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January 2012
Xenia man sent to prison for child porn possession
DAYTON — A Xenia man whose laptop computer held more than 800 images of child pornography was sentenced Friday to 78 months in federal prison.
Kenneth Brewer, 68, pleaded guilty May 9 to one count of child pornography. He was sentenced by U.S. District Judge Thomas M. Rose.
FBI agents contacted and questioned Brewer at his Xenia residence in September 2008. Brewer admitted to having images of nude children on his laptop, according to the statement of facts.
A forensic analysis of Brewer’s laptop computer revealed more than 800 images of child pornography, according to the statement of facts.
Brewer’s laptop and peripheral computer equipment and devices were forfeited as part of his plea agreement, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from 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. More information about Project Safe Childhood, can be found at www.projectsafechildhood.gov/.
TweetFormer WPAFB worker pleads guilty to sex crime involving child
DAYTON — A man who worked as a civilian child care worker for a Wright-Patterson Air Force Base program pleaded guilty Monday to a count of gross sexual imposition of a child under the age of 13.
The case was not related to Timothy Albritton’s employment at the base. Albritton, 22, was to go on trial Monday in Montgomery County Common Pleas Court. A rape charge was dismissed under the plea agreement.
Albritton will be sentenced Feb. 14 by Judge Mary Katherine Huffman. Under the plea agreement reached between defense attorneys and prosecutors, Albritton will be sentenced between 12 and 60 months in prison, and will be designated a Tier 2 sexual offender.
The victim in the case is a girl who was 4 at the time of the abuse. The report was made in Dayton, where police said a woman told them she left her daughter with Albritton for about 15 minutes.
After Albritton’s Aug. 24 arrest, a base official confirmed that the suspect worked with children there during the summer. The official told WHIO-TV that Albritton worked in their youth and community centers, but would have been supervised and not left alone with children.
TweetMoraine man convicted of killing neighbor
DAYTON — A Moraine man accused of beating his neighbor and friend to death was convicted Friday of murder and carrying a firearm while a fugitive from justice.
The jury acquitted Shawn Kortz of the third count, tampering with evidence. Kortz will be sentenced Feb. 8 by Montgomery County Common Pleas Judge Barbara P. Gorman.
The jury got the case Thursday night, but elected to go home after choosing a foreperson. Jurors started deliberating about 9 a.m. Friday and reached their verdicts about 2 p.m.
Kortz testified Thursday he remembered showing his “man cave” to his neighbor and friend, Michael Hollon. The next thing he remembered, Kortz said, was staring at himself in the bathroom mirror, shirtless and wondering why he was covered with blood.
He took a shower to wash the blood off him, an act the prosecutors said was tampering with evidence, but that defense attorney James Staton said was that of a confused man who did not know what was happening.
Kortz, 40, of 2269 Wienberg Drive, was accused of killing Hollon, 48, on Sept. 19, 2010, then fleeing to Kentucky, where he led authorities on a chase until he was captured near Georgetown.
Kortz, the sole defense witness, took the stand Thursday afternoon. He told defense attorney James Staton that he had been awake for more than 30 hours at the time of Hollon’s death, because he had been making deliveries in New England before driving back to Springfield, Ohio, then to his home. Unable to sleep, he was drinking heavily. Those factors combined to cause memory loss and blackouts, Kortz said.
Assistant county prosecutor Robert Deschler accused Kortz of having “selective memory.”
During her closing argument Thursday, assistant county prosecutor Jill Sink noted that Hollon suffered 15 broken ribs, a broken nose, an inch-and-a-half long laceration on the brow above his right eye, and deep bruising on the sides of the head and neck. He also had cartilage injuries consistent with an attempt to strangle him, she said.
Sink also pointed to Kortz’s actions after Hollon’s death: showering, not calling police, fleeing the state. She said those were indications of guilt.
Staton told the jury that it was a terrible case, but Kortz did not know what he was doing. Staton said that, after his shower, Kortz put on the same pair of shorts, even though they had blood on them.
