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<channel>
<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>
<dc:language>en-us</dc:language>
<dc:creator>lgrieco@coxohio.com</dc:creator>
<dc:date>2012-02-10T16:55:57-05:00</dc:date>
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<item>
<title>Main Mart slaying case ends with conviction</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/10/main_mart_slaying_case_ends_wi.html</link>
<description>DAYTON &amp;#8212; Antonio Wynn, charged with complicity to commit murder in connection with a slaying committed by a childhood friend, was convicted Friday. Montgomery County Common Pleas Judge Frances E. McGee turned the case over to the jury about 12:10...</description>
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DAYTON &amp;#8212; Antonio Wynn, charged with complicity to commit murder in connection with a slaying committed by a childhood friend, was convicted Friday.

Montgomery County Common Pleas Judge Frances E. McGee turned the case over to the jury about 12:10 p.m. They came back with the verdict about 3:30 p.m., and McGee set sentencing for Feb. 28.

Both prosecutors and Wynn&amp;#8217;s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him.

&amp;#8220;These two defendants, Antonio Wynn and George Turner, acted together in this crime,&amp;#8221; said assistant Montgomery County prosecutor Jennifer Brumby during her closing argument Friday afternoon.

But Anthony Cicero said, while his client did assault Deonta Beans, he did not know that Turner was going to shoot him. 

&amp;#8220;This was an unexpected event,&amp;#8221; Cicero said.

Beans, 20, was beaten and shot Dec. 3, 2010 in the Main Mart convenience store, which is on the 2400 block of North Main Street, near Parkwood Avenue. He died hours later at Miami Valley Hospital.

Surveillance video showed that Wynn and Turner walked into the store and Wynn punched Beans twice before Turner shot him.

The trial started Monday. Turner, 20, was to go on trial this week with Wynn, but he pleaded guilty to murder and tampering with evidence last week. No charges were dismissed, and his sentencing was set for Feb. 14.

Subpoenaed as a witness, Turner testified for the defense, and said that Beans robbed him at gunpoint with two accomplices weeks before Beans&amp;#8217; slaying. Those men put Turner on his knees, Cicero said.

&amp;#8220;He thought he was going to be executed,&amp;#8221; Cicero said. &amp;#8220;That&amp;#8217;s what Deonta Beans did to George Turner.&amp;#8221;

Turner also testified that the two split up a pair of gloves before they entered the store. Wynn, who is right-handed, put on the right glove. Turner, who is left handed, put on the left.

Cicero told the jury not to focus on &amp;#8220;isolated still issues,&amp;#8221; from the video.

&amp;#8220;Antonio Wynn did not aid or abet the felonious assault, the shooting of Deonta Beans,&amp;#8221; Cicero said. &amp;#8220;He was there to beat up Deonta Beans. That is not what he is on trial for.&amp;#8221;

Assistant county prosecutor David Franceschelli said that the defense was wrong to characterize the shooting as an unexpected event, as two childhood friends, one armed, went to exact revenge for the prior robbery. The shooting was a foreseeable outcome of that, he said.

&amp;#8220;That&amp;#8217;s classic aiding and abetting,&amp;#8221; Franceschelli said. &amp;#8220;He doesn&amp;#8217;t get a freebee.&amp;#8221;

Wynn was arrested that same evening at his home on the 2600 block of Main, wearing the same clothes as the attacker, Brumby said.

Members of the Southern Ohio Fugitive Apprehension Strike Team, or SOFAST, arrested Turner at a West Cornell Woods Drive apartment Jan. 21, 2011.

Beans&amp;#8217; older brother Jeffrey, 26, was killed Jan. 9, 2011 and his body dumped in an alley near the Paul Laurence Dunbar House. Police said last year they had found no evidence to connect the brothers&amp;#8217; slayings.

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<dc:date>2012-02-10T16:55:57-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Main Mart slaying case goes to the jury</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/10/dayton_the_case_against_1.html</link>
<description>DAYTON &amp;#8212; The case against Antonio Wynn, charged with complicity to commit murder in connection with a slaying committed by a childhood friend, went to the jury Friday. Montgomery County Common Pleas Judge Frances E. McGee turned the case over...</description>
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DAYTON &amp;#8212; The case against Antonio Wynn, charged with complicity to commit murder in connection with a slaying committed by a childhood friend, went to the jury Friday.

Montgomery County Common Pleas Judge Frances E. McGee turned the case over to the jury about 12:10 p.m.

