A man is facing multiple charges, but not murder, in connection to a deadly shooting at the Davis-Linden Building in Dayton in June.
A Montgomery County grand jury indicted Jacob Allen Ashba, 30, on three counts of tampering with evidence, two counts of felonious assault and one count each of reckless homicide, obstructing officials business and discharge of a firearm on or near prohibited premises. The obstruction charge is a second-degree misdemeanor.
The grand jury declined to indict Ashba on two counts of murder, according to the grand jury report.
Law enforcement officers from multiple agencies, including five SWAT crews, responded June 17 to 400 Linden Ave. after an active shooter threat was reported. The incident was updated to a shooting with a suspect inside the commercial building with additional shots fired, Lt. Steve Bauer of the Dayton Police Department previously said.
Officers found a man dead and another one injured. Montgomery County Coroner Dr. Kent Harshbarger identified the deceased as 45-year-old Randy Allen.
One 911 caller reported multiple people pulled up to the building and were fighting with people who worked there.
“Two carloads of guys got out and they are arguing with people working in the Davis-Linden Building,” the caller said, according to Montgomery County Regional Dispatch Center records.
Another caller reported some of the people who arrived had baseball bats and were beating another man. The caller said he heard shots fired from at least two guns, including a shotgun.
Investigators initially arrested Ashba in Centerville, but he was released after charges weren’t filed.
Dayton police Chief Kamren Afzal noted at the time it was unusual for the suspect to be released without charges, but said there have been previous cases where police needed to get more information.
“We are looking at probable cause and prosecutors are looking for beyond a reasonable doubt,” he said. “That just means we need to do more work.”
Ashba was booked into the Montgomery County Jail on Wednesday, according to the jail website. A warrant was issued following the indictment.
Ashba is scheduled to be arraigned on Aug. 29.
Staff writer Jen Balduf contributed to this report.