He said that Hollon’s injuries could have happened during a fight between the two men, particularly if they fell down on the furniture. He pointed to pictures of a table with a glass top and a recliner that had been flipped over.
Staton said Hollon’s autopsy revealed that he had cirrhosis of the liver and extensive heart disease, including two arteries that were 90 percent blocked and one that was 50 percent blocked. Hollon’s health made it less likely he could survive a fight, Staton said.
But Deschler called that blaming the victim. He said the ribs and nose fractures would have hindered Hollon’s respiration. Kortz had swelling and cuts on his hands, but Hollon did not, Deschler said.
TweetThree women indicted in scheme to steal identities of mentally disabled people
DAYTON — Three Dayton women are accused of stealing the identities of more than 30 people, most of them mentally disabled, then filing fraudulent income tax returns claiming about $170,000 in refunds between March 2008 and March 2009, according to federal authorities.
Karen T. Taylor, 50, Laquanna R. Bradshaw, 30, and Tiffany L. Cole, 26, were indicted Jan. 11, though those indictments were sealed until Wednesday.
All three have been arrested, U.S. Attorney for the Southern District of Ohio Carter M. Stewart said Friday. Taylor and Bradshaw were arrested Wednesday and released on bond following an initial appearance before U.S. Magistrate Judge Michael R. Merz. Cole is currently incarcerated on unrelated forgery charges and will appear before a magistrate judge in early February, Stewart said.
“IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority,” said Darryl Williams, Special Agent in Charge for the IRS’ Cincinnati Field Office. He added that these crimes were “even more heinous” because the defendants targeted “mentally impaired individuals.”
Williams said his office was investigating several similar schemes, and news of the indictments followed the sentencing Thursday of Rickie S. Rutledge, 55, of Dayton, to 32 months imprisonment in a separate tax fraud scheme that involved preparing false returns in the names of other taxpayers. Rutledge was also ordered to pay $81,000 in restitution to the IRS. His co-conspirator, Donna Dunn, was sentenced to five years of probation in August.
Taylor was employed as an office cleaner and allegedly obtained the personal identifying information while performing her cleaning duties, Stewart said. He did not identify the company.
Bradshaw and Cole filed false income tax returns on others’ names using the information supplied by Taylor. Those returns reported significant income from work the victims allegedly performed as household help, though no W-2 forms were filed with the returns. Those returns also contained fictitious dependents in order to qualify for the Earned Income Tax Credit, Stewart said.
The refunds were deposited into bank accounts controlled by the defendants, who then withdrew the money and spent it for their own personal benefit, Stewart said.
All three defendants are charged with one count of conspiracy to obtain false claims for income tax refunds. In addition: — Taylor is charged with six counts of willfully filing false claims and six counts of identity theft. — Bradshaw is charged with four counts of willfully filing false claims and one count of identity theft. — Cole is charged with six counts of willfully filing false claims and five counts of identity theft.
The conspiracy counts are punishable by up to 10 years in prison. The other charges are punishable by up to five years in prison. All of the counts are also punishable by a fine of up to $250,000.
Stewart said that people who suspect they may have been the victims of identity theft should immediately contact the IRS, either through the website at irs.gov or at 1-800-908-4490.
TweetMoraine fatal beating case goes to the jury
DAYTON - Shawn Kortz told the jury he remembered showing his “man cave” to his neighbor and friend, Michael Hollon. He also remembered staring at himself in the bathroom mirror, shirtless and wondering why he was covered with blood.
What he doesn’t remember, Kortz testified, was what happened to Hollon, whose battered body was found in the lower level den of Kortz’s Moraine home.
“I thought he’d passed out,” Kortz said. “I rolled him over that’s when I saw his face. I freaked out at that point.”
Kortz has been on trial this week before Montgomery County Common Pleas Judge Barbara P. Gorman. The jury got the case Thursday night, but decided to start deliberations Friday morning.
Kortz, 40, of 2269 Wienberg Drive, is charged with murder, tampering with evidence and carrying a firearm while a fugitive from justice. He is accused of killing Hollon, 48, on Sept. 19, 2010, then fleeing to Kentucky, where he led authorities on a chase until he was captured near Georgetown.