Both prosecutors and Wynn&amp;#8217;s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him.

&amp;#8220;These two defendants, Antonio Wynn and George Turner, acted together in this crime,&amp;#8221; said assistant Montgomery County prosecutor Jennifer Brumby during her closing argument Friday afternoon.

But Anthony Cicero said, while his client did assault Deonta Beans, he did not know that Turner was going to shoot him. 

&amp;#8220;This was an unexpected event,&amp;#8221; Cicero said.

Beans, 20, was beaten and shot Dec. 3, 2010 in the Main Mart convenience store, which is on the 2400 block of North Main Street, near Parkwood Avenue. He died hours later at Miami Valley Hospital.

Surveillance video showed that Wynn and Turner walked into the store and Wynn punched Beans twice before Turner shot him.

The trial started Monday. Turner, 20, was to go on trial this week with Wynn, but he pleaded guilty to murder and tampering with evidence last week. No charges were dismissed, no sentencing date has been set, and Turner was subpoenaed as a witness in Wynn&amp;#8217;s trial, according to court records.

Turner testified for the defense, and said that Beans robbed him at gunpoint with two accomplices weeks before Beans&amp;#8217; slaying. Those men put Turner on his knees, Cicero said.

&amp;#8220;He thought he was going to be executed,&amp;#8221; Cicero said. &amp;#8220;That&amp;#8217;s what Deonta Beans did to George Turner.&amp;#8221;

Turner also testified that the two split up a pair of gloves before they entered the store. Wynn, who is right-handed, put on the right glove. Turner, who is left handed, put on the left.

Cicero told the jury not to focus on &amp;#8220;isolated still issues,&amp;#8221; from the video.

&amp;#8220;Antonio Wynn did not aid or abet the felonious assault, the shooting of Deonta Beans,&amp;#8221; Cicero said. &amp;#8220;He was there to beat up Deonta Beans. That is not what he is on trial for.&amp;#8221;

Assistant county prosecutor David Franceschelli said that the defense was wrong to characterize the shooting as an unexpected event, as two childhood friends, one armed, went to exact revenge for the prior robbery. The shooting was a foreseeable outcome of that, he said.

&amp;#8220;That&amp;#8217;s classic aiding and abetting,&amp;#8221; Franceschelli said. &amp;#8220;He doesn&amp;#8217;t get a freebee.&amp;#8221;

Wynn was arrested that same evening at his home on the 2600 block of Main, wearing the same clothes as the attacker, Brumby said.

Members of the Southern Ohio Fugitive Apprehension Strike Team, or SOFAST, arrested Turner at a West Cornell Woods Drive apartment Jan. 21, 2011.

Beans&amp;#8217; older brother Jeffrey, 26, was killed Jan. 9, 2011 and his body dumped in an alley near the Paul Laurence Dunbar House. Police said last year they had found no evidence to connect the brothers&amp;#8217; slayings.

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<dc:date>2012-02-10T11:24:11-05:00</dc:date>
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</item>
<item>
<title>Former Dayton probation officer pleads guilty to seven felonies related to embezzlement</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/06/former_dayton_probation_office.html</link>
<description>DAYTON - A former Dayton Municipal Court probation officer, accused of embezzling more than $90,000 in probationers&amp;#8217; fees that were to go to the city, pleaded guilty Monday to seven felonies. Douglas W. Lowe, 38, was indicted in July on...</description>
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DAYTON - A former Dayton Municipal Court probation officer, accused of embezzling more than $90,000 in probationers&amp;#8217; fees that were to go to the city, pleaded guilty Monday to seven felonies.

Douglas W. Lowe, 38, was indicted in July on 16 third-degree felonies, all of them punishable by up to 36 months in prison, and two misdemeanors. On Monday, Lowe pleaded guilty to:

&amp;#8212; One count of theft in office of more than $5,000
&amp;#8212; Five counts of tampering with government records
&amp;#8212; One count of tampering with evidence

Lowe will be sentenced by Montgomery County Common Pleas Judge Timothy O&amp;#8217;Connell on March 12.

Lowe, who also once worked as a part-time University of Dayton police officer, worked for the court from 2006 until 2009. He was in charge of and administered the court&amp;#8217;s electronic home detention program until he resigned after being confronted with allegations of misconduct, according to Montgomery County Prosecutor Mathias H. Heck, Jr.

