NEW DETAILS: Judge urged to keep Dayton shooter’s friend behind bars

Prosecutors want shooter’s friend kept in jail

Prosecutors want to keep Ethan Kollie — a local man facing federal charges alleging he lied in order to buy firearms and the only person jailed so far in a probe of Dayton’s Aug. 4 mass shooting — in jail without bond.

“He is a habitual drug user with a penchant for firearms and a history of deceit and poor judgment,” the U.S. attorney’s office said in a recent filing in federal court. “The magistrate judge rightfully found that no condition or combination of conditions will reasonably assure Kollie’s safety and the safety of the community. This court should find the same.”

The prosecution’s argument was in response to defense attorneys recently moving to revoke the detention order and hold a hearing to discuss conditions under which Kollie might be released pending trial.

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“The government alleges that Mr. Kollie made a false statement on a firearm application and that he was in possession of a firearm by an unlawful user,” states the defense’s motion, which was filed Aug. 23. “Neither offense requires a mandatory prison sentence with a conviction.”

There have already been two hearings on the question of whether to release Kollie, prosecutors said in their response. A third is unnecessary, they argue.

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“Aside from the lack of a statutory requirement, and separate and apart from the burden of multiple hearings, another hearing is simply unnecessary here,” the U.S. attorney’s office wrote in the filing. “The magistrate judge already held two hearings on the detention question. Kollie does not in his request for a third hearing, or in his motion for revocation, offer any new evidence, point to any changed circumstances, or cite any previously unconsidered law.”

Last month, shortly after the Aug. 4 Oregon District mass shooting, Magistrate Michael Newman ordered Kollie detained without bond.

Federal investigators have said that there was no evidence that Kollie, 24, of Kettering, took any part in planning the killing spree on East Fifth Street, which resulted in 10 deaths, including the shooter’s. However, they also said Kollie kept body armor and firearm components for the shooter before the event.

Defense had argued last month that Kollie should be detained at the area home of a family friend under electronic monitoring.

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