Kortz, the sole defense witness, took the stand Thursday afternoon. He told defense attorney James Staton that he had been awake for more than 30 hours at the time of Hollon’s death, because he had been making deliveries in New England before driving back to Springfield, Ohio, then to his home. Unable to sleep, he was drinking heavily. Those factors combined to cause memory loss and blackouts, Kortz said.
Assistant county prosecutor Robert Deschler accused Kortz of having “selective memory.”
During her closing argument, assistant county prosecutor Jill Sink noted that Hollon suffered 15 broken ribs, a broken nose, an inch-and-a-half long laceration on the brow above his right eye, and deep bruising on the sides of the head and neck. He also had cartilage injuries consistent with an attempt to strangle him, she said.
“He knew well what he was doing, Sink said. “You cannot inflict this kind of damage and not know.”
Sink also pointed to Kortz’s actions after Hollon’s death: showering, not calling police, fleeing the state.
“That’s not what an innocent man does,” Sink said. “A guilty man washes blood from himself after he has killed his friend.”
Staton told the jury that it was a terrible case, but it Kortz did not know what he was doing. Staton pointed to the fact that, after his shower, Kortz put on the same pair of shorts, even though they had blood on them.
He said that Hollon’s injuries could have happened during a fight between the two men, particularly if they fell down on the furniture. He pointed to pictures of a table with a glass top and a recliner that had been flipped over.
“It’s two guys fighting,” Staton said. “This whole thing could have been over in 20 seconds.”
Staton said Hollon’s autopsy revealed that he had cirrhosis of the liver and extensive heart disease, including two arteries that were 90 percent blocked and one that was 50 percent blocked. Hollon’s health made it less likely he could survive a fight, Staton said.
But Deschler called that blaming the victim. He said the ribs and nose fractures would have hindered Hollon’s respiration.
“Michael can’t breathe and he wants to blame Michael’s heart,” Deschler said.
Kortz had swelling and cuts on his hands, but Hollon did not, Deschler said.
“Michael is not defending himself,” Deschler said. “He’s not throwing any punches.”
TweetDEA informant lived final days in fear, according to witnesses at murder trial
DAYTON - Days before his death, confidential informant Anthony Hurd called his contact with the U.S. Drug Enforcement Administration task force and said “they know.”
“He was a man of very few words,” said Indianapolis Detective Sgt. Gary Maxey. “He just said, ‘they know.’”
Hurd was gunned down on Aug. 2, 2007 in Englewood. The man accused of killing him, Anthony Croom, is on trial this week before Montgomery County Common Pleas Judge Frances E. McGee. Prosecutors claim Croom was hired to kill Hurd to derail criminal prosecutions of three Indiana men.
Croom, 43, of Bunker Hill, Ind., was indicted in October 2010 on one count of aggravated murder, two counts of murder and two counts of felonious assault.
Maxey testified he supervised two controlled drug buys in the Richmond, Ind. area, during which Hurd bought cocaine, in June and July 2006. Hurd wore a wire during those buys, Maxey said.
The first involved a Rollie Mitchell, now doing a life sentence in federal prison for knowingly distributing 50 grams or more of cocaine. Federal court documents shows that the date of that offense was June 6, 2006, the day that Maxey said Mitchell got into Hurd’s car and sold him cocaine.
Another man allegedly involved in that drug buy, identified in court as Tyree Smith, was never charged. A man allegedly involved in the second drug buy, on July 17, 2006, Billy Hicks, Jr, is awaiting trial on a drug trafficking charge, according to records filed with the U.S. District Court for the Southern District of Indiana.
Those three men were charged in state court in July 2007, just weeks before Hurd, 24, was shot eight times as he sat in the passenger seat of a Chevrolet Blazer that was in the parking lot of a Sunoco gas station, 1070 S. Main St.
Detective Michael Lieberman with the Wayne County (Indiana) Sheriff’s Office, testified that the charges in state court against Mitchell, Hicks and Smith were dismissed because “Tony was the main witness in those cases.”
