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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:date>2010-02-08T10:38:46-05:00</dc:date>
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<item>
<title>Accused home invaders convicted of all charges</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/08/dayton_two_men_charged.html</link>
<description>DAYTON &amp;#8212; Two men charged with several felonies in connection with a Huber Heights home invasion, in which a man was shot in the groin, were convicted of all indicted charges on Monday, Feb. 8, the day they were to...</description>
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DAYTON &amp;#8212; Two men charged with several felonies in connection with a Huber Heights home invasion, in which a man was shot in the groin, were convicted of all indicted charges on Monday, Feb. 8, the day they were to go to trial.

Demetrius Ewing, 30, pleaded guilty to two counts of aggravated burglary, four counts of kidnapping, five counts of aggravated robbery, two counts of felonious assault, three counts of assault and one count of being a felon in possession of a weapon.

Anthony Wayne Jones, 53, pleaded no contest to the same charges, as well as one count of tampering with evidence.

Montgomery County Common Pleas Judge Frances E. McGee, accepted the pleas found them guilty of all charges. She set sentencing for Feb. 23.

According to prosecutors, both men face a minimum of nine years in prison. For Ewing, the maximum would be more than 100 years in prison. Prosecutors and defense attorneys made no agreement on length of sentence, leaving that issue to McGee&amp;#8217;s discretion.

The charges concern a Feb. 22, 2009 robbery at 5483 Misty Lane. According to police reports, the two men entered an apartment there through a back door while three people were in the residence. A woman&amp;#8217;s wrists were bound, a man was put in a closet with the door tied shut and a second man handcuffed and shot in the groin area. Property was allegedly stolen from the apartment and the victims told police they did not know their attackers.

Ewing and Jones have remained in the Montgomery County Jail since their arrests.

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<item>
<title>Convicted ethnic intimidator and others sued in connection with Jefferson Twp. arson</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/05/dayton_a_man_serving.html</link>
<description>DAYTON &amp;#8212; A man serving a prison sentence for ethnic intimidation, as well as several members of his family, are being sued by an insurance company because of an arson that destroyed a Jefferson Twp. house. Earl L. McLearran, 40,...</description>
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DAYTON &amp;#8212; A man serving a prison sentence for ethnic intimidation, as well as several members of his family, are being sued by an insurance company because of an arson that destroyed a Jefferson Twp. house.

Earl L. McLearran, 40, is in London Correctional Institution, serving a four-year sentence which ends in 2012, according to the Ohio Department of Rehabilitation and Correction.

The lawsuit, filed Tuesday Feb. 2 in Montgomery County Common Pleas Court by Cincinnati Insurance Company and MV Communites, seeks damages of $101,000 from an Aug. 21, 2008 house fire at 322 Albers Drive, which was owned by MV Communities.

The house was the home of Saundra Ballard, who is black. McLearran is white and lived at 304 Albers.

Sheriff&amp;#8217;s deputies arrested McLearran on July 31, 2008, after he was accused of yelling a racial slur at neighbor Saundra Ballard&amp;#8217;s son and threatening to burn her house because he didn&amp;#8217;t want blacks in the neighborhood.

While Ballard and her sons testified against McLearran before a grand jury, her house was set afire. A teen was charged with delinquency by reason of arson. 

The lawsuit lists 11 defendants, six of them minors. Four of the five adults, including McLearran, are listed as defendants individually and as guardians of the minors.

Some of the defendants are described as relatives of McLearran. Nine of them are accused of setting the fire, according to the lawsuit. None of the adult co-defendants besides McLearran have been criminally charged in the case, according to Montgomery County Common Pleas Court records.

McLearran arranged the arson while he was in the Montgomery County Jail, speaking to a co-defendant, the lawsuit states. Another co-defendant, identified as a cousin who had recently been released from incarceration &amp;#8220;may have acted in commission of the arson as a favor&amp;#8221; to McLearran, &amp;#8220;for not testifying against him related to drug charges.&amp;#8221;

The lawsuit states that the defendants acted to get revenge on Ballard and her family for McLearran&amp;#8217;s ethnic intimidation case and for an altercation between Ballard&amp;#8217;s children and some of the minor defendants.

