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<title>Dayton Courts: Legal and crime news</title>
<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/</link>
<description>Lou Grieco covers courts for the Dayton Daily News.</description>
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<dc:creator>lgrieco@coxohio.com</dc:creator>
<dc:date>2009-11-06T17:10:18-05:00</dc:date>
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<title>Springfield business owner pleads guilty to tax charge</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/11/06/springfield_business_owner_ple.html</link>
<description>DAYTON &amp;#8212; A Springfield business owner who pocketed $220,000 of his employees&amp;#8217; payroll taxes pleaded guilty Friday, Nov. 6, to one count of willful failure to collect and pay owed employment taxes to the Internal Revenue Service. Richard Albrecht, Jr.,...</description>
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<![CDATA[DAYTON &#8212; A Springfield business owner who pocketed $220,000 of his employees&#8217; payroll taxes pleaded guilty Friday, Nov. 6, to one count of willful failure to collect and pay owed employment taxes to the Internal Revenue Service.

Richard Albrecht, Jr., 52, of Yellow Springs, appeared before U.S. District Senior Judge Walter H. Rice, Jr., who scheduled sentencing for Feb. 4.

Albrecht faces a maximum prison sentence of five years and a fine of $10,000, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio. 

&#8220;Employers who fail to remit withheld employment taxes to the IRS are not only enriching themselves, they are creating financial problems for their employees,&#8221; said Jose A. Gonzalez, Special Agent in Charge, IRS, Criminal Investigation.

Between 2001 and February 2008, Albrecht owned a rigging company that operated under the names of Automotive Component Systems LLC, R&amp;J Rigging, and RCSI Inc. (collectively, Automotive Component Systems) in and around Springfield, according to court documents.

As owner and operator, Albrecht was responsible for collecting payroll taxes and paying them to the IRS. Although he took the taxes from his employees&#8217; paychecks, he knowingly failed to pay the IRS, specifically for the third quarter of 2003 through the fourth quarter of 2005, according to court documents.  

Over this same period of time, Albrecht did not file the required Employer&#8217;s Quarterly Federal Income Tax Returns documenting the payroll taxes collected from the employees of Automotive Component Systems with the IRS.
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<item>
<title>Grand jury declines to indict mother, boyfriend, in child&apos;s death</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/11/06/by_lou_grieco_and_lucas.html</link>
<description>By Lou Grieco and Lucas Sullivan DAYTON &amp;#8212; A Montgomery County grand jury has declined to indict two people held on charges related to the beating death of 2-year-old Malechi Wilson. Denise Stinson, the boy&amp;#8217;s mother, and her boyfriend, Mark...</description>
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By Lou Grieco and Lucas Sullivan

DAYTON &amp;#8212; A Montgomery County grand jury has declined to indict two people held on charges related to the beating death of 2-year-old Malechi Wilson.

Denise Stinson, the boy&amp;#8217;s mother, and her boyfriend, Mark A. Newberry, were booked into the Montgomery County Jail on Oct. 30. Both were still in jail Friday, Nov. 6, the day the grand jury issued its report.

&amp;#8220;All of the witnesses and evidence currently available was presented to the Montgomery County Grand Jury,&amp;#8221; said Greg Flannagan, spokesman for the Montgomery County Prosecutor&amp;#8217;s Office. &amp;#8220;They voted to not indict either of the arrested suspects. The investigation into the injuries and death of this child is on-going.&amp;#8221; 

Attorney Kathryn L. Bowling, who represents Newberry, declined comment.

Denise Stinson

Mark Newberry

Newberry lost a run for a Montgomery County Commission seat last year. He filed to run for Dayton City Commission in March, but failed to get enough signatures to be placed on the ballot.

Malechi died at Dayton Children&amp;#8217;s Medical Center on June 9 after police responded to Newberry&amp;#8217;s home at 910 Crestmore Ave. on a report of a child in duress, police said.

County coroner Dr. James Davis said in June that Malechi &amp;#8220;suffered for hours.&amp;#8221; Davis, who ruled Malechi&amp;#8217;s death was caused by blunt force trauma to the abdomen, said he was beaten so badly some of his internal organs ruptured.

Stinson, 23, and Newberry, 45, were arrested immediately after Malechi&amp;#8217;s death. They were released two days later when prosecutors did not approve charges.

Prosecutors approved charges Oct. 29, which were filed in Dayton Municipal Court. The next step in the process is presenting evidence to the grand jury.

Neither Stinson nor Newberry have cooperated with police during the nearly five-month probe, Dayton Police Sgt. Gary White said last week.