Latisha Walker, 32, of West Carrollton, testified that Hurd had been her boyfriend and he told her he was cooperating with the DEA. When she found out that Hurd got another girl pregnant, she spoke with Mitchell, whom she had dated, Hicks and Smith, and told them Hurd wore a wire when purchasing cocaine from them.
“I was just angry,” she said, adding that she did not intend to endanger Hurd’s life.
They did not believe her accusation, Walker said. In September 2006, she moved to Centerville and a month later, Hurd moved in with her. But after Mitchell, Smith and Hicks were charged, Hurd became “kind of stressed out, paranoid,” she said and “started drinking more.”
He would sleep on the couch with his gun underneath it, she said.
On Aug. 1, 2007, they fought, she said, because he was told by authorities to keep a low profile, but he kept going out. That night, she said, he left with some friends.
One of those friends, Kraig Rakestraw, 38, testified that, on Hurd’s request, he drove Hurd to Englewood, dropping him off between a Waffle House and a McDonald’s. As he drove off, Rakestraw said, he saw Hurd get into another vehicle. This was in the early hours of Aug. 2, he said.
Lindsey Hoover, 25, testified she was sitting in another car at the Sunoco when she heard several gunshots. That car was close to the Chevrolet Blazer, driven by Tiffany Brewer, of Richmond, who was struck by one of the rounds, according to prosecutors.
Hoover said the gunman walked in front of the car she was in and they made eye contact. She said she identified Croom as the gunman when shown a photo spread by a detective.
Prosecutors believe Brewer “played an integral part of the conspiracy,” according to a memo filed in Montgomery County Common Pleas Court. “Tiffany Brewer drove the victim to the location where he was gunned down. Tiffany Brewer’s cell phone records indicate that she had direct contact with her co-conspirators leading up to the moment of the murder.”
That memo, filed Jan. 17, seeks to admit the statements of co-conspirators, identified as Mitchell, Smith, Hicks and Brewer. None of those people have been charged in connection with Hurd’s death.
The final witnesses of the day were Anna Feisel, a former Motel 6 employee who testified that Hurd had tried to rent a room, but directed him to an ATM at the Sunoco after his credit card was rejected; and Chris Caldwell, a Chase Bank employee who testified that Hurd’s card was used to withdraw money at the Sunoco.
TweetMoraine man goes on trial in slaying of neighbor
DAYTON — A Moraine man accused of strangling his friend and neighbor to death claims not to remember what happened, his attorney told a jury Tuesday morning.
James Staton said Michael Hollon died as a result of a drunken brawl with Staton’s client, Shawn Kortz, but “though someone died here, that doesn’t mean there’s a murder.”
Kortz, 40, is charged with murder, tampering with evidence and carrying a firearm while a fugitive from justice. He is accused of killing Hollon, 48, on Sept. 19, 2010, then fleeing to Kentucky, where he led authorities on a chase until he was captured near Georgetown.
A neighbor found Hollon’s body in Kortz’s lower den at 2269 Wienberg Drive, assistant Montgomery County prosecutor Jill Sink said.
Hollon had gone there to drink with Kortz, “who he thought was his friend,” Sink said. “What Michael didn’t know was that he was going to spend the evening with his killer.”
After Kortz “savagely strangled and beat Michael,” he went upstairs to shower and wash the blood off of him. He did not call police, but called his wife, who waited until Kortz had time to flee before she called the neighbor, Sink said.
That neighbor entered the house and saw Hollon’s feet, then called police. Hollon’s body was in a pool of blood, and blood was splattered across den’s walls and ceiling, Sink said.
Hollon’s blood was found in the shower and sink in the master bathroom, as well as on a shirt and a pair of shorts Kortz was wearing when he was arrested, Sink said.
Authorities tracked Kortz through his cellular phone. He fled in his Dodge Durango with a loaded handgun on the passenger seat, Sink said. In 2010, authorities said they thought he was fleeing to Chattanooga, Tenn., where his wife was.
During her opening statement, Sink did not speculate as to why Kortz killed Hollon.