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<dc:date>2010-02-05T17:01:55-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Blue Dog scammers sued by insurance company</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/05/dayton_an_insurance_company_ha.html</link>
<description>DAYTON - An insurance company has filed a lawsuit against a former Oakwood couple convicted of illegally diverting $280,000 from a local advertising agency. Cincinnati Insurance Company filed the lawsuit Tuesday, Feb. 2 against Todd D. Wilkerson, a former Blue...</description>
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DAYTON - An insurance company has filed a lawsuit against a former Oakwood couple convicted of illegally diverting $280,000 from a local advertising agency.

Cincinnati Insurance Company filed the lawsuit Tuesday, Feb. 2 against Todd D. Wilkerson, a former Blue Dog Productions employee, and his wife, Alison L. Wilkerson, who worked for the firm as an account executive on a contract basis. The Wilkersons now live in Birmingham, Ala.

The Wilkersons both pleaded no contest in September 2008 to engaging in a pattern of corrupt activity, a first-degree felony, and to two third-degree felonies: aggravated theft and money laundering. 

Under Ohio law, a first-degree felony is punishable by up to 10 years in prison. A third-degree felony is punishable by up to 5 years in prison.

Under the plea agreement, Alison Wilkerson was placed on probation. Todd Wilkerson was sentenced to three years in prison, though prosecutors agreed not to object to judicial release after six months. Wilkerson has since been released from prison, according to the Ohio Department of Rehabilitation and Correction.

The lawsuit seeks $279,000 in damages, and states that the company paid nearly $193,000 to Blue Dog Productions, which is co-owned by prominent Dayton attorney Mike Dyer.

The Wilkersons were not ordered to pay restitution, because under Ohio law, restitution cannot be paid to a third-party, in this case the insurance company. At the time of Todd Wilkerson&amp;#8217;s sentencing, Montgomery County Common Pleas Judge Barbara P. Gorman said she disagreed with that.

&amp;#8220;I think you should be paying restitution,&amp;#8221; Gorman said. &amp;#8220;But that&amp;#8217;s not my call.&amp;#8221;

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<dc:date>2010-02-05T16:20:00-05:00</dc:date>
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</item>
<item>
<title>Dayton police officer pleads guilty to charges involving illegal sale of impounded cars</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/03/dayton_a_dayton_police.html</link>
<description>DAYTON &amp;#8212; A former Dayton police officer accused of illegally selling impounded cars, pleaded guilty to nine felonies on Wednesday, Feb. 3, and agreed to surrender his peace officer certification. Phillip Brooks Sr., 44, appeared before Montgomery County Common Pleas...</description>
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DAYTON &amp;#8212; A former Dayton police officer accused of illegally selling impounded cars, pleaded guilty to nine felonies on Wednesday, Feb. 3, and agreed to surrender his peace officer certification.

Phillip Brooks Sr., 44, appeared before Montgomery County Common Pleas Judge Timothy O&amp;#8217;Connell, who set sentencing for March 8.

This is the second time this week that a former Dayton officer has appeared in common pleas court. On Monday, Judge Connie S. Price sentenced Alan Parker to 30 days in jail. Parker pleaded guilty Jan. 4 to two counts of unauthorized use of the &amp;#8220;LEADS&amp;#8221; confidential database, plus single counts of complicity to commit receiving stolen property and theft in office.

Under the agreement, Brooks pleaded guilty to six counts of tampering with government records, all third-degree felonies, from his original May 21 indictment. Sixteen other counts were dismissed.

Brooks also pleaded guilty to all three counts from his Sept. 25 re-indictment: two counts of theft in office and one count of attempt to commit theft in office, all fifth-degree felonies.

Under Ohio law, third-degree felonies are punishable by up to five years in prison. Fifth-degree felonies are punishable by up to 12 months in prison.

O&amp;#8217;Connell told Brooks that he faced up to 33 years in prison, but that he also could be eligible for probation.