&amp;#8220;This defendant abused his position of authority and his acts undermine the credibility of the criminal justice system,&amp;#8221; Heck said Monday. &amp;#8220;The citizens of our community rightfully demand and should expect that government employees will be honest and trustworthy. As such, we will be asking the judge for a significant prison sentence in addition to paying restitution.&amp;#8221;

Following Lowe&amp;#8217;s resignation, the court conducted an audit of fees paid by probationers and collected by the probation department for the home detention program. After discrepancies were found, court officials asked the fraud unit of the prosecutor&amp;#8217;s office to investigate. 

The fraud unit found that Lowe collected supervision fees from probationers and would keep the money. He would then alter records to cover for his thefts, Heck said. 

Lowe resigned on Dec. 4, 2009, the same day officials signed a letter stating he would no longer be employed by the court. 

He had been on probation for a &amp;#8220;history of lack of judgment&amp;#8221; that included misuse of a city vehicle and issues related to nearly $4,800 he owed the city after receiving too much retroactive pay. 

A letter in his file dated Aug. 17 states that another violation of the court&amp;#8217;s personnel policy would result in his termination. 

On Nov. 27, the probation office received an anonymous letter that stated Lowe had been driving a Mercedes from Bob Ross Buick Inc. with dealers plates for more than a month. 

At that time, Lowe was monitoring the home detention of Robert Ross Jr., whose family owned the Centerville dealership and who worked there as a salesman. 

In 2001, Lowe was arrested after an incident at his ex-girlfriend&amp;#8217;s Huber Heights home. Lowe had gotten into an altercation with the ex-girlfriend&amp;#8217;s new boyfriend the previous night in the Oregon District. 

When the ex-girlfriend refused to let him in the next morning, Lowe kicked in the door then got into another fight with the boyfriend. 

Lowe, at the time a UD officer, had his service weapon with him. The boyfriend disarmed him, and Lowe was arrested, according to court records. 

Lowe was never indicted in the case, in part because his ex-girlfriend and her new boyfriend refused to cooperate. The ex-girlfriend told police that Lowe paid child support and she needed the money from him, according to court records. 

Lowe petitioned to have his arrest record sealed in 2007, stating that he wanted to become chief probation officer and he thought the record would hurt his efforts. 

Montgomery County Common Pleas Judge Mary Katherine Huffman denied Lowe&amp;#8217;s request, citing the violent nature of the offense, Lowe&amp;#8217;s &amp;#8220;lack of meaningful remorse beyond his empty statement of regret,&amp;#8221; and &amp;#8220;the fact that the case was not adjudicated on the merits, but apparently was dismissed because of the lack of cooperation of the complaining witnesses.&amp;#8221; 

Huffman also noted that his employment as a probation officer may permit him to be armed.

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<dc:date>2012-02-06T16:46:56-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Trial starts for man charged in connection with Main Mart slaying</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/06/trial_starts_for_man_charged_i.html</link>
<description>DAYTON - Both prosecutors and Antonio Wynn&amp;#8217;s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him. &amp;#8220;He sucker-punched...</description>
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DAYTON - Both prosecutors and Antonio Wynn&amp;#8217;s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him.

&amp;#8220;He sucker-punched Deonta Beans in the head and Deonta Beans never even saw it coming,&amp;#8221; said assistant Montgomery County prosecutor Jennifer Brumby on Monday. &amp;#8220;These two men acted together. He helped George Turner that evening.&amp;#8221;

But defense attorney Anthony Cicero said that while Wynn intended to hit Beans, &amp;#8220;George Turner for reasons that are his alone, decided to take it to the next step.&amp;#8221;

Beans, 20, was beaten and shot Dec. 3, 2010 in the Main Mart convenience store, which is on the 2400 block of North Main Street, near Parkwood Avenue. He died hours later at Miami Valley Hospital.

Wynn is charged with one count, complicity to commit murder. The trial, before common pleas Judge Frances E. McGee, started Monday and is expected to continue through the week.

Turner, 20, was to go on trial this week with Wynn, but he pleaded guilty to murder and tampering with evidence last week. No charges were dismissed, no sentencing date has been set, and Turner has been subpoenaed as a witness in Wynn&amp;#8217;s trial, according to court records.

Brumby said that surveillance video, which will be introduced as evidence, shows Wynn walks into the store, followed by Turner. Wynn walks up to Beans and hits him, knocking him backward. Turner pulls out a gun and Wynn hits Beans for a second time before Turner shoots him, she said.