“I think the prosecutors’ version is a little bit too clean, a little bit too simple,” Staton told the jury. “The injuries to Mike were the result of a fight. Mike got the worst end of that and there’s no question about that.”
Staton said that Kortz, a trucker, just back from an out-of-state trip, had been awake for more than 30 hours at the time of Hollon’s death. The two men had been drinking, including with other neighbors, for several hours that evening before those neighbors returned to their houses.
Staton told the jury that Kortz called his wife about 2:55 a.m. and told her he had been drinking and he did not know what happened. The first thing Kortz remembered was staring at his face in a mirror and wondering why he was covered with blood, Staton said.
His wife told him to take a shower and find out where he was bleeding from. After he was done, he walked through the house, looking for Hollon. When he realized Hollon was dead, he panicked and fled, not even putting on shoes, Staton said.
Kortz took his gun because “he had a permit to carry it legally” and generally took it with him, Staton said.
Hollon had a blood alcohol level of .375, more than 4.5 times the legal limit to drive. His autopsy also revealed he had cirrhosis of the liver and extensive heart disease that made him unable to survive the fight, Staton said.
Kortz was so stricken with guilt about what happened to his friend that, while he was held in Kentucky, officials prescribed him antidepressants, Staton said.
TweetTrial begins for man accused of murder-for-hire of DEA informant
DAYTON — Anthony Hurd, an Indiana man gunned down at an Englewood gas station in 2007, was killed because he was a confidential informant for the U.S. Drug Enforcement Administration, an assistant Montgomery County prosecutor said Monday.
“To silence him,” Erin Claypoole said during her opening statement. “The hired hitman was the defendant, Anthony Croom.”
The slaying led to the dismissal of charges against three Indiana men, Claypoole said, adding “mission accomplished.”
Croom, 43, of Bunker Hill, Ind., is charged with aggravated murder, purposeful murder, murder and two counts of felonious assault. He was charged and arrested in August 2010. His trial started Monday, and jurors will begin to hear testimony Wednesday morning.
Defense attorney Scott Calaway told the jury that his client did not kill Hurd and that the blame lay with the three drug defendants from Indiana.
“This case is about self-interest and self-preservation,” Calaway said. “This is the man they’ve thrown to the wolves.”
Hurd was shot eight times on Aug. 2, 2007, as he sat in the passenger seat of a Chevrolet Blazer that was in the parking lot of a Sunoco gas station, 1070 S. Main St. A woman who was driving the Blazer, Tiffany Brewer, was hit once but survived.
Claypoole said that Hurd had picked up a series of charges in both Indiana and Ohio, and choose to sign up as a confidential informant for the DEA. He signed the paperwork in March 2006. In June and July, he wore a wire while purchasing cocaine from the targets of the DEA investigation, Claypoole said.
The three suspects did not know about the wire until Hurd’s girlfriend, Latisha Walker, told those men after she and Hurd argued, Claypoole said.
The suspects initially did not believe her, and thought she was “just a woman scorned,” but in July 2007, they were charged in Wayne County, Ind. with cocaine trafficking charges.
Hurd, who feared for his life, signed up again as an informant. He moved to Centerville to live with Walker and the DEA told him to “stay put,” Claypoole said.
But Hurd and Walker argued again, and on Aug. 2, he went out with some friends. He ended up in the SUV with Brewer, and he tried to rent a motel room, but his credit card was declined. A clerk at the motel directed him to an ATM at the Sunoco, where he went next, Claypoole said.
Video footage from the Sunoco shows that he did take money from the ATM. But he was ambushed after he got back in the SUV. Brewer drove off to Good Samaritan Hospital North, but that hospital was closed, and police found them there. Hurd died later at Miami Valley Hospital, Claypoole said.
Croom was to be paid some money and given a red Cadillac in return for killing Hurd. Months later, Croom’s girlfriend held the title of a red Cadillac once owned by someone connected to the drug trafficking ring, Claypoole said.
Calaway told the jury that there was no physical evidence tying Croom to the crime. Two women witnessed the shooting, but one could not identify Croom as the shooter. The other did, but the evidence would show “that identification is not valid,” he said.