Assistant county prosecutor Ward Barrentine told O&amp;#8217;Connell that prosecutors and defense attorneys had no agreement on sentencing, leaving it to O&amp;#8217;Connell&amp;#8217;s discretion.

Brooks will be ordered to pay restitution to the victims, Barrentine said.

Brooks maintained his innocence during an interview with the Dayton Daily News on May 22 stating &amp;#8220;I&amp;#8217;m not guilty&amp;#8221; and &amp;#8220;I put this in God&amp;#8217;s hands and let my attorney do what he does best.&amp;#8221;

Brooks had been suspended without pay since April 13.

Brooks allegedly used a confidential police database to determine the owner of vehicles that had been towed or impounded, according to the county prosecutor&amp;#8217;s office. Brooks then used that information to forge a fake bill of sale and had a new title issued in his name.

He would then sell the vehicles. There is no evidence other officers were involved, Dayton Police Chief Richard Biehl said in May.

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<dc:date>2010-02-03T17:14:34-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Gang member pleads to aggravated murder and other charges in slaying</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/03/gang_member_pleads_to_aggravat.html</link>
<description>DAYTON &amp;#8212; An alleged gang member accused of killing a social worker during a September robbery attempt pleaded guilty Wednesday, Feb. 3, to aggravated murder. Cordell Mitchell, Jr., 21, appeared before Montgomery County Common Pleas Judge Timothy O&amp;#8217;Connell, who set...</description>
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DAYTON &amp;#8212; An alleged gang member accused of killing a social worker during a September robbery attempt pleaded guilty Wednesday, Feb. 3, to aggravated murder.

Cordell Mitchell, Jr., 21, appeared before Montgomery County Common Pleas Judge Timothy O&amp;#8217;Connell, who set sentencing for March 8. O&amp;#8217;Connell told Mitchell that he faced a maximum of 70 and one half years in prison.

Mitchell pleaded guilty to all indicted charges in connection with the Sept. 7 death of Stephen Branham, including two counts of aggravated robbery and one count of possessing a firearm after a felony conviction. He also pleaded guilty to both indicted charges in connection with his Sept. 24 arrest: carrying a concealed weapon and possessing a firearm after a felony conviction.

Branham was &amp;#8220;well-respected&amp;#8221; and &amp;#8220;comes from a good family,&amp;#8221; assistant county prosecutor David Franceschelli said. &amp;#8220;He was attacked before he could even get out of his vehicle.&amp;#8221;

Montgomery County Sheriff Phil Plummer said in September that Mitchell confessed to the crime and handed over what authorities believe is the murder weapon.

Mitchell was arrested Sept. 24 by deputies and the FBI&amp;#8217;s Safe Streets Task Force at 915 Steele Ave. in Dayton.

Police say Mitchell and another man tried to rob Branham near Branham&amp;#8217;s residence in the 4300 block of Springcreek Drive in the early hours of Sept. 7.

Branham, a well-regarded social worker who facilitated classes on anger management for violent offenders, had just returned from a local club when Mitchell confronted him, Plummer said.

During the confrontation, Branham was shot twice, Plummer said.

Detectives at first ruled out robbery as a motive since Branham&amp;#8217;s wallet and car keys were found near his body. But Plummer said &amp;#8212; after his deputies interviewed Mitchell &amp;#8212; that it appeared Branham was an innocent victim killed &amp;#8220;for nothing.&amp;#8221;

Mitchell, Plummer said, is a member of the Balla Boy Mafia, a small gang with ties to the Dayton View Hustlers, which has emerged in the last year as the most violent gang in the area.

Mitchell has a violent criminal past that includes a felonious assault with a deadly weapon conviction in April 2007, court records show. He was released from prison in December 2008 after serving a two-year sentence for the crime.

