the truck.
Defense attorney Doug Hess said that the shootings were tragic, but that the guards escalated the situation by not following standard procedures, including making themselves visible and using verbal commands. He said St. Peter hid and came up behind Beatty-Jones as he was returning to the truck.
Hess acknowledged that Beatty-Jones was not cooperative, even telling guards he did not remember his birthday, and combative, but did so in reaction to the guards.
“He was tired of being hassled by these guys,” Hess said.
Beatty-Jones pushed away from the truck when Locker began patting him down, and the guards struggled with him, tried to handcuff him, then pepper sprayed him, heightening the situation significantly, Hess said. When one of them yelled “gun,” Beatty-Jones pulled his weapon and began firing, Hess said.
“He thought he was going to get shot,” Hess said. “He felt that it was going to be his life if he didn’t do something. That’s self-defense.”
Assistant county prosecutor Tracey Ballard Tangeman disagreed, telling the jury that, under the law, the defendant bears the burden of proving a self-defense claim by the preponderance of the evidence, a lesser standard than reasonable doubt.
Tangeman said Beatty-Jones must prove that he wasn’t at fault in starting or escalating the incident, that he had an honest, reasonable belief that he was in imminent danger of death, and that he had no other means to escape besides deadly force. None of the evidence would support any of those elements, Tangeman said.
“The defendant emptied his clip into the bodies of these two men for a pat down he didn’t think he deserved,” she said.
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TweetWestern Manor shootings: Defendant convicted of all charges
DAYTON — Christopher Beatty-Jones, who said he shot two security guards last March in self defense, was convicted Friday, Aug. 27, of murder, attempted murder and four counts of felonious assault.
Montgomery County Common Pleas Judge Michael L. Tucker gave the case to the jury at 11:43 a.m. The jurors deliberated for less than two hours before returning the verdicts, which were announced about 2:15 p.m.
Tucker went back to talk to the jury but said he would sentence Beatty-Jones later Friday.
Beatty-Jones admitted shooting James C. Locker and William St. Peter, two Moonlight Security guards, on March 30 but claimed he fired in self-defense.
St. Peter, shot in the chest, arm and thumb, testified Tuesday. Locker, shot in the side, died at Miami Valley Hospital on April 3, his 51st birthday.
During her closing argument Friday morning, assistant county prosecutor Michelle Grodner described the guards working at the Western Manor apartments on James H. McGee Boulevard as “two men doing their jobs. These men never had a chance”
Grodner noted that St. Peter was shot twice in the chest, including one shot that was dead center and would have hit his heart or his main blood vessels.
“William St. Peter is alive today because he wore a bullet-proof vest,” Grodner said. “Those were direct hits.”
St. Peter testified Tuesday that he and Locker were investigating a parked truck with lights on. Inside was Jodi Grigsby, a friend of Beatty-Jones, who was waiting for him. He said he moved away from the truck and waited in a different part of the property for Beatty-Jones to return to the truck.
Defense attorney Doug Hess said that the shootings were tragic but that the guards escalated the situation by not following standard procedures, including making themselves visible and using verbal commands. He said St. Peter hid and came up behind Beatty-Jones as he was returning to the truck.
Hess acknowledged that Beatty-Jones was not cooperative, even telling guards he did not remember his birthday, and combative, but did so in reaction to the guards.
“He was tired of being hassled by these guys,” Hess said.
Beatty-Jones pushed away from the truck when Locker began patting him down, and the guards struggled with him, tried to handcuff him, then pepper sprayed him, heightening the situation significantly, Hess said. When one of them yelled “gun,” Beatty-Jones pulled his weapon and began firing, Hess said.
“He thought he was going to get shot,” Hess said. “He felt that it was going to be his life if he didn’t do something. That’s self-defense.”
Assistant county prosecutor Tracey Ballard Tangeman disagreed, telling the jury that, under the law, the defendant bears the burden of proving a self-defense claim by the preponderance of the evidence, a lesser standard than reasonable doubt.
Tangeman said Beatty-Jones must prove that he wasn’t at fault in starting or escalating the incident, that he had an honest, reasonable belief that he was in imminent danger of death, and that he had no other means to escape besides deadly force. None of the evidence would support any of those elements, Tangeman said.
“The defendant emptied his clip into the bodies of these two men for a pat down he didn’t think he deserved,” she said.
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TweetWestern Manor shootings: the jury gets the case
DAYTON — The case against Christopher Beatty-Jones, on trial in the shooting of two security guards, went to the jury Friday morning, Aug. 27.
Montgomery County Common Pleas Judge Michael L. Tucker read the instructions to the jurors, then gave them the case at 11:43.
Beatty-Jones is charged with murder, attempted murder, and four counts of felonious assault. Beatty-Jones admitted shooting James C. Locker and William St. Peter, two Moonlight Security guards, on March 30 but claimed he fired in self-defense.
St. Peter, shot in the chest, arm and thumb, testified Tuesday. Locker, shot in the side, died at Miami Valley Hospital on April 3, his 51st birthday.
During her closing argument Friday morning, assistant county prosecutor Michelle Grodner described the guards working at the Western Manor apartments on James H. McGee Boulevard as “two men doing their jobs. These men never had a chance”
Grodner noted that St. Peter was shot twice in the chest, including one shot that was dead center and would have hit his heart or his main blood vessels.
“William St. Peter is alive today because he wore a bullet-proof vest,” Grodner said. “Those were direct hits.”
St. Peter testified Tuesday that he and Locker were investigating a parked truck with lights on. Inside was Jodi Grigsby, a friend of Beatty-Jones, who was waiting for him. He said he moved away from the truck and waited in a different part of the property for Beatty-Jones to return to the truck.
Defense attorney Doug Hess said that the shootings were tragic, but that the guards escalated the situation by not following standard procedures, including making themselves visible and using verbal commands. He said St. Peter hid and came up behind Beatty-Jones as he was returning to the truck.
Hess acknowledged that Beatty-Jones was not cooperative, even telling guards he did not remember his birthday, and combative, but did so in reaction to the guards.
“He was tired of being hassled by these guys,” Hess said.
Beatty-Jones pushed away from the truck when Locker began patting him down, and the guards struggled with him, tried to handcuff him, then pepper sprayed him, heightening the situation significantly, Hess said. When one of them yelled “gun,” Beatty-Jones pulled his weapon and began firing, Hess said.
“He thought he was going to get shot,” Hess said. “He felt that it was going to be his life if he didn’t do something. That’s self-defense.”
Assistant county prosecutor Tracey Ballard Tangeman disagreed, telling the jury that, under the law, the defendant bears the burden of proving a self-defense claim by the preponderance of the evidence, a lesser standard than reasonable doubt.
Tangeman said Beatty-Jones must prove that he wasn’t at fault in starting or escalating the incident, that he had an honest, reasonable belief that he was in imminent danger of death, and that he had no other means to escape besides deadly force. None of the evidence would support any of those elements, Tangeman said.
“The defendant emptied his clip into the bodies of these two men for a pat down he didn’t think he deserved,” she said.
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