At the time of the attack, Wynn was wearing a glove on his right hand, the one he used to punch Beans, but not one on his left hand, Brumby said.

Wynn was arrested that same evening at his home on the 2600 block of Main, wearing the same clothes as the attacker, Brumby said.

Cicero told the jury the surveillance video would show that Turner did not have the gun out, until after Beans had been assaulted. He said that was evidence there was no prior plan. He also said the video would show Wynn flinching and stopping his attack when Turner shot Beans, showing evidence of surprise.

&amp;#8220;He did not in any way expect that George was going to pull out a gun and shoot that person,&amp;#8221; Cicero said.

Members of the Southern Ohio Fugitive Apprehension Strike Team, or SOFAST, arrested Turner at a West Cornell Woods Drive apartment Jan. 21, 2011.

Beans&amp;#8217; older brother Jeffrey, 26, was killed Jan. 9, 2011 and his body dumped in an alley near the Paul Laurence Dunbar House. Police said last year they had found no evidence to connect the brothers&amp;#8217; slayings.

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<dc:date>2012-02-06T15:23:21-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Indiana man convicted of killing U.S. DEA confidential informant</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/03/dayton_an_indiana_man.html</link>
<description>DAYTON &amp;#8212; An Indiana man accused of killing a U.S. Drug Enforcement Administration confidential informant was convicted of all charges Friday, including aggravated murder, after nearly two days of jury deliberations. Montgomery County Common Pleas Judge Frances E. McGee gave...</description>
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DAYTON &amp;#8212; An Indiana man accused of killing a U.S. Drug Enforcement Administration confidential informant was convicted of all charges Friday, including aggravated murder, after nearly two days of jury deliberations.

Montgomery County Common Pleas Judge Frances E. McGee gave the case to the jury on Wednesday night, but jurors did not start deliberating until Thursday morning. They broke for the evening, started up about 9 a.m. Friday, then continued until about 2:45 p.m.

McGee set Anthony Croom&amp;#8217;s sentencing for Feb. 21.

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. All charges relate to the slaying of Anthony Hurd on Aug. 2, 2007 in Englewood.

The jury also convicted Croom of firearm specifications on all five charges.

Hurd&amp;#8217;s father Thomas said the verdict made him &amp;#8220;ecstatic&amp;#8221; but he also said that he hoped that the others involved in the conspiracy would be brought to justice.

&amp;#8220;My son wasn&amp;#8217;t just killed, he was massacred,&amp;#8221; Hurd said. &amp;#8220;This is not over. Eventually, we&amp;#8217;ll be back here again.&amp;#8221;

At the time of his death, Hurd, who was from Richmond, Ind., was in Ohio hiding from three men who had sold him crack cocaine while he was wearing a wire, according to trial testimony. Prosecutors claim Croom was hired to kill Hurd to derail criminal prosecutions of those three men, who are all from Richmond.

&amp;#8220;They were facing decades in prison,&amp;#8221; assistant county prosecutor Erin Claypoole told the jury Wednesday. &amp;#8220;Tony Hurd was the problem. The goal of the plan is simple: eliminate Tony Hurd.&amp;#8221;

Those buys were in the summer of 2006. 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 show that the date of that offense was June 6, 2006, the day of the first buy.

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. A Wayne County (Indiana) Sheriff&amp;#8217;s Office detective testified that the charges in state court against Mitchell, Hicks and Smith were dismissed because of Hurd&amp;#8217;s death.

Claypoole said that cellular phone records for the different players, including Croom, show a web of phone calls the evening Hurd was killed, with some of the calls coming from Englewood. She said that Croom made at least two phone calls to Hicks, even though Croom testified he did not know him.

She also pointed to the testimony of Lindsey Hoover, an eastern Ohio woman who happened to be in a car parked at the Sunoco when Hurd was killed. Hoover said she picked Croom out of a photo spread and said she would never forget the killer&amp;#8217;s eyes.

But defense attorney Scott Calaway said Hoover was wrong about key details, including claiming the killer was wearing a red hat. He said Sunoco surveillance video caught the slaying, and the killer was not wearing a red hat, nor did he run in front of the parked car Hoover was sitting in, as she testified.

Calaway attacked the credibility of two Indiana inmates, who both testified that Croom admitted committing the crime, and a girlfriend of Mitchell, who said she heard that a &amp;#8220;Boogie&amp;#8221; was hired to kill Hurd. Boogie is Croom&amp;#8217;s nickname. Calaway said the men were friends of the Richmond dealers, and that they and the girlfriend, Heather Clark, were purposely feeding bad information to frame Croom while taking suspicion away from Mitchell, Hicks and Smith.