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<dc:date>2010-02-03T15:46:40-05:00</dc:date>
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<item>
<title>Man in arson-for-hire scheme gets $100,000 bond</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/02/man_in_arsonforhire_scheme_get.html</link>
<description>DAYTON &amp;#8212; A judge set a $100,000 bond Tuesday, Feb. 2, for man accused of hiring someone to burn down his house three times last year. James Hodges James Hodges, 66, of 2216 Rugby Road, appeared before Montgomery County Common...</description>
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DAYTON &amp;#8212; A judge set a $100,000 bond Tuesday, Feb. 2, for man accused of hiring someone to burn down his house three times last year.

James Hodges

James Hodges, 66, of 2216 Rugby Road, appeared before Montgomery County Common Pleas Judge Mary Wiseman. He was indicted Friday on three counts of aggravated arson (agreement for hire), and two counts of insurance fraud.

The fires were set at the Rugby Road home on Sept. 6, Sept. 7,  and Oct. 1, according to the indictment.

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<dc:date>2010-02-02T12:05:40-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
</item>
<item>
<title>Misuse of confidential database brings jail term for former Dayton police officer</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/02/01/misuse_of_confidential_databas.html</link>
<description>DAYTON &amp;#8212; A former Dayton police officer, who pleaded guilty to four felonies last month, was sentenced to serve 30 days in the Montgomery County Jail. Alan Parker, 53, appeared before Montgomery County Common Pleas Judge Connie S. Price on Monday,...</description>
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DAYTON &amp;#8212; A former Dayton police officer, who pleaded guilty to four felonies last month, was sentenced to serve 30 days in the Montgomery County Jail.

Alan Parker, 53, appeared before Montgomery County Common Pleas Judge Connie S. Price on Monday, Feb. 2. Price ordered Parker to return to court on Feb. 9 so that he can be taken in to custody.

As part of his plea agreement, Parker resigned from the police department effective Dec. 31. He pleaded guilty Jan. 4 to two counts of unauthorized use of the &amp;#8220;LEADS&amp;#8221; system, plus single counts of complicity to commit receiving stolen property and theft in office.

All of the charges are fourth- and fifth-degree felonies, punishable by up to 18 months or 12 months in prison. The LEADS system is a statewide criminal database.

On Aug. 17, 2007, Parker was videotaped talking with an undercover officer from the Ohio Organized Crimes Investigations Commission and a confidential informant. The OOCIC was investigating various crimes involving stolen property and vehicles, according to a sentencing memorandum filed by assistant county prosecutor Erin Claypoole.

When the two other people asked about a vehicle, Parker, who was in uniform, on-duty and in a marked cruiser, checked LEADS to confirm that it was stolen, then said &amp;#8220;I don&amp;#8217;t see s*.&amp;#8221; 

&amp;#8220;He then told them to get out of the area instead of recovering the stolen vehicle and/or making an arrest for being in possession of a stolen vehicle,&amp;#8221; according to Claypoole&amp;#8217;s memorandum.

On Feb. 13, 2009, an OOCIC agent gave Parker&amp;#8217;s son a license plate number to see if it was stolen. The plate number was fictional, and LEADS Control set a trap that would alert if anyone checked the plate. While on duty five days later, Parker ran the plate at his son&amp;#8217;s request, the memorandum said.

During a Nov. 3 interview by Dayton detectives, Parker admitted that he used LEADS while on duty to help his off-duty employment repossessing cars for Shaner Auto Sales, the memorandum said.

Parker was suspended on Nov. 3 and forced to turn in his gun and badge.

Parker originally lied to detectives about the case, according to a letter Dayton Police Chief Richard S. Biehl sent to Price, which also said that &amp;#8220;had he not resigned, he faced certain termination for his actions.&amp;#8221;

Parker graduated from the police academy in April 1990, according to a memorandum filed by his defense attorney, Dennis Gump.

As part of his plea agreement, Parker also waived all rights to future employment with the city of Dayton, unemployment benefits and conversion of sick leave benefits. His guilty plea to theft in office will permanently disqualify him from holding any public office or employment.