There would be no evidence presented of any money going to Croom, and the Cadillac was titled to the girlfriend eight months after the slaying, Calaway said. But because of rumors about the Cadillac going to Hurd’s killer, police focused on Croom, he said.
“That Cadillac became the bone for this dog,” Calaway said.
TweetMan convicted of fatal shooting on Dorham Place
DAYTON — Tyree S. Parson, on trial this week for the slaying of another man in August, was convicted Friday of two counts of murder.
Parson, 25, will be sentenced Feb. 9 by Montgomery County Common Pleas Judge Steven Dankof. A count of being a felon in possession of a weapon, which was tried to the bench, is still pending before Dankof.
The jury heard testimony on Wednesday and Thursday, then got the case Friday. On Wednesday, Parson’s ex-girlfiend Sheila Elam testified that, during a phone call, Parson said “I shot that man” and “I’m laying low.”
Dequan Smith, 34, was shot Aug. 13 on Dorham Place. An acquaintance drove him to Good Samaritan Hospital where he died.
The bullet went through Smith’s right leg, severing the femoral artery and causing Smith to bleed to death within minutes, assistant county prosecutor John Amos said.
Three days later, Parson was charged with Smith’s murder and an arrest warrant was issued. On Sept. 8, police and the Southern Ohio Fugitive Apprehension Strike Force of the U.S. Marshal’s Office arrested Parson at a home in the 200 block of Niagara Avenue.
Amos said that Smith was a “booster,” known for selling goods on the street, and Parson owed Smith about $50 for a prior sale. The two men were at an apartment on Dorham when Smith reminded him about the debt and Parson ignored him and left. Smith went outside and the men had words, Amos said.
Parson’s cousin, seeking to avoid trouble, arranged for another person to pick up Smith and drive him away from the area. As Smith was trying to get into the car, Parson sneaked up behind him and shot him, Amos said.
TweetMan convicted of all charges in double homicide and robberies at bootleg liquor joint
DAYTON - Keron D. Simpson, the first of three men to go on trial for a bootleg liquor joint robbery that left two people dead, was convicted Thursday of all charges.
The jury received the case about 4 p.m. and returned the verdict about 8:30 p.m.
The jury convicted Simpson, 20, of 12 counts of aggravated robbery, one for each of the people present when he and two others robbed the liquor joint at 1564 Germantown St. on Nov. 14, 2010. He was also convicted of two counts of murder, for the deaths of two of those victims: Earnest “Hank” Sanders, 59, and Michelle Carter, 31.
The jurors also convicted Simpson of the firearm specifications attached to all of those charges
Montgomery County Common Pleas Judge Michael L. Tucker then convicted Simpson of one count of being a felon in possession of a weapon, the lone count tried to the bench. Tucker set sentencing for Feb. 22.
The trial started Jan. 12 and prosecutors rested on Wednesday. Simpson rested Thursday without calling any witnesses.
During her closing argument, assistant Montgomery County prosecutor Lynda Dodd said that Simpson shot Sanders, who had been operating the after-hours liquor joint from his home for more than 30 years. A different person shot Carter, but Simpson was still responsible, as he was participating in a robbery with that person, she said.
“He is a complicitor,” she said. “It doesn’t matter if it’s his gun, his bullet in her head.
Sanders died at a hospital. Carter died at the scene.
“Michelle never had a chance,” Dodd said.
Simpson’s co-defendants, Daviontae T. Norvell, 19, and Earl L. Moon, 20, will be tried separately before the same judge, common pleas court Judge Michael L. Tucker, later this year.
Simpson did not call any witnesses. Bobby Joe Cox, Simpson’s defense attorney, said that the prosecution only presented three of the 10 surviving victims. All three admitted they had been drinking at the time of the robbery, and one had been using cocaine, he said.
Cox also raised concerns about the photo lineup that helped identify Simpson as a suspect.
But assistant county prosecutor Tracey Ballard Tangeman said that Simpson’s DNA had been found on two beer bottles discovered at the scene, in the exact place where witnesses said he had been seated prior to the robbery.
