Jury acquits Vandalia woman in Miamisburg church threats case

Credit: JIM NOELKER

Credit: JIM NOELKER

A Vandalia woman accused of making threats toward two churches in Miamisburg was acquitted of all charges following a one-day trial.

A jury on Monday found Tonya Marie Dieker, 41, not guilty of two counts each of ethnic intimidation, aggravated menacing and telecommunications harassment involving Miamisburg Christian Church and The Journey Community Church, according to a verdict filed Tuesday signed by Montgomery County Common Pleas Judge Mary Wiseman.

“I’m very happy with the verdict,” said Dayton defense attorney David Merrell. “I’m glad that they upheld my client’s constitutional First Amendment right to speech.”

Shawn Acrey, lead pastor of The Journey church, said he is not happy with the trial outcome.

“How someone sends threats in writing to an organization and threatens violence and admits to police sending those threats but found not guilty by a jury of peers is beyond me,” he said.

Acrey reported April 1, 2023, to the Miamisburg Police Department that the church at 40 S. Fifth St. received communication via Facebook messenger that mentioned the Nashville Christian school shooting, churches that do not support gay marriages or transgender people and ended with asking, “how do you feel about killing your own family?” according to a police report and an affidavit filed in Miamisburg Municipal Court.

Acrey said Tuesday that he didn’t know whether the threat was real and sent by a “mass computer hack” or by an individual to specific churches.

“But when my family was mentioned in the threats I took that very serious and wanted it investigated and to press charges if possible,” he said.

The day the messages were received, Acrey asked for a police presence for services the next day, which was Palm Sunday. The threat had no affect on Easter worship, Miamisburg police Sgt. Jeff Muncy said at the time.

During an interview with Miamisburg police, Dieker admitted to sending messages to various churches and people associated with them and said that she sends information all over the world that “judgment is falling,” according to the court document.

“Tonya said she did not see how she did anything wrong but could see how the messages could cause someone to panic,” the affidavit stated.

Ultimately, Merrell said it was a misunderstanding, and that of all the churches that received her messages, apparently they only were reported to police in Miamisburg.

“She was spreading what she believed to be the truth,” he said.

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