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<dc:date>2010-02-01T13:58:28-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Woman accused of attacking MySpace acquaintance pleads guilty to sex charge</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/26/woman_accused_of_attacking_mys.html</link>
<description>DAYTON &amp;#8212; A woman accused of sexually assaulting another woman she met through the MySpace social networking website will be sentenced Feb. 4 for gross sexual imposition. Markita L. Harper Markita L. Harper pleaded guilty to the charge on Jan....</description>
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DAYTON &amp;#8212; A woman accused of sexually assaulting another woman she met through the MySpace social networking website will be sentenced Feb. 4 for gross sexual imposition.

Markita L. Harper

Markita L. Harper pleaded guilty to the charge on Jan. 21 before Montgomery County Common Pleas Judge A.J. Wagner. Four other charges, including kidnapping, attempted gross sexual imposition and two counts of unlawful restraint, were dismissed.

Harper, 20, of Dayton, went to the victim&amp;#8217;s apartment to watch movies with her when the alleged assault occurred on Dec. 11, police said. A friend of the victim showed up at the apartment and pulled Harper away from the victim, police said.

Harper has been in the Montgomery County Jail since her Dec. 18 arrest.

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<dc:date>2010-01-26T10:28:43-05:00</dc:date>
<dc:creator>lgrieco@coxohio.com</dc:creator>
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<item>
<title>Man accused of killing veteran is indicted on murder charges</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/25/man_accused_of_killing_veteran.html</link>
<description>DAYTON &amp;#8212; A grand jury has indicted Jesse James Metcalf, accused of shooting a Vietnam War veteran to death, on 10 felony counts, including three counts of murder. The grand jury, which indicted Metcalf, 20, on Monday, Jan. 25, also...</description>
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DAYTON &amp;#8212; A grand jury has indicted Jesse James Metcalf, accused of shooting a Vietnam War veteran to death, on 10 felony counts, including three counts of murder.

The grand jury, which indicted Metcalf, 20, on Monday, Jan. 25, also charged him with two counts of aggravated robbery, two counts of felonious assault, two counts of aggravated burglary and one count of possessing a firearm after a felony conviction.

Daniel Johnson Jr., 58, was found Jan. 12 on the floor of his bedroom at 23 N. Monmouth St. He had been shot in the head and was the victim of an apparent robbery, police said. 

Police arrested Metcalf two days later.

Police reports show Metcalf has a long criminal record with an addiction to heroin and crack. He has been arrested at least 23 times by police.

He has an open felony case involving a charge of assault on a police officer. The charge is related to an incident Oct. 5, when police stopped him near his home in the 2600 block of East Second Street.

Officers said Metcalf was under the influence of drugs when he tried to escape arrest and had to be hit with a Taser at least five times before he could be subdued. Metcalf, whose driver&amp;#8217;s license is suspended, tried to flee when an officer found what was determined to be heroin in his pants, the report stated.

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<dc:date>2010-01-25T16:00:22-05:00</dc:date>
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<title>Four local judges take leadership positions on judges association</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/25/four_local_judges_take_leaders.html</link>
<description>COLUMBUS &amp;#8212; Four local judges have been elected to leadership positions in the Ohio Common Pleas Judges Association Butler County Common Pleas Court Judge Michael J. Sage will serve as association president this year. He was among a slate of nine...</description>
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COLUMBUS &amp;#8212; Four local judges have been elected to leadership positions in the Ohio Common Pleas Judges Association

Butler County Common Pleas Court Judge Michael J. Sage will serve as association president this year. He was among a slate of nine officers elected for leadership positions at the group&amp;#8217;s annual winter conference.

Montgomery County Judge Michael T. Hall was elected first vice president, Champaign County Judge Roger B. Wilson was elected treasurer and Warren County Judge James L. Flannery will service as past president.

The common pleas judges association&amp;#8217;s membership includes all general division judges of the state&amp;#8217;s common pleas courts, and its mission is &amp;#8220;to improve the law, the legal system and the effective administration of justice.&amp;#8221;

Judge Sage, who has served on the Butler County bench since 1991, was named chair of the Supreme Court&amp;#8217;s new Advisory Committee on Specialized Dockets in October. For the past 10 years, he has administered a Substance Abuse and Mental Illness Docket that addresses felony-level offenders with a primary diagnosis of both a severe mental health disorder and drug dependency. 