“Science corroborated their identifications,” Tangeman said. “So where’s the leap of faith in believing the witnesses when even science is corroborating it.”
TweetDayton man sentenced to federal prison for cocaine conspiracy
DAYTON — A Dayton man was sentenced Friday to 180 months in federal prison for his role in a conspiracy that brought cocaine from Mexico and Georgia and distributed it in the Miami Valley.
Calilin Jemiz Grant, 33, pleaded guilty on September 21 to one count of conspiracy to distribute more than five kilograms of cocaine. He appeared before U.S District Judge Thomas M. Rose.
The Drug Enforcement Administration began investigating the cocaine distribution network in 2007 and identified Grant after he was observed meeting with other members of the conspiracy, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
Further investigation found that Grant used approximately $500,000 of the proceeds of the drug trafficking to obtain jewelry and motor vehicles between 2006 and 2009, Stewart said.
Rose ordered Grant to forfeit a luxury SUV he purchased with drug proceeds.
A federal grand jury indicted Grant and six co-defendants in July 2010. — Cruz Jesus Mendez-Fuerte and Armando Guia-Mendez are at large. — Adan Bautista-Morales was sentenced to 42 months in prison. — Jose Manuel Guia-Mendez was sentenced to 60 months in prison. — Jesus Sanchez-Ramirez was sentenced to 38 months in prison. — Jesus Garcia-Arias was sentenced to 48 months in prison.
“This investigation led to disruption of an entire distribution network,” Stewart said.
In April 2009, Grant was acquitted of raping and kidnapping a former University of Dayton student after a week-long trial. The defense contended that Grant and the woman had consensual sex. A relative of Grant’s testified that the victim entered his house on her own and agreed to sex with Grant.
A prosecution witness, Annette Davis from the Miami Valley Regional Crime Lab, testified that DNA from a rape kit matched a sample from Grant obtained in 2008. It was not specified how the sample was obtained, but the woman testified that she identified Grant from a photo lineup.
TweetBootleg joint homicide case goes to the jury
DAYTON — The case of Keron D. Simpson, the first of three men to go on trial for a bootleg liquor joint robbery that left two people dead, went to the jury Thursday, one week after the trial started.
Closing arguments started about 1 p.m., and the jury got the case just before 4 p.m.
Simpson, 20, is charged with 12 counts of aggravated robbery, one for each of the people present when he and two others robbed the liquor joint at 1564 Germantown St. on Nov. 14, 2010. He is also charged with two counts of murder, for the deaths of two of those victims: Earnest “Hank” Sanders, 59, and Michelle Carter, 31.
During her closing argument, assistant Montgomery County prosecutor Lynda Dodd said that Simpson shot Sanders, who had been operating the after-hours liquor joint from his home for more than 30 years. A different person shot Carter, but Simpson was still responsible, as he was participating in a robbery with that person, she said.
“He is a complicitor,” she said. “It doesn’t matter if it’s his gun, his bullet in her head.
Sanders died at a hospital. Carter died at the scene.
“Michelle never had a chance,” Dodd said.
Simpson’s co-defendants, Daviontae T. Norvell, 19, and Earl L. Moon, 20, will be tried separately before the same judge, common pleas court Judge Michael L. Tucker, later this year.
Simpson did not call any witnesses. Bobby Joe Cox, Simpson’s defense attorney, said that the prosecution only presented three of the 10 surviving victims. All three admitted they had been drinking at the time of the robbery, and one had been using cocaine, he said.
Cox also raised concerns about the photo lineup that helped identify Simpson as a suspect.
But assistant county prosecutor Tracey Ballard Tangeman said that Simpson’s DNA had been found on two beer bottles discovered at the scene, in the exact place where witnesses said he had been seated prior to the robbery.
“Science corroborated their identifications,” Tangeman said. “So where’s the leap of faith in believing the witnesses when even science is corroborating it.”
