“This case is unusual and complex due to the number of defendants, the related defendants, the nature of the prosecution and the existence of certain novel questions of law and fact,” Rose said Monday in Dayton’s U.S. District Court. “I will not at this time set a trial date for these defendants until such time as the court finds it practical.”
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Bobby Caldwell, 35, of Beavercreek, allegedly was shot by Sterling Roberts on Aug. 15, 2017, in a Riverside parking lot in front of three of Caldwell’s children. One of those boys, Jacob, went missing soon after the shooting and was found in a Miami Twp. residence nearly a year later.
Attorneys for all three noted the possible death penalty specifications faced by co-defendants Tawnney Caldwell and Sterling Roberts as reasons that more time is needed.
Sterling Roberts’ sentencing in an unrelated case in a South Carolina federal court, which was set for Nov. 28, has been postponed until Dec. 6, according to his public defender in that case. Defense attorney James Loggins said the change was made to accommodate the judge’s schedule.
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The sixth defendant, James Harmon, is scheduled for trial April 29, 2019.
Chandra Harmon’s attorney, Timothy Schneider, made a motion Oct. 30 to “Produce Tape Recording” and said in court Monday that more evidence needed to be studied.
Deakin’s attorney previously had filed a motion to get recordings of conversations between unnamed co-defendants.
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Tawnney Caldwell’s court docket indicates at scheduling conference/motion hearing for Dec. 5. It also shows that a mitigation package is due May 1, 2019, and a notice of intent due Aug. 28, 2019.
In other developments in the related criminal and civil cases:
• A civil case filed in Montgomery County Common Pleas Court by Bobby Caldwell’s widow, Candice Caldwell, has been stayed until federal criminal proceedings are complete.
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Judge Steven Dankof cited multiple reasons why the stay was appropriate, agreeing with Tawnney Caldwell. The defendant wanted to avoid the financial burden of defending a criminal and civil case simultaneously and “avoiding having to choose between defending this action and asserting her privilege against self-incrimination.”
• Along with a federal gun charge in South Carolina, Sterling Roberts also face state charges for firing at a deputy. That case has not been completed, according to Spartanburg County court records.
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