&amp;#8220;They fed them a red herring,&amp;#8221; Calaway said. &amp;#8220;You think they&amp;#8217;re not going to feed information to get out of a murder.&amp;#8221; 

Assistant county prosecutor Dan Brandt said this was ridiculous and noted that questioning Clark &amp;#8220;was like pulling teeth.&amp;#8221; He also said that the video, which shows the inside of the store though some of the parking lot is visible through glass doors, had plenty of reflections and that the footage did not necessarily contradict Hoover&amp;#8217;s testimony.

Last week, 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.

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 paranoid, even sleeping on the couch with his gun underneath it. 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&amp;#8217;s request, he drove Hurd to Englewood, dropping him off between a Waffle House and a McDonald&amp;#8217;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.

Hurd was shot while sitting in the Blazer driven by Tiffany Brewer, of Richmond, who was struck by one of the rounds, according to prosecutors. Brewer did not testify during the trial. Prosecutors said Brewer played an integral part of the conspiracy and was in communication with the other players through her cellular phone.

Claypoole said Hurd was probably supposed to be killed at a Motel 6 he tried to check into with Brewer. When his credit card was rejected, a motel employee directed him to an ATM at the Sunoco station.

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<dc:date>2012-02-03T15:36:53-05:00</dc:date>
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<item>
<title>Case of confidential informant slaying goes to the jury</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/01/dayton_after_more_than.html</link>
<description>DAYTON &amp;#8212; The case of an Indiana man accused of assassinating a U.S. Drug Enforcement Administration confidential informant went to the jury Wednesday evening, after more than a week of testimony. Montgomery County Common Pleas Judge Frances E. McGee gave...</description>
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DAYTON &amp;#8212; The case of an Indiana man accused of assassinating a U.S. Drug Enforcement Administration confidential informant went to the jury Wednesday evening, after more than a week of testimony.

Montgomery County Common Pleas Judge Frances E. McGee gave the case to the jury at 5:15 p.m. The jurors picked a foreperson, then went home for the night. Jurors will start deliberations Thursday.

Anthony 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. He is accused of gunning down Anthony Hurd on Aug. 2, 2007 in Englewood.

At the time of his death, Hurd, who was from Richmond, Ind., was in Ohio hiding from three men who had sold him crack cocaine while he was wearing a wire, according to trial testimony. Prosecutors claim Croom was hired to kill Hurd to derail criminal prosecutions of those three men, who are all from Richmond.

&amp;#8220;They were facing decades in prison,&amp;#8221; assistant county prosecutor Erin Claypoole told the jury Wednesday. &amp;#8220;Tony Hurd was the problem. The goal of the plan is simple: eliminate Tony Hurd.&amp;#8221;

Those buys were in the summer of 2006. 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 show that the date of that offense was June 6, 2006, the day of the first buy.

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. A Wayne County (Indiana) Sheriff&amp;#8217;s Office detective testified that the charges in state court against Mitchell, Hicks and Smith were dismissed because of Hurd&amp;#8217;s death.

Claypoole said that cellular phone records for the different players, including Croom, show a web of phone calls the evening Hurd was killed, with some of the calls coming from Englewood. She said that Croom made at least two phone calls to Hicks, even though Croom testified he did not know him.

She also pointed to the testimony of Lindsey Hoover, an eastern Ohio woman who happened to be in a car parked at the Sunoco when Hurd was killed. Hoover said she picked Croom out of a photo spread and said she would never forget the killer&amp;#8217;s eyes.

But defense attorney Scott Calaway said Hoover was wrong about key details, including claiming the killer was wearing a red hat. He said Sunoco surveillance video caught the slaying, and the killer was not wearing a red hat, nor did he run in front of the parked car Hoover was sitting in, as she testified.

Calaway attacked the credibility of two Indiana inmates, who both testified that Croom admitted committing the crime, and a girlfriend of Mitchell, who said she heard that a &amp;#8220;Boogie&amp;#8221; was hired to kill Hurd. Boogie is Croom&amp;#8217;s nickname. Calaway said the men were friends of the Richmond dealers, and that they and the girlfriend, Heather Clark, were purposely feeding bad information to frame Croom while taking suspicion away from Mitchell, Hicks and Smith.