TweetTrial opens in fatal shooting
DAYTON — Tyree S. Parson, on trial this week for the slaying of Dequan Smith in August, admitted committing the offense during a phone call with an ex-girlfriend, an assistant Montgomery County prosecutor told the jury Wednesday.
During his opening statement, John Amos told the jury that Parson told the woman: “I shot that man and I’m laying low.”
Amos said prosecutors would present several witnesses including three people who saw Parson shoot Smith. Assistant county public defender Vic Hodge told the jury to pay attention to the inconsistencies and coincidences in those witnesses’ statements.
Parsons, 25, is charged with two counts of murder and one count of being a felon in possession of a firearm.
Smith, 34, was shot Aug. 13 on Dorham Place. An acquaintance drove him to Good Samaritan Hospital where he died.
The bullet went through Smith’s right leg, severing the femoral artery and causing Smith to bleed to death within minutes, Amos said.
Three days later, Parson was charged with Smith’s murder and an arrest warrant was issued. On Sept. 8, police and the Southern Ohio Fugitive Apprehension Strike Force of the U.S. Marshal’s Office arrested Parson at a home in the 200 block of Niagara Avenue.
Amos said that Smith was a “booster,” known for selling goods on the street, and Parson owed Smith about $50 for a prior sale. The two men were at an apartment on Dorham when Smith reminded him about the debt and Parson ignored him and left. Smith went outside and the men had words, Amos said.
Parson’s cousin, seeking to avoid trouble, arranged for another person to pick up Smith and drive him away from the area. As Smith was trying to get into the car, Parson sneaked up behind him and shot him, Amos said.
TweetMan indicted in fatal Kettering crash
DAYTON — A Miamisburg man was indicted Friday on two charges of aggravated vehicular homicide in an April crash that killed another man.
The grand jury also indicted Timothy Grice, 20, on one count of failure to stop after an accident. Police arrested him April 30 as he fled on foot from the accident scene. All three charges are felonies.
The crash killed Chad A. Cross, 27, of Kettering, who was stopped at a traffic light at Smithville Road and Wilmington Pike. Cross had been southbound in his Jeep Cherokee. At 5:40 a.m., Grice’s southbound Ford Ranger crash into Cross’ jeep.
Cross was transported to Miami Valley Hospital where he died.
TweetNorth Carolina man ordered to pay restitution to IRS for Dayton-based swindle
DAYTON — A North Carolina man who invested in real estate in the Dayton area was placed on five years probation Thursday and ordered to pay $85,600 in restitution to the Internal Revenue Service.
John Michael Robbins, 44, of Charlotte, appeared before U.S. District Judge Timothy S. Black at the Dayton federal building. Black also ordered Robbins to complete 200 hours of community service.
Robbins pleaded guilty Sept. 15 to one count of willfully filing a fraudulent federal tax return.
Between 2003 and 2007, Robbins had a real estate business and purchased Dayton-area properties, rehabilitated them, then sold them, according to court documents.
Robbins and other un-indicted business partners found buyers for these properties and provided the down payment funds for the buyers. Robbins and others had the buyers sign independent contractor agreements stating that the buyers had performed some of the rehabilitative work on the properties, and therefore legitimately earned the down payment funds, according to court documents.
In 2005 and 2006, Robbins and others prepared false Forms 1099 for those buyers, even though Robbins knew the buyers never performed work on the properties. Ultimately, Robbins was reimbursed the down payment funds that he provided during the closings of these properties, according to court documents.
During 2005 and 2006, Robbins claimed the independent contractor amounts (the amounts from the false Forms 1099’s) as a business expense on the Schedule C (Profit of Loss from Business) of his Individual Income tax returns, even though Robbins had already been reimbursed for these amounts, according to court documents.
For the 2005 and 2006 income tax years, Robbins claimed false business expenses in the amount of $277,662.99; therefore causing a total tax loss to the IRS of $85,606.
“Tax violations have been erroneously referred to as victimless crimes, but it’s the honest law abiding citizen who is harmed when someone tries to manipulate our nation’s tax system,” said Darryl Williams, Special Agent in Charge, IRS, Criminal Investigation, Cincinnati Field Office.
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