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Judge told troopers he would be dead by morning

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By Denise G. Callahan, Staff Writer Updated 10:52 PM Tuesday, June 2, 2009

LEBANON — The late Warren County Common Pleas Judge James Heath told troopers he would be dead by morning after they stopped him for driving drunk.

According to an Ohio Highway Patrol report, Heath was uncooperative when troopers stopped him at 8:30 p.m. May 23 on Ohio 48 just north of Burt Road.

Heath told trooopers “you guys are out to get me,” and later said he would be dead by morning, according to the report.

Heath refused to take a Breathalyzer test and was transported to the patrol’s Lebanon Post. He was released to his estranged wife, Bethany, after police charged him with operating a vehicle while intoxicated and cited him for a marked lane violation.

Heath was laid to rest Saturday, May 30, following a funeral Mass at St. Margaret of York Catholic Church in Loveland. The judge died from an apparent drug overdose at his Hamilton Twp. home May 24, a day after he was arrested for the second time in seven months on charges of driving under the influence of alcohol. His prior arrest occurred in October 2008 in Clinton County.

Bethany Heath found his body and a suicide note. Police officials have said they won’t reveal the note’s contents.

Heath’s troubles may have started before he was arrested, according to police records and friends interviewed.

According to county dispatch records, a vehicle with the license plate and matching the description of Heath’s Lexus sport utility vehicle was seen driving erratically just before 2 p.m. May 23 in Mason.

“He is all over the road. He’s almost hit a couple of cars head on,” 911 caller Denise Shear told a dispatcher. Police did not find the vehicle with Heath behind the wheel.

Later that afternoon, two friends ran into Heath almost 40 miles away at his son’s soccer game near Beavercreek. Lebanon attorney Tom Diehl, who ran into Heath just about every weekend at soccer games, said last Saturday he just waved from across the field.

“I didn’t talk to him,” Diehl said. “Looking back now, I wish I had.”

On the other side of the field, one of the judge’s close friends, who asked not to be named, said a troubled Heath laid his hand on his arm and said he needed to talk — they never got the chance.

Warren County Commissioner Dave Young said perhaps this tragic death can serve as a lesson to others.

“If people are hurting and desperate, they need to remember there’s always another day,” he said. “No matter how bad you think your situation is right now, give it another day, try to reach out to somebody, because things definitely are not going to improve if there’s not another day. One of the lessons you can take from this, is that turning to alcohol and things that you shouldn’t, make very, very good people do very, very uncharacteristic things.”

Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.

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MOST OF THESE COMMENTS ARE TOTALLY OFF SUBJECT, ITS NOT OSP'S FAULT THEY DONE THEIR JOB AND DONE IT RIGHT. YES ITS SAD WHAT HAPPEN BUT COME ON WHEN YOU ACT LIKE YOUR ABOVE THE LAW NO ONE KNOWS IF YOUR SERIOUS OR JUST TRYING TO GET OUT OF SOMETHING. IF THIS WERE ANYONE ELSE THESE ACTIONS WOULD BE CONSIDERED COWARDLY.

JMJ
5:36 AM, 7/6/2009

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I met Jim Heath over 20 years ago when we were both starting out in life. He was a Good and funny man. We lost touch over the years, and I am saddened by this loss.

montreal
10:27 AM, 6/23/2009

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karma

unknown
11:34 PM, 6/3/2009

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YOU KNOW PEOPLE CAN SAY ANY THING ABOUT ANYONE.
BECAUSE THIS IS THE U.S.A.BUT WHAT ITS GOING TO
COME DOWN TO. IS WHAT IS GOD GOING TO SAY.SO DON'T JUDGE FOR U.SHALL BE JUDGE TO.

Harold
4:24 PM, 6/3/2009

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Please let the judge rest in peace. Obviously his issues are being displayed to everyone when it shouldn't. Everyone has their own demons no matter what they do. I would wish the journal would just back off this family as they mourn. My thoughts and prayers are with his wife and children as they continue to deal with their loss!

ridingharley
1:12 PM, 6/3/2009

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