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Indicted restaurant owner seeks some freedom from electronic home detention
DAYTON — Eva Christian, owner of Boulevard Haus, has asked a judge to relax her electronic home detention restrictions so she can operate her restaurant and better assist in her defense against four felony counts related to alleged insurance fraud.
Christian is free on $10,000 bond after pleading not guilty to two counts of insurance fraud and two counts of making false alarms in connection to a burglary and vandalism incident that she reported at her now-defunct Cena Brazilian Steakhouse restaurant in Miami Twp. in December 2009 and a break-in and burglary she reported at her home at 6855 Saint Laurent Circle in October 2009. As a condition of her release on bond, she agreed to electronic home detention while awaiting trial. But Christian’s attorneys, John Smith and Mark Webb of Springboro, asked Montgomery County Common Pleas Judge Barbara Gorman for “work privileges” while the charges are pending.
Christian performs all of the restaurant’s bookkeeping and business functions, but because of the restrictions of electronic home detention, “she is unable to perform the duties to keep her restaurant open,” defense attorneys said in their request. Christian “has a number of employees who depend on their job, and she wishes to allow those employees to keep working,” attorneys said.
She also asked to be allowed to visit her attorneys “as needed, allowing her the opportunity to participate in her own defense.”
No decision has been made on the request, according to Montgomery County court records. Both Christian and Smith have said Boulevard Haus will continue to operate while charges are pending.
One of the insurance fraud counts is a third-degree felony, punishable by up to five years in prison, and the other is a fourth-degree felony, punishable by up to 18 months in prison. One of the making false alarms counts is a fourth-degree felony, and one is a fifth-degree felony, punishable by up to a year in prison.
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