Kettering man shot by police in August pleads guilty, no contest to charges

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF FILE

Credit: JIM NOELKER

Credit: JIM NOELKER

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF FILE

A Kettering man who was charged after an incident where he was shot by police in August has pleaded guilty and no contest to three charges.

Antonio N. Rose, 25, pleaded guilty to one indicted count of domestic violence, and no contest to one count each of trespass in a habitation and aggravated menacing in a bill of information, according to three plea agreements filed with the Montgomery Count Common Pleas Court.

The trespassing charge is a felony, while the domestic violence and aggravated menacing charges are misdemeanors.

These charges could result in fines of up to $7,000. Each misdemeanor count could result in a jail term of up to 180 days, while the felony charge could lead to up to 18 months in prison. Finally, Rose could face up to 5 years of probation.

As part of the plea agreements, charges of burglary, abduction, aggravated menacing and two counts of assault were dismissed.

The charges are connected to an incident Aug. 3, when around 9 p.m. police were called to an apartment in the 500 block of Hadley Avenue after a 911 caller said that a man attacked his estranged girlfriend, cut his wrists with a knife and barricaded himself inside her apartment, according to a statement after the incident from the Tactical Crime Suppression Unit, a group of eight Dayton-area police departments.

In the statement, law enforcement said, “Upon contact, Rose did not follow the officers’ commands, which led to one Kettering officer firing multiple shots from his service weapon, striking Rose multiple times.”

They then rendered first aid until the fire department arrived and took over, the statement said. Rose was taken to Kettering Health Main Campus.

The officer who shot Rose was placed on administrative leave during the investigation, and police later said that he would return to duty. Police did not name the officer, saying that his identity was protected as a victim under Marsy’s Law.

Rose is scheduled to be sentenced on Dec. 29, until which he has been released after posting a $100,000 surety bond on his own recognizance, on the condition that he not contact the victim.

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