Newberry is not Malechi&amp;#8217;s biological father, police said. The couple does have a 10-month-old child together that has been placed into foster care, White said.

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<dc:date>2009-11-06T11:42:08-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Gang member convicted of all charges in slaying at cookout</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/30/verdict.html</link>
<description>DAYTON &amp;#8212; Theron Lewis, accused of gunning down a man at a memorial cookout for a slain gang member, was convicted Friday, Oct. 30 of all counts, including two counts of murder. Montgomery County Common Pleas Judge Frances E. McGee...</description>
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DAYTON &amp;#8212; Theron Lewis, accused of gunning down a man at a memorial cookout for a slain gang member, was convicted Friday, Oct. 30 of all counts, including two counts of murder.

Montgomery County Common Pleas Judge Frances E. McGee did not set a sentencing date, but ordered a pre-sentencing investigation. She said that there is a scheduling conference Tuesday to discuss Lewis&amp;#8217; other felony case, in which he allegedly shot at mourners leaving a May 11 funeral.

The case went to the jury at 1:25 p.m. Thursday. The jury broke off deliberations about 6:44 p.m., then started up about 9 a.m. Friday. The verdict was reached about 1:15 p.m. Friday.

Lewis, 24, also known as &amp;#8220;T. Streets,&amp;#8221; has been identified by police as a member of the Dayton View Hustlers. He was charged with two counts of murder, two counts of felonious assault and being a felon in possession of a weapon. Some of those charges, including the murder and felonious assault counts, could merge for sentencing purposes.

All of the charges deal with the April 25 death of Isaac Gibson. Though police said earlier this year that Gibson was the member of a different gang, police and prosecutors now say that they don&amp;#8217;t believe that Gibson was ever involved in gang activity. 

The trial started Monday, resumed Wednesday, then finished testimony on Thursday morning. The defense rested without presenting any witnesses.

&amp;#8220;He killed another human being,&amp;#8221; assistant Montgomery County prosecutor Michael Brush told the jury Thursday. &amp;#8220;You&amp;#8217;ve heard no evidence to the contrary.&amp;#8221;

But defense attorney Scott Calaway pointed to a different person, arguing that another man, Keith Watson, shot Gibson. Watson, who is awaiting charges related to the incident, but is not charged with shooting Gibson, will go on trial March 1.

Gibson, 25, was shot at a cookout that followed funeral services for Thomas &amp;#8220;Tom-Tom&amp;#8221; Watson, who was killed April 16. Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Keith Watson, who is Thomas Watson&amp;#8217;s cousin, pulled out a gun and fired a shot into the ground, Brush said.

Gibson&amp;#8217;s father and brother got Gibson to leave the area after he fought with Watson and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.

Calaway said that the three witnesses who testified they saw the incident were all relatives of Gibson, including his father and his brother. He also said that Keith Watson was a family member as well.

&amp;#8220;There&amp;#8217;s only one person in the picture who&amp;#8217;s not family: Theron Lewis,&amp;#8221; Calaway said. &amp;#8220;It&amp;#8217;s a cover up for Keith. That&amp;#8217;s why we&amp;#8217;re here.&amp;#8221;

Calaway said that the family members originally told police they didn&amp;#8217;t know who did the shooting, though assistant county prosecutor David Franceschelli said those family members first thought of avenging Gibson&amp;#8217;s death themselves before deciding to trust the criminal justice system.

Franceschelli ridiculed Calaway&amp;#8217;s assertion that Gibson&amp;#8217;s family was protecting the real shooter. He said that it was not clear if Keith Watson was related to Gibson&amp;#8217;s family, but if so, it was a distant relationship.

&amp;#8220;Keith Watson is the defendant&amp;#8217;s friend, not the family&amp;#8217;s friend,&amp;#8221; Franceschelli said. &amp;#8220;They have no more love for Watson than they do for Lewis.&amp;#8221;

Franceschelli said that he took offense to Calaway stating that those family members fled the scene. He said those witnesses were seen there by police after the shooting, particularly Anthony Snowden Sr., Gibson&amp;#8217;s father, who tearfully testified Wednesday that he held his son as he lay dying.

&amp;#8220;He was there, holding his son in his arms,&amp;#8221; Franceschelli said while pointing to Snowden, who was sitting in the spectators&amp;#8217; section.

He also said that the three witnesses gave statements to police that accurately described what types of weapons Lewis and Watson each held during the incident. The bullet taken from Gibson&amp;#8217;s body matched the caliber of Lewis&amp;#8217; gun, not Watson&amp;#8217;s, Franceschelli said.

Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.