&amp;#8220;They fed them a red herring,&amp;#8221; Calaway said. &amp;#8220;You think they&amp;#8217;re not going to feed information to get out of a murder.&amp;#8221; 

Assistant county prosecutor Dan Brandt said this was ridiculous and noted that questioning Clark &amp;#8220;was like pulling teeth.&amp;#8221; He also said that the video, which shows the inside of the store though some of the parking lot is visible through glass doors, had plenty of reflections and that the footage did not necessarily contradict Hoover&amp;#8217;s testimony.

Last week, 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.

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 paranoid, even sleeping on the couch with his gun underneath it. 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&amp;#8217;s request, he drove Hurd to Englewood, dropping him off between a Waffle House and a McDonald&amp;#8217;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.

Hurd was shot while sitting in the Blazer driven by Tiffany Brewer, of Richmond, who was struck by one of the rounds, according to prosecutors. Brewer did not testify during the trial. Prosecutors said Brewer played an integral part of the conspiracy and was in communication with the other players through her cellular phone.

Claypoole said Hurd was probably supposed to be killed at a Motel 6 he tried to check into with Brewer. When his credit card was rejected, a motel employee directed him to an ATM at the Sunoco station.

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<dc:date>2012-02-01T17:33:14-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Permanent injunction approved against Centerville businessman accused of securities fraud</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/02/01/an_agreed_preliminary_and_perm.html</link>
<description>DAYTON &amp;#8212; A permanent injunction has been approved against a Centerville businessman and his three companies, all accused of securities fraud by the Ohio Department of Commerce. Both the preliminary and permanent injunctions were approved Tuesday and signed by Montgomery...</description>
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<![CDATA[DAYTON &#8212; A permanent injunction has been approved against a Centerville businessman and his three companies, all accused of securities fraud by the Ohio Department of Commerce.

Both the preliminary and permanent injunctions were approved Tuesday and signed by Montgomery County Common Pleas Judge Mary Wiseman. Those injunctions, prohibit Wayne T. Essex and his companies from:

• selling or offering to sell securities in violation of the Ohio Securities Act
• selling or offering to sell securities without prior approval of the court
• engaging in any deceptive, fraudulent or manipulative act

The affected companies are Essex And Associates, Inc., in Dayton, Essex HR &amp; Associates, Inc. in Beavercreek and HR Reconciliation, LLC in Dayton, according to the commerce department.

In December 2011, Judge Wiseman issued a temporary restraining order against Essex and his companies. Wiseman also appointed local attorney James Swaim as receiver, who will work to recover Essex&#8217;s business assets for distribution as approved by the court.

The Division of Securities initiated the action based on allegations that Essex sold promissory notes in the Dayton Small Business Capital Fund, which he told investors would be invested in Dayton-area small businesses.  Twenty investors purchased approximately $1.1 million in the fraudulent investment between July 2010 and November 2011. The state charges that Essex never made loans to or investments in small businesses with the money, according to court records.

The Division&#8217;s investigation found that Essex sold securities without a license, sold unregistered securities and engaged in securities fraud. The Division also found that Essex commingled investor funds with his business and were used to support his personal lifestyle, including out-of-state travel, according to the court records.

Essex did not tell investors that he was not licensed to sell securities and that the securities were not properly registered.  Essex told investors that their funds were guaranteed and that they would receive annual returns of five, seven or 10 percent - with higher rates to those who invested larger dollar amounts, according to the commerce department.  

Essex said in December that he was &#8220;disappointed and a bit dismayed&#8221; by the commerce department&#8217;s position. He said that earlier that month, after state officials approached them, company officials began the steps to properly liquidate the fund.

&#8220;The majority of investors have already received all of their initial investments, with the full amount of interest promised,&#8221; Essex said. &#8220;Any remaining investors have received the significant majority of their initial investment, and we expect that in the very near future, once all liquidation efforts are complete, every investor will receive not only their initial principal investment, but all promised interest as well.&#8221; 
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<dc:subject></dc:subject>
<dc:date>2012-02-01T11:25:38-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Xenia man sent to prison for child porn possession</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/30/xenia_man_sent_to_prison_for_c.html</link>
<description>DAYTON &amp;#8212; 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...</description>
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DAYTON &amp;#8212; 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&amp;#8217;s laptop computer revealed more than 800 images of child pornography, according to the statement of facts.  

Brewer&amp;#8217;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/.