From 1982 to 1987, Judge Sage served as an assistant prosecutor in Butler County. He received his law degree from the University of Dayton.

&amp;#8220;In this time of difficult budgets and expanding case loads, I look forward to being a voice for all trial judges in Ohio,&amp;#8221; said Judge Sage. &amp;#8220;Ohio has had a long tradition of dedicated and respected judges who work hard to preserve the integrity of the third branch of government.&amp;#8221;

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<dc:date>2010-01-25T13:25:59-05:00</dc:date>
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<title>Mortgage fraud scheme leads to prison sentences for three, probation for another</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/22/dayton_the_last_four.html</link>
<description>DAYTON &amp;#8212; The last four participants in an extensive mortgage fraud scheme, which affected 205 residential properties across Montgomery County and defrauded 33 mortgage lending institutions of more than $7 million, were sentenced Friday, Jan. 22, with three receiving prison...</description>
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DAYTON &amp;#8212; The last four participants in an extensive mortgage fraud scheme, which affected 205 residential properties across Montgomery County and defrauded 33 mortgage lending institutions of more than $7 million, were sentenced Friday, Jan. 22, with three receiving prison terms.

U.S. District Court Judge Michael R. Barrett sentenced:

&amp;#8212; Kenneth O. McGee, 50, to 32 months in prison and fined him $12,500. 
&amp;#8212; Robert Mitchell, 43,  of Vandalia, to 32 months in prison and fined him $12,500. 
&amp;#8212; Kamal J. Gregory, 36, Centerville, to 10 months in prison and fined him $12,500.
&amp;#8212; Edward McGee, 76, the father of Kenneth O. McGee, to three years probation and fined fined him $140,000. 

Mitchell pleaded guilty on March 11, to one count of conspiracy to commit mail fraud, wire fraud and money laundering, and one count of conspiracy to commit money laundering.  Gregory pleaded guilty April 14 to the same charges.

The McGees pleaded guilty May 11, with Kenneth McGee pleading to the same charges as the other two. Edward McGee pleaded guilty to one count of conspiracy to commit money laundering.

The cases stem from a 13-count indictment involving six defendants which was originally handed down on June 25, 2008.  The defendants were part of a conspiracy that operated and controlled various Dayton-based real estate mortgage and title insurance related businesses and corporations.

The defendants manipulated real estate documents to fraudulently obtain excess mortgage loan proceeds, said Carter M. Stewart, U.S. Attorney for the Southern District of Ohio. 

Two others involved in the scheme were previously sentenced. Julian M. Hickman, 32, formerly of Centerville and now living in East Cleveland, pleaded guilty Dec. 15, 2008 to conspiracy and tax crimes. Hickman was sentenced Dec. 10 to 33 months in prison. 

Jessica A. Zbacnik, 42, of Monroe, pleaded guilty July 29  to one count of conspiracy to commit money laundering and one count of conspiracy to commit mail fraud, wire fraud and money laundering. She was sentenced Dec. 3 to 30 months imprisonment.

Agencies participating in the Greater Dayton Mortgage Fraud Task Force in addition to the FBI and IRS include the Ohio Department of Commerce Division of Financial Institutions, the Ohio Attorney General&amp;#8217;s Office, the U.S. Postal Inspection Service, the U.S. Department of Housing and Urban Development Office of Inspector General, and the Perry Township Police Department.

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<dc:date>2010-01-22T16:13:16-05:00</dc:date>
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<title>Shooting gets man five years in prison</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/19/shooting_gets_man_five_years_i.html</link>
<description>DAYTON &amp;#8212; A man who shot a Trotwood resident last year was sentenced to five years in prison on Tuesday, Jan. 19. Billy Joe Barrett, 23, pleaded guilty Dec. 29 to two counts of felonious assault and one count of possessing...</description>
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DAYTON &amp;#8212; A man who shot a Trotwood resident last year was sentenced to five years in prison on Tuesday, Jan. 19.