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<dc:date>2009-10-30T13:55:28-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Jury in memorial slaying trial sent home for the night</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/29/theron_lewis_trial_the_case_go.html</link>
<description>DAYTON &amp;#8212; The jury deliberating the fate of Theron Lewis, who is accused of gunning down a man at a memorial cookout for a fallen gang member, was sent home about 6:44 p.m. Thursday, Oct. 29, and will convene again...</description>
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DAYTON &amp;#8212; The jury deliberating the fate of Theron Lewis, who is accused of gunning down a man at a memorial cookout for a fallen gang member, was sent home about 6:44 p.m. Thursday, Oct. 29, and will convene again on Friday to continue deliberations.

Lewis, 24, also known as &amp;#8220;T. Streets,&amp;#8221; has been identified by police as a member of the Dayton View Hustlers. He is charged with murder, felonious assault and being a felon in possession of a weapon. All of the charges deal with the April 25 death of Isaac Gibson.

The case went to the Montgomery County Common Pleas jury at 1:25 p.m. 

Though police said earlier this year that Gibson was the member of a different gang, police and prosecutors now say that they don&amp;#8217;t believe that Gibson was ever involved in gang activity. 

The trial started Monday, resumed Wednesday, then finished Thursday morning. The defense rested without presenting any witnesses.

&amp;#8220;He killed another human being,&amp;#8221; assistant Montgomery County prosecutor Michael Brush told the jury Thursday. &amp;#8220;You&amp;#8217;ve heard no evidence to the contrary.&amp;#8221;

But defense attorney Scott Calaway pointed to a different person, arguing that another man, Keith Watson, shot Gibson. Watson, who is awaiting charges related to the incident, but is not charged with shooting Gibson, will go on trial March 1.

Gibson, 25, was shot at a cookout that followed funeral services for Thomas &amp;#8220;Tom-Tom&amp;#8221; Watson, who was killed April 16. Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Keith Watson, who is Thomas Watson&amp;#8217;s cousin, pulled out a gun and fired a shot into the ground, Brush said.

Gibson&amp;#8217;s father and brother got Gibson to leave the area after he fought with Watson and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.

Calaway said that the three witnesses who testified they saw the incident were all relatives of Gibson, including his father and his brother. He also said that Keith Watson was a family member as well.

&amp;#8220;There&amp;#8217;s only one person in the picture who&amp;#8217;s not family: Theron Lewis,&amp;#8221; Calaway said. &amp;#8220;It&amp;#8217;s a cover up for Keith. That&amp;#8217;s why we&amp;#8217;re here.&amp;#8221;

Calaway said that the family members originally told police they didn&amp;#8217;t know who did the shooting, though assistant county prosecutor David Franceschelli said those family members first thought of avenging Gibson&amp;#8217;s death themselves before deciding to trust the criminal justice system.

Franceschelli ridiculed Calaway&amp;#8217;s assertion that Gibson&amp;#8217;s family was protecting the real shooter. He said that it was not clear if Keith Watson was related to Gibson&amp;#8217;s family, but if so, it was a distant relationship.

&amp;#8220;Keith Watson is the defendant&amp;#8217;s friend, not the family&amp;#8217;s friend,&amp;#8221; Franceschelli said. &amp;#8220;They have no more love for Watson than they do for Lewis.&amp;#8221;

Franceschelli said that he took offense to Calaway stating that those family members fled the scene. He said those witnesses were seen there by police after the shooting, particularly Anthony Snowden Sr., Gibson&amp;#8217;s father, who tearfully testified Wednesday that he held his son as he lay dying.

&amp;#8220;He was there, holding his son in his arms,&amp;#8221; Franceschelli said while pointing to Snowden, who was sitting in the spectators&amp;#8217; section.

He also said that the three witnesses gave statements to police that accurately described what types of weapons Lewis and Watson each held during the incident. The bullet taken from Gibson&amp;#8217;s body matched the caliber of Lewis&amp;#8217; gun, not Watson&amp;#8217;s, Franceschelli said.

Lewis is still awaiting trial on charges stemming from shots fired at mourners leaving a May 11 funeral for Raymond &amp;#8220;Byrd&amp;#8221; McDaniel at St. Paul Global Outreach Ministries, 2050 Germantown St. Lewis shot at an Otterbein Mafia member but missed and when his gun jammed, he fled from the church parking lot, police said.

Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.

