Credit: Montgomery County Jail
Credit: Montgomery County Jail
The shooting charges stem from Jan. 1, when Dayton police were called to the 4400 block of Germantown Pike on a report of shots fired.
A woman told officers that a man, later identified as Day-Part, shot at her and her infant, according to an affidavit filed in Dayton Municipal Court.
“Mr. Day had previously threatened to shoot (the infant) because she had filed criminal charges against him for stealing a car,” the affidavit read.
The woman said she saw Day-Part at a gas station before the shooting. He followed her to her apartment, got out of his vehicle and began shooting in her direction, court records stated.
The woman and her daughter were in a vehicle when Day-Part began shooting, said Greg Flannagan, the Montgomery County Prosecutor’s Office public information officer.
A third, unknown person was with Day-Part, and the woman told police she was “100% certain (Day-Part) was one of the two shooters,” according to the affidavit.
Day-Part also was sentenced for either stealing vehicles or possessing stolen vehicles. Flannagan that the victim in the shots fired case was not listed as a victim in any of the other cases.
O’Connell sentenced Day-Part to one year in prison for failure to comply with the order or signal of a police officer after he was involved in a police pursuit in November 2023 connected to stealing a Hyundai Santa Fe and possessing a stolen Ford Escape. This sentence will be served prior to and consecutive with the sentence for the felonious assault case.
Finally, O’Connell sentenced Day-Part to one year in prison for grand theft (motor vehicle) for stealing a Honda Civic in October 2022 and one year in prison for receiving stolen property in January for having a 2011 BMW reported stolen. Both of those sentences are to be served concurrently with the sentence for felonious assault, court records indicate.
In total, Day-Part was sentenced to four to five years in prison, though he received credit for 232 days spent in confinement. On release, his driver’s license will be suspended for three years and he will be on probation, also for up to three years.
