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Grand jury declines to indict mother, boyfriend in child beating death

Mark Newberry

Denise Stinson

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By Lou Grieco and Lucas Sullivan Updated 10:17 PM Friday, November 6, 2009

DAYTON — A Montgomery County grand jury has declined to indict two people held on charges related to the beating death of 2-year-old Malechi Wilson.

Denise Stinson, the boy’s mother, and her boyfriend, Mark A. Newberry, were booked into the Montgomery County Jail on Oct. 30. Both were released from jail Friday, Nov. 6, the day the grand jury issued its report.

Newberry, released at 5:15 p.m. Friday, declined to comment. Stinson was released earlier in the day.

“All of the witnesses and evidence currently available was presented to the Montgomery County Grand Jury,” said Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office. “They voted to not indict either of the arrested suspects. The investigation into the injuries and death of this child is ongoing.”

Attorney Kathryn L. Bowling, who represents Newberry, declined comment.

Newberry lost a run for a Montgomery County Commission seat last year. He filed to run for Dayton City Commission in March, but failed to get enough signatures to be placed on the ballot.

Malechi died at Dayton Children’s Medical Center on June 9 after police responded to Newberry’s home at 910 Crestmore Ave. on a report of a child in duress, police said.

County coroner Dr. James Davis said in June that Malechi “suffered for hours.” Davis, who ruled Malechi’s death was caused by blunt force trauma to the abdomen, said he was beaten so badly some of his internal organs ruptured.

Stinson, 23, and Newberry, 45, were arrested immediately after Malechi’s death. They were released two days later when prosecutors did not approve charges.

Prosecutors approved charges Oct. 29, which were filed in Dayton Municipal Court. The next step in the process is presenting evidence to the grand jury.

Neither Stinson nor Newberry have cooperated with police during the nearly five-month probe, Dayton Police Sgt. Gary White said last week.

Newberry is not Malechi’s biological father, police said. The couple does have a 10-month-old child together that has been placed into foster care, White said.

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