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<dc:date>2009-10-29T13:25:09-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Driver who hit four, killing one, sentenced to 10 years in prison</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/27/katies_place.html</link>
<description>DAYTON &amp;#8212; The man convicted of charges in a hit-and-run incident at the Katie&amp;#8217;s Place bar, which killed one person and injured three others, was sentenced to 10 years in prison Tuesday, Oct. 27 David Diaz Dominguez, 37, appeared before...</description>
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DAYTON &amp;#8212; The man convicted of charges in a hit-and-run incident at the Katie&amp;#8217;s Place bar, which killed one person and injured three others, was sentenced to 10 years in prison Tuesday, Oct. 27

David Diaz Dominguez, 37, appeared before Montgomery County Common Pleas Judge Frances E. McGee. He pleaded guilty Aug. 25 to aggravated vehicular homicide, three counts of vehicular assault and two counts of aggravated assault. 

The aggravated vehicular homicide count is a second-degree felony, punishable by up to eight years in prison. The other charges are all fourth-degree felonies, punishable by up to 18 months in prison.

David Diaz Dominguez

As a result of the April 24 incident, Rodrido Resendiz Bahena, 27, suffered multiple blunt force trauma to all areas of his body, including severe injuries to his head and neck, according to a Montgomery County Coroner&amp;#8217;s autopsy.

Bahena and two other people, another male and female, were critically injured after being hit by a 2000 Ford Expedition driven by Dominguez, police said. The incident happened about 1 a.m. at the bar, which is at 2264 E. Fifth St. A fourth person was hit, but was treated for minor injuries. 

Montgomery County Prosecutor Mathias H. Heck, Jr. said in May that Dominguez had been shooting pool inside the bar when he got into an argument with another person and was asked to leave. Once outside, Dominguez continued to argue with other patrons, then got into his car and drove through the parking lot. Two of the other people hit were bar employees, Heck said.

Dominguez fled to Texas after the incident. He was arrested in Pasadena on May 1, then extradited and booked into the Montgomery County Jail on May 13. As of Wednesday, Dominguez remained in the jail on $1 million bond.

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<dc:date>2009-10-27T16:51:07-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Trial opens in gang slaying at memorial cookout</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/26/dayton_the_trial_of.html</link>
<description>DAYTON &amp;#8212; The trial of Theron Lewis, accused of gunning down a man at a memorial cookout for a fallen gang member, started Monday, Oct. 26 with testimony about Lewis&amp;#8217; prior felony conviction and the fatal injuries to Isaac Watson....</description>
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DAYTON &amp;#8212; The trial of Theron Lewis, accused of gunning down a man at a memorial cookout for a fallen gang member, started Monday, Oct. 26 with testimony about Lewis&amp;#8217; prior felony conviction and the fatal injuries to Isaac Watson.

&amp;#8220;It&amp;#8217;s a senseless killing,&amp;#8221; assistant Montgomery County prosecutor Mike Brush told the jury. &amp;#8220;It&amp;#8217;s an absolute tragedy and unfortunately, it&amp;#8217;s all too common.&amp;#8221;

But defense attorney Scott Calaway told the jury that Lewis did not shoot Gibson, and that jurors would not convict Lewis because &amp;#8220;there is simply no competent and credible evidence to support that conclusion.&amp;#8221;

The trial will continue Wednesday and is expected to continue through the week.

Lewis, 24, is on trial before county common pleas Judge Frances E. McGee on counts of murder, felonious assault and being a felon in possession of a weapon. All of the charges deal with the April 25 death of Gibson.

Lewis is still awaiting trial on charges connected to shots fired at mourners leaving a May 11 funeral for Raymond &amp;#8220;Byrd&amp;#8221; McDaniel at St. Paul Global Outreach Ministries, 2050 Germantown St. Lewis shot at an Otterbein Mafia member but missed and when his gun jammed, he fled from the church parking lot, police said.

Gibson, 25, was shot at a cookout that followed funeral services for Thomas &amp;#8220;Tom-Tom&amp;#8221; Watson, who was killed April 16. Police said Gibson was a member of the Hunnid Block Boys and Lewis, also known as &amp;#8220;T. Streets&amp;#8221; was with the Dayton View Hustlers. 

Brush said several men started fighting at the cookout, which was at 1807 Riverview Drive. At one point, Thomas Watson&amp;#8217;s cousin Keith Watson pulled out a gun and fired a shot into the ground, Brush said.

Gibson&amp;#8217;s father and brother got him to leave the area and took him to his car, which was parked in the alley behind 1807 Riverview. But before he could leave, several people jumped him. During the fight, Lewis shot Gibson in the abdomen, Brush said.

But Calaway predicted that jurors would not find the prosecution&amp;#8217;s witnesses to be credible, and that the real shooter&amp;#8217;s identity was being protected by those witnesses.