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<dc:subject></dc:subject>
<dc:date>2012-01-30T15:24:51-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Former WPAFB worker pleads guilty to sex crime involving child</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/30/dayton_a_man_who_5.html</link>
<description>DAYTON &amp;#8212; 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...</description>
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DAYTON &amp;#8212; 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&amp;#8217;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&amp;#8217;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.

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<dc:subject></dc:subject>
<dc:date>2012-01-30T11:28:36-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Moraine man convicted of killing neighbor</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/27/moraine_man_convicted_of_killi.html</link>
<description>DAYTON &amp;#8212; 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....</description>
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DAYTON &amp;#8212; 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 &amp;#8220;man cave&amp;#8221; 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&amp;#8217;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 &amp;#8220;selective memory.&amp;#8221;

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&amp;#8217;s actions after Hollon&amp;#8217;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&amp;#8217;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&amp;#8217;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&amp;#8217;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&amp;#8217;s respiration. Kortz had swelling and cuts on his hands, but Hollon did not, Deschler said.

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<dc:subject></dc:subject>
<dc:date>2012-01-27T14:55:45-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Three women indicted in scheme to steal identities of mentally disabled people</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/27/dayton_three_dayton_women.html</link>
<description>DAYTON &amp;#8212; 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...</description>
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DAYTON &amp;#8212; 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.

&amp;#8220;IRS Criminal Investigation has made investigating refund fraud and identity theft a top priority,&amp;#8221; said Darryl Williams, Special Agent in Charge for the IRS&amp;#8217; Cincinnati Field Office. He added that these crimes were &amp;#8220;even more heinous&amp;#8221; because the defendants targeted &amp;#8220;mentally impaired individuals.&amp;#8221;

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&amp;#8217; 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:
&amp;#8212; Taylor is charged with six counts of willfully filing false claims and six counts of identity theft.
&amp;#8212; Bradshaw is charged with four counts of willfully filing false claims and one count of identity theft.
&amp;#8212; 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.

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<dc:subject></dc:subject>
<dc:date>2012-01-27T11:22:42-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Moraine fatal beating case goes to the jury</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/26/moraine_fatal_beating_case_goe.html</link>
<description>DAYTON - Shawn Kortz told the jury he remembered showing his &amp;#8220;man cave&amp;#8221; 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...</description>
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DAYTON - Shawn Kortz told the jury he remembered showing his &amp;#8220;man cave&amp;#8221; 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&amp;#8217;t remember, Kortz testified, was what happened to Hollon, whose battered body was found in the lower level den of Kortz&amp;#8217;s Moraine home.

&amp;#8220;I thought he&amp;#8217;d passed out,&amp;#8221; Kortz said. &amp;#8220;I rolled him over that&amp;#8217;s when I saw his face. I freaked out at that point.&amp;#8221;

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&amp;#8217;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 &amp;#8220;selective memory.&amp;#8221;

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.

&amp;#8220;He knew well what he was doing, Sink said. &amp;#8220;You cannot inflict this kind of damage and not know.&amp;#8221;

Sink also pointed to Kortz&amp;#8217;s actions after Hollon&amp;#8217;s death: showering, not calling police, fleeing the state.

&amp;#8220;That&amp;#8217;s not what an innocent man does,&amp;#8221; Sink said. &amp;#8220;A guilty man washes blood from himself after he has killed his friend.&amp;#8221;

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&amp;#8217;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.

&amp;#8220;It&amp;#8217;s two guys fighting,&amp;#8221; Staton said. &amp;#8220;This whole thing could have been over in 20 seconds.&amp;#8221;

Staton said Hollon&amp;#8217;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&amp;#8217;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&amp;#8217;s respiration.

&amp;#8220;Michael can&amp;#8217;t breathe and he wants to blame Michael&amp;#8217;s heart,&amp;#8221; Deschler said.

Kortz had swelling and cuts on his hands, but Hollon did not, Deschler said.

&amp;#8220;Michael is not defending himself,&amp;#8221; Deschler said. &amp;#8220;He&amp;#8217;s not throwing any punches.&amp;#8221;

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<dc:date>2012-01-26T18:47:48-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>DEA informant lived final days in fear, according to witnesses at murder trial</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/25/dea_informant_lived_final_days.html</link>
<description>DAYTON - Days before his death, confidential informant Anthony Hurd called his contact with the U.S. Drug Enforcement Administration task force and said &amp;#8220;they know.&amp;#8221; &amp;#8220;He was a man of very few words,&amp;#8221; said Indianapolis Detective Sgt. Gary Maxey. &amp;#8220;He...</description>
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DAYTON - Days before his death, confidential informant Anthony Hurd called his contact with the U.S. Drug Enforcement Administration task force and said &amp;#8220;they know.&amp;#8221;

&amp;#8220;He was a man of very few words,&amp;#8221; said Indianapolis Detective Sgt. Gary Maxey. &amp;#8220;He just said, &amp;#8216;they know.&amp;#8217;&amp;#8221;

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&amp;#8217;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&amp;#8217;s Office, testified that the charges in state court against Mitchell, Hicks and Smith were dismissed because &amp;#8220;Tony was the main witness in those cases.&amp;#8221;

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.