Billy Joe Barrett, 23, pleaded guilty Dec. 29 to two counts of felonious assault and one count of possessing a weapon after a felony conviction.

Barrett was accused of shooting Ronnie Turner at Turner&amp;#8217;s home on the 100 block of Morgan Avenue. Turner&amp;#8217;s wounds were not life-threatening, police said.

Police said Turner was arguing with a young man who was dating his daughter when Barrett pulled the weapon. When Turner held out his right hand toward the gun, Barrett fired. The bullet passed through his hand then into his shoulder.

Barrett and three others fled the scene in a car, police said.

Barrett has an extensive criminal record, including a juvenile conviction when he was 14 for aggravated robbery, according to court records.

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<dc:date>2010-01-19T15:30:51-05:00</dc:date>
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<title>Fatal crash by drunk driver leads to five year prison term</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/19/fatal_crash_by_drunk_driver_le.html</link>
<description>DAYTON &amp;#8212; A Beavercreek woman who wrecked her car while driving drunk, killing one friend and seriously injuring another, was sentenced to five years in prison on Tuesday, Jan. 19. Felicia D. Burg, had pleaded guilty Dec. 15 to two...</description>
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DAYTON &amp;#8212; A Beavercreek woman who wrecked her car while driving drunk, killing one friend and seriously injuring another, was sentenced to five years in prison on Tuesday, Jan. 19.

Felicia D. Burg, had pleaded guilty Dec. 15 to two counts of aggravated vehicular homicide, two counts of aggravated vehicular assault and two counts of operating a vehicle under the influence. The five-year sentence given by Montgomery County Common Pleas Judge Frances E. McGee was part of the sentencing agreement.

Burg was driving a Chevrolet Impala at high speed about 3 a.m. Nov. 29, 2008, when she lost control on North Main Street, hit an RTA utility pole and caused her two passengers to be ejected, police said.

Cicely Shontee, 25, of Dayton, died at Miami Valley Hospital. Mykala Mercer, who survived, did not attending the hearing, but Mercer&amp;#8217;s victim-impact statement was read by victim-witness advocate Neva Rohrer.

&amp;#8220;I have lost a good job, a home and my walking,&amp;#8221; Rohrer read. &amp;#8220;I wake up every morning in pain. I don&amp;#8217;t know what to do sometimes, so I cry.&amp;#8221;

In the statement, Mercer wrote that she missed Shontee, but that she was longer angry at Burg.

&amp;#8220;I forgive you,&amp;#8221; Rohrer read. &amp;#8220;I am very sorry this had to happen this way.&amp;#8221;

McGee also ordered Burg to pay $5,100 in restitution to cover the cost of Shontee&amp;#8217;s funeral, suspended her driver&amp;#8217;s license for life, and fined her $10,000.

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<dc:date>2010-01-19T15:12:11-05:00</dc:date>
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<title>Florida man who killed woman in traffic accident sentenced to 90 days in jail</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/19/florida_man_who_killed_woman_i.html</link>
<description>HUBER HEIGHTS &amp;#8212; Bryan Sacco, the former Wayne High School student convicted of killing a woman in a two-car accident, was sentenced to 90 days in the Montgomery County Jail on Tuesday, Jan. 19. Bryan Sacco Sacco, 19, now living...</description>
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HUBER HEIGHTS &amp;#8212; Bryan Sacco, the former Wayne High School student convicted of killing a woman in a two-car accident, was sentenced to 90 days in the Montgomery County Jail on Tuesday, Jan. 19.

Bryan Sacco

Sacco, 19, now living in Orlando, Fla., pleaded no contest Dec. 22, to vehicular homicide, a first-degree misdemeanor. County District Court Judge James Piergies who sentenced Sacco to 180 days, the maximum for a first-degree misdemeanor, but suspended 90. Deputies immediately took Sacco into custody.

Sacco was convicted of causing the death of Michele A. Meade, 42, in a two-car accident in April. Meade&amp;#8217;s sister, Monica Littlejohn, gave a victim-impact statement to the court, calling her sister &amp;#8220;generous in every way.&amp;#8221;

Meade was an elementary school custodian who was beloved by the children who attended her school and the staff who worked with her, Littlejohn said.