&amp;#8220;All of these individuals have criminal records,&amp;#8221; Calaway said. &amp;#8220;All of these individuals have connections to each other.&amp;#8221;

Thomas Watson, 25, was known as a leader of the Dayton View Hustlers, a gang rooted in the Dayton View neighborhood between Salem Avenue and James H. McGee Boulevard. He was shot in the face while playing on a basketball court at College Hill Park. Chamare Mays is awaiting trial in that case.

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<dc:date>2009-10-26T16:25:53-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Man pleads guilty in Huber Heights stabbing case</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/26/man_pleads_guilty_in_huber_hei.html</link>
<description>DAYTON &amp;#8212; A man accused of stabbing another man June 25 near a Huber Heights bar pleaded guilty to one count of felonious assault Monday, Oct. 26, one day before his trial was to begin. James C. Harper, 22, will...</description>
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DAYTON &amp;#8212; A man accused of stabbing another man June 25 near a Huber Heights bar pleaded guilty to one count of felonious assault Monday, Oct. 26, one day before his trial was to begin.

James C. Harper, 22, will be sentenced Nov. 9 by Montgomery County Common Pleas Judge Connie Price.

Harper was indicted on two counts of felonious assault, which likely would have merged for sentencing purposes had he been convicted of both. He pleaded to the count of felonious assault with a deadly weapon. The second count, for causing serious harm, was dismissed.

Felonious assault is a second-degree misdemeanor, punishable by up to eight years in prison. No agreement was made on sentencing, according to court officials.

Harper was accused of stabbing Ralph Westery, 44, of Huber Heights.

Westery had been inside the Cape Lounge, 5130 Brandt Pike. He went out to his sport utility vehicle and found Harper lying on the front seat.

Westery scared off Harper and went back inside the lounge, then was told Harper had recently been released from prison. Westery then decided to go after Harper, chasing him several blocks before he caught him, according to police.

Harper stabbed Westery in the stomach with a multipurpose tool knife and ran. Police later arrested Harper near the bar, police said.

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<dc:date>2009-10-26T13:46:25-04:00</dc:date>
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<title>Woman pleads guilty to sex charge involving boy</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/23/_dayton_a_woman.html</link>
<description>DAYTON &amp;#8212; A woman accused of celebrating her 55th birthday by having sex with a 12-year-old boy pleaded guilty to one count of gross sexual imposition of a person under age 13 on Friday, Oct. 23. Gloria J. Murphy, of...</description>
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DAYTON &amp;#8212; A woman accused of celebrating her 55th birthday by having sex with a 12-year-old boy pleaded guilty to one count of gross sexual imposition of a person under age 13 on Friday, Oct. 23.

Gloria J. Murphy, of 5440 Rawlings Drive, appeared before Montgomery County Common Pleas Judge Mary Katherine Huffman, who set sentencing for Dec. 2.

The charge is a third-degree felony, punishable by up to five years in prison.

Gloria J. Murphy

Murphy, who uses a walker and an oxygen tube, appeared frail. 

&amp;#8220;I&amp;#8217;m getting shook,&amp;#8221; she said in a gravelly voice when she was confused by some of Huffman&amp;#8217;s questions.

Murphy will be designated a Tier 2 sex offender. Her other charge, rape of a child under age 13, was dropped under the plea agreement. There is no agreement on sentencing. Assistant county prosecutor Joshua Muennich told Huffman that the victim&amp;#8217;s family had approved the plea agreement.

Rape of a child under 13, a first-degree felony, is punishable by up to 10 years to life in prison. 

&amp;#8220;This defendant took advantage of a neighborhood child by providing him alcohol and having sex with him,&amp;#8221; Montgomery County Prosecutor Mathias H. Heck, Jr. said after Murphy was indicted in February. &amp;#8220;

Dayton police arrested Murphy at 8 a.m. on Jan. 30 after the boy notified an adult he had sex with Murphy, according to police.

The encounter happened late Jan. 28 &amp;#8212; Murphy&amp;#8217;s birthday &amp;#8212; and lasted into the early hours the next day, according to Dayton police. Murphy did not force the boy to have sex, but since he is younger than 13, it is considered rape, police said.

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<dc:date>2009-10-23T16:28:36-04:00</dc:date>
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<title>Man sentenced to prison for his role in slaying at Nasru Fashions</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/23/aaron_whitfield.html</link>
<description>DAYTON &amp;#8212; Aaron Whitfield, one of four people charged in the 2004 robbery and slaying of a Dayton store owner, pleaded guilty to involuntary manslaughter and aggravated robbery on Friday, Oct. 23. Whitfield was to go on trial Monday. Montgomery...</description>
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DAYTON &amp;#8212; Aaron Whitfield, one of four people charged in the 2004 robbery and slaying of a Dayton store owner, pleaded guilty to involuntary manslaughter and aggravated robbery on Friday, Oct. 23.