&amp;#8220;I was just angry,&amp;#8221; she said, adding that she did not intend to endanger Hurd&amp;#8217;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 &amp;#8220;kind of stressed out, paranoid,&amp;#8221; she said and &amp;#8220;started drinking more.&amp;#8221;

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&amp;#8217;s request, he drove Hurd to Englewood, dropping him off between a Waffle House and a McDonald&amp;#8217;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 &amp;#8220;played an integral part of the conspiracy,&amp;#8221; according to a memo filed in Montgomery County Common Pleas Court. &amp;#8220;Tiffany Brewer drove the victim to the location where he was gunned down. Tiffany Brewer&amp;#8217;s cell phone records indicate that she had direct contact with her co-conspirators leading up to the moment of the murder.&amp;#8221;

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&amp;#8217;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&amp;#8217;s card was used to withdraw money at the Sunoco.

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<dc:date>2012-01-25T16:57:49-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<title>Moraine man goes on trial in slaying of neighbor</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/24/dayton_a_moraine_man.html</link>
<description>DAYTON &amp;#8212; 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...</description>
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DAYTON &amp;#8212; 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&amp;#8217;s client, Shawn Kortz, but &amp;#8220;though someone died here, that doesn&amp;#8217;t mean there&amp;#8217;s a murder.&amp;#8221;

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&amp;#8217;s body in Kortz&amp;#8217;s lower den at 2269 Wienberg Drive, assistant Montgomery County prosecutor Jill Sink said.

Hollon had gone there to drink with Kortz, &amp;#8220;who he thought was his friend,&amp;#8221; Sink said. &amp;#8220;What Michael didn&amp;#8217;t know was that he was going to spend the evening with his killer.&amp;#8221;

After Kortz &amp;#8220;savagely strangled and beat Michael,&amp;#8221; 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&amp;#8217;s feet, then called police. Hollon&amp;#8217;s body was in a pool of blood, and blood was splattered across den&amp;#8217;s walls and ceiling, Sink said.

Hollon&amp;#8217;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.

&amp;#8220;I think the prosecutors&amp;#8217; version is a little bit too clean, a little bit too simple,&amp;#8221; Staton told the jury. &amp;#8220;The injuries to Mike were the result of a fight. Mike got the worst end of that and there&amp;#8217;s no question about that.&amp;#8221;

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&amp;#8217;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 &amp;#8220;he had a permit to carry it legally&amp;#8221; 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.

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<dc:date>2012-01-24T09:55:00-05:00</dc:date>
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<title>Trial begins for man accused of murder-for-hire of DEA informant</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2012/01/23/dayton_anthony_hurd_an.html</link>
<description>DAYTON &amp;#8212; 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. &amp;#8220;To silence him,&amp;#8221;...</description>
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DAYTON &amp;#8212; 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.

&amp;#8220;To silence him,&amp;#8221; Erin Claypoole said during her opening statement. &amp;#8220;The hired hitman was the defendant, Anthony Croom.&amp;#8221;

The slaying led to the dismissal of charges against three Indiana men, Claypoole said, adding &amp;#8220;mission accomplished.&amp;#8221;

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.

&amp;#8220;This case is about self-interest and self-preservation,&amp;#8221; Calaway said. &amp;#8220;This is the man they&amp;#8217;ve thrown to the wolves.&amp;#8221;

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&amp;#8217;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 &amp;#8220;just a woman scorned,&amp;#8221; 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 &amp;#8220;stay put,&amp;#8221; 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&amp;#8217;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 &amp;#8220;that identification is not valid,&amp;#8221; 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&amp;#8217;s killer, police focused on Croom, he said.

&amp;#8220;That Cadillac became the bone for this dog,&amp;#8221; Calaway said.

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<dc:date>2012-01-23T16:25:39-05:00</dc:date>
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