Bryan Sacco, 18, stands before Montgomery County District Court Judge James D. Piergies for a pre-trial hearing on Sept. 22, 2009. 

&amp;#8220;My pain is amplified by anger,&amp;#8221; Littlejohn said, adding that Sacco &amp;#8220;used the streets as his playground.&amp;#8221;

In a soft voice, Sacco told Piergies that he took responsibility for Meade&amp;#8217;s death.

&amp;#8220;I&amp;#8217;m really, truly and deeply sorry,&amp;#8221; Sacco said. &amp;#8220;I wish I could take it back.&amp;#8221;

Defense attorney Jon Paul Rion told Piergies that an accident reconstruction expert that the defense had hired estimated that Sacco had been traveling 3 mph over the speed limit and had a bald tire. He also said that Meade might have survived had she been wearing a seat belt.

Piergies also fined Sacco $500, plus court costs.

&amp;#8220;We will hope that you learn from this circumstance,&amp;#8221; Piergies said. 

Huber Heights police said Sacco was behind the wheel of a Roush special factory edition Mustang GT on April 14 when he ran a red light and collided with Meade&amp;#8217;s compact Chevy Truck.

The crash happened about 3:15 p.m. at the intersection of southbound Brandt Pike (Ohio 201) and eastbound Executive Boulevard. Sacco, 18 at the time, was driving 45 to 60 mph in a posted speed limit zone of 35 mph, police said.

Investigators initially tried to secure a felony vehicular homicide charge against Sacco, but prosecutors approved a misdemeanor charge.

Sacco was arrested after the crash on a vehicular homicide charge, but was released while detectives investigated the crash. He moved to Orlando some time after the incident.

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<dc:date>2010-01-19T10:42:05-05:00</dc:date>
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<title>Sexual assault case leads to lawsuit against charter school</title>

    

    


<link>http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/daytoncourts/entries/2010/01/15/sexual_assault_case_leads_to_l.html</link>
<description>DAYTON &amp;#8212; The family of a former student has filed a lawsuit against the Summit Academy, claiming another student &amp;#8220;raped and sexually abused&amp;#8221; the boy at the school. The lawsuit was filed Thursday, Jan. 14 in Montgomery County Common Pleas...</description>
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DAYTON &amp;#8212; The family of a former student has filed a lawsuit against the Summit Academy, claiming another student &amp;#8220;raped and sexually abused&amp;#8221; the boy at the school.

The lawsuit was filed Thursday, Jan. 14 in Montgomery County Common Pleas Court. A similar lawsuit was filed by the family in January 2009, but withdrawn in November. The new lawsuit names the alleged perpetrator and his parents as defendants.

The Dayton Daily News generally does not identify sexual assault victims or juvenile defendants.

Neither Kathleen Mioni, state superintendent for Summit Academy schools, nor P.J. Conboy II, attorney for the plaintiffs, returned phone calls on Friday, Jan. 15.

The victim, who now lives in Toledo with his mother, was 10 at the time a rape was reported at the charter school, 1407 E. Third St., in January 2008, according to a police report. The other boy was arrested, according to police records.

The perpetrator was referred to Montgomery County Juvenile Court, but placed in a diversion program for children who are age 10 and younger, said court Administrator Jim Cole.

The perpetrator successfully completed the program in March 2009, Cole said.

The lawsuit complaint states that the victim was &amp;#8220;raped and sexually abused&amp;#8221; on Jan. 15, 2008 and that the perpetrator &amp;#8220;had been involved in allegations of sexual abuse before.&amp;#8221;

The complaint also says that the victim had been &amp;#8220;raped and sexually assaulted by the same student on numerous other occasions&amp;#8221; but &amp;#8220;Summit Academy did nothing to prevent such actions.&amp;#8221;

The victim has suffered emotional distress and psychological damage, and the family was forced to relocate from the Dayton area, the lawsuit states.

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<dc:date>2010-01-15T17:00:35-05:00</dc:date>
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