Whitfield was to go on trial Monday. Montgomery County Common Pleas Judge Mary Katherine Huffman sentenced him to 16 years in prison, as specified in the plea agreement. An aggravated murder charge was dropped.

Aaron Whitfield

This was to be Whitfield&amp;#8217;s second trial in this case. He was convicted of aggravated murder and aggravated robbery after a Sept. 2007 jury trial then sentenced him to 23 years to life. The Ohio 2nd District Court of Appeals reversed that conviction, stating that police violated his Miranda rights.

Three other people have already been convicted in the death of Mamadou Njie, 45, owner of Nasru Fashions, 1937 N. Main St.

Njie was shot several times during the Sept. 30, 2004 robbery attempt. 

The shooter, Alexandre Pendergrass, pleaded guilty to aggravated murder and aggravated robbery, and received a 23-year-to-life sentence. Pendergrass testified against Whitfield, whose role in the robbery was to distract Njie while Pendergrass entered the store.

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<dc:date>2009-10-23T16:12:50-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Two indicted in thefts from elderly relatives</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/23/dayton_two_people_have.html</link>
<description>DAYTON &amp;#8212; Two people have been indicted in separate cases involving theft from elderly relatives they had power of attorney of, according to Montgomery County Prosecutor Mathias H. Heck, Jr. &amp;#8220;The greed these defendants exhibited is appalling,&amp;#8221; Heck said Friday,...</description>
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DAYTON &amp;#8212; Two people have been indicted in separate cases involving theft from elderly relatives they had power of attorney of, according to Montgomery County Prosecutor Mathias H. Heck, Jr.

&amp;#8220;The greed these defendants exhibited is appalling,&amp;#8221; Heck said Friday, Oct. 23. The indictments were handed down by the grand jury on Oct. 15.

Cheryl Sorer, 48, of Cincinnati, was indicted on one count of theft of more than $100,000 from an elderly or disabled adult. She was also indicted on eight counts of forgery.

Sorer had power of attorney over a 93-year-old family member. During a four-year period, she took more than $115,000 from the victim&amp;#8217;s bank accounts and Series E bonds, Heck said.

Steven Haggerty, 55, of Bellville, was indicted on one count of theft of more than $100,000 from an elderly or disabled adult and one count of attempt to commit grand theft of more than $25,000.

Haggerty had power of attorney over a 90-year-old family member. During a three-year period, he took more than $200,000 and attempted to close bank accounts containing about $79,000, Heck said.

Both cases are being prosecuted by prosecutor&amp;#8217;s office&amp;#8217;s Adult Protection Unit, headed by assistant county prosecutor Jennifer Heapy.

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<dc:date>2009-10-23T14:14:46-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Man who dragged police officer will spend eight years in prison</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/23/man_who_dragged_police_officer.html</link>
<description>DAYTON &amp;#8212; A man accused of dragging a Dayton police officer with his car will spend eight years in prison, under a plea agreement reached Friday, Oct. 23. Gregory L. Walz, 53, pleaded guilty of all indicted charges, which included...</description>
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DAYTON &amp;#8212; A man accused of dragging a Dayton police officer with his car will spend eight years in prison, under a plea agreement reached Friday, Oct. 23.

Gregory L. Walz, 53, pleaded guilty of all indicted charges, which included felonious assault on a police officer with serious physical harm, felonious assault on a police officer with a deadly weapon, failure to comply with the order or signal of a police officer and vandalism.

Walz will be sentenced on Dec. 2 by Montgomery County Common Pleas Judge Michael L. Tucker. 

Walz&amp;#8217;s trial was to start Monday. He faced a maximum of 26 years in prison had he been convicted of all charges at trial.

Walz was at the First Street Recycling Center on June 16 trying to cash in some brass fittings and copper when he was questioned by Detective Jamie Bullens. Walz hopped in his white Jeep Liberty and tried to take off. Bullens was dragged about 30 feet before Walz hit a wall.

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<dc:subject></dc:subject>
<dc:date>2009-10-23T13:25:06-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Second man indicted in Club Ivy arson</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/22/dayton_a_second_man.html</link>
<description>DAYTON &amp;#8212; A second man has been indicted on charges connected to the Club Ivy fire, which killed chef Robert Fabia on Aug. 26, 2008. The Montgomery County grand jury on Thursday, Oct. 22, indicted Anthony Lee Berry on three...</description>
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DAYTON &amp;#8212; A second man has been indicted on charges connected to the Club Ivy fire, which killed chef Robert Fabia on Aug. 26, 2008.

