On March 14, 2008, Brian Quinn, 21, of Springboro, and two 16-year-old friends called 911 to report Webber, 38 at the time, held them at gunpoint after confronting them near a bridge at North Park.
Police located a sub-nosed 38-caliber Smith & Wesson Bodyguard in a film can while serving a search warrant at Webber’s home in the Tamarack subdivision days after the incident.
In October 2008, a jury convicted of Webber of the tampering charge, but acquitted him of three counts of aggravated menacing, a first-degree misdemeanor.
In his closing, Assistant County Prosecutor Travis Vieux said Webber “lied and lied and lied to conceal the truth.”
In the appellate opinion, Judge Robert Ringland found the comments “would not have changed the outcome of the trial and, accordingly, no plain error existed to reverse the conviction,” according to a media release issued by the court Tuesday.
Webber, who has already served the 30 days of house arrest, is not expected to continue the appeal.
“We feel this is over. I don’t see any reason to take this any further,” lawyer David Chicarelli said.
Webber continues to serve three years on probation.
“We are pleased with the decision of the 12th District to uphold the decision of the jury and protect Warren County,” Warren County Prosecutor