The Montgomery County grand jury on Thursday, Oct. 22, indicted Anthony Lee Berry on three counts of aggravated arson, one count of arson and three counts of murder. All three murder counts are from a proximate result of the aggravated arson counts.

Berry, 40, also known as Anthony Blakely, was arrested Oct. 13.

Anthony Berry

James D. Williams III

The fire is believed to have been set by James D. Williams, 28, of Trotwood. Montgomery County Common Pleas Judge Mary Wiseman sentenced Williams to 15 years to life in prison Sept. 10. 

The jury convicted Williams on July 30 of:
&amp;#8212; One count of aggravated arson, under the part of the statute that covers an occupied structure.
&amp;#8212; One count of aggravated arson, under the part of the statute that covers agreement for hire.
&amp;#8212; Two counts of felony murder, which were contingent on convictions for the two aggravated arson counts.
&amp;#8212; One count of arson.
&amp;#8212; One count of involuntary manslaughter, which was contingent on a conviction for the arson count.
&amp;#8212; Two counts of possessing criminal tools, for the ladder and gas can that were used in the crime.

The jury acquitted Williams of a third count of aggravated arson, this one under the part of the statute that covers harm to a person, and a murder count that was contingent on that aggravated arson count.

Under Ohio law, a person can be convicted of murder, even if the defendant did not purposely kill another, should the defendant be convicted of certain high-level felonies, such as aggravated arson.

Police have said that it appeared to be an arson-for-hire and that more arrests could follow. The owner of the club, 3509 N. Main St., is not a suspect, police said.

Fire crews found Fabia underneath burned debris and ash inside the club, where he was known to sleep overnight on a couch at the club.

During Williams trial Williams&amp;#8217; girlfriend testified that he told her he was going to do &amp;#8220;a job&amp;#8221; the night the club was set ablaze.

Williams returned with a couple of hundred dollars and asked her to watch the television news for him.

When Williams learned someone died in the fire, he was mortified, his former girlfriend testified.

Williams&amp;#8217; family contends he didn&amp;#8217;t know Fabia was inside.

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<dc:subject></dc:subject>
<dc:date>2009-10-22T15:30:03-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>China Arnold&apos;s lawyers fight for a new trial</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/21/china_arnolds_lawyers_fight_fo.html</link>
<description>DAYTON &amp;#8212; A defense attorney for China Arnold, the Dayton woman convicted last year of killing her baby in a microwave oven, filed a brief Wednesday, Oct. 21, with the Ohio 2nd District Court of Appeals, arguing that Arnold should...</description>
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<![CDATA[DAYTON &#8212; A defense attorney for China Arnold, the Dayton woman convicted last year of killing her baby in a microwave oven, filed a brief Wednesday, Oct. 21, with the Ohio 2nd District Court of Appeals, arguing that Arnold should get a new trial.

Jon Paul Rion&#8217;s argument alleges five types of errors, including:
&bull; That Montgomery County Common Pleas Judge Mary Wiseman erred by not granting a new trial following a hearing last November. 
&bull; That during Arnold&#8217;s second trial, Wiseman should have allowed more evidence of another person&#8217;s involvement in the crime
&bull; That Wiseman should not have allowed prosecutors to show a videotape of Linda Williams&#8217; testimony from the first trial, which ended in a mistrial. Prosecutors said they could not find Williams.
&bull; That prosecutors committed several acts of prosecutorial misconduct, including failing to disclose witness information and money spent on witnesses.
&bull; The cumulative effect of these errors should also be grounds for a new trial.

Wiseman ruled Dec. 8 that Arnold should not get a third trial, and that all of Rion&#8217;s arguments lacked merit. She also dismissed the defense&#8217;s call for a special prosecutor to investigate wrongdoing because &#8220;there is nothing for a special prosecutor to prosecute.&#8221;

The appellate division of the county prosecutor&#8217;s office is expected to file a brief to answer Rion&#8217;s claims.

In September 2008, Arnold was spared the death penalty after her conviction on aggravated murder; the jury deadlocked during the punishment phase. Wiseman sentenced her to life without the possibility of parole.

Arnold&#8217;s baby, Paris Talley, was 28 days old when she died Aug. 30, 2005.

Arnold&#8217;s first trial ended in February when a mistrial was declared after a man came forward and said his son, then about 5 years old, saw another boy put the child in a microwave.

Defense attorneys Rion and Kevin Lennen put on several witnesses during a two-day hearing in November. One was Linda Williams, a former Montgomery County Jail inmate who testified during the first trial that Arnold admitted killing her baby. During the hearing, she recanted, but also said she was on &#8220;psych meds&#8221; and couldn&#8217;t recall what she was told.

&#8220;Williams&#8217;s recantation is so incredible that it cannot form the basis for a third trial,&#8221; Wiseman wrote, adding that her hearing testimony included &#8220;numerous internal contradictions, outlandish exaggerations and nonsensical explanations.&#8221;

Wiseman also wrote about boy identified only by the initials T.H., who testified that another child admitted to him that he placed the baby in the microwave. Wiseman wrote that the boy&#8217;s testimony lacked any credibility.

&#8220;After two highly publicized trials involving people in his neighborhood, church and family, and involving highly publicized events from three and a half years ago, this is the first time that T.H. has come forward&#8221; about the alleged confession, Wiseman wrote. &#8220;T.H.&#8217;s proffered testimony is indefinite, uncorroborated and cumulative, on top of constituting inadmissible hearsay.&#8221;
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<dc:date>2009-10-21T13:47:32-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Woman shot in parking lot files lawsuit against Wal-Mart</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/13/dayton_a_woman_shot.html</link>
<description>DAYTON &amp;#8212; A woman shot during a robbery in a local Walmart parking lot has filed a lawsuit against the retail giant, claiming that the store was negligent in dealing with safety and crime issues. The incident occurred Dec. 20...</description>
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DAYTON &amp;#8212; A woman shot during a robbery in a local Walmart parking lot has filed a lawsuit against the retail giant, claiming that the store was negligent in dealing with safety and crime issues.

The incident occurred Dec. 20 at the store at 1701 W. Dorothy Lane. Gina King was wheeling a shopping cart to her car when she was robbed and shot in the abdomen. She was released from Miami Valley Hospital six days later.

&amp;#8220;She&amp;#8217;s been suffering with the fear and still living that moment through,&amp;#8221; said King&amp;#8217;s attorney, Aaron Durden, on Tuesday, Oct. 13.

The lawsuit was filed Oct. 2. It claims that the store &amp;#8220;knew or should have known of previous crimes that had occurred in its parking lot that threatened the safety of its customers and business invitees.&amp;#8221;

King suffered permanent injuries from the shooting, according to the lawsuit, which asks for more than $75,000 in damages from Walmart, the individual store and Jason Brooks, identified as a store manager.

Michelle Bradford, a spokesman at Walmart&amp;#8217;s corporate headquarters in Arkansas, said the company would not comment on pending litigation, but would respond in court.

&amp;#8220;The safety and well-being of our customers is very important to us,&amp;#8221; Bradford said.

Two men, La&amp;#8217;Shawn Porcher and Richard T. Elijah, have been convicted and sentenced in the crime. Durden said King wanted to wait until the criminal cases were over before filing her lawsuit.

Porcher, 46, pleaded guilty July 24 to complicity to commit aggravated robbery. A second count, complicity to commit felonious assault, was dropped. Montgomery County Common Pleas Judge Mary Wiseman sentenced him to seven years in prison on Aug. 13.

Just as his trial was to start Aug. 4, Elijah pleaded guilty to two counts of felonious assault and one count of aggravated robbery. As part of the plea agreement, Wiseman sentenced Elijah, 47, to 10 years in prison. 

Elijah had been released from prison just two days before the WalMart shooting for an April conviction for breaking and entering. 

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<dc:subject></dc:subject>
<dc:date>2009-10-13T16:11:24-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Man indicted in fatal crash</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2009/10/13/man_indicted_in_fatal_crash.html</link>
<description>DAYTON &amp;#8212; A Dayton man involved in an April 26 crash that killed a West Alexandria woman was indicted Tuesday, Oct. 13, on two counts of aggravated vehicular homicide and one count of driving while under the influence. One of...</description>
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DAYTON &amp;#8212; A Dayton man involved in an April 26 crash that killed a West Alexandria woman was indicted Tuesday, Oct. 13, on two counts of aggravated vehicular homicide and one count of driving while under the influence.

One of the aggravated vehicular homicide charges filed against Justin M. Henderson is a first-degree felony, punishable by up to 10 years in prison. The other is a second-degree felony, punishable by up to eight years in prison.

Henderson, now 21, was 20 at the time of the accident that killed 41-year-old Mary J. Farrow. Kettering police said Henderson ran a red light while driving a white Oldsmobile Cutlass north along Research Boulevard. His speed was higher than the 40 mph posted speed limit, police said. 

Farrow, driving a 1996 Jeep Grand Cherokee Laredo, was westbound on Shakertown Road.

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.

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<dc:subject></dc:subject>
<dc:date>2009-10-13T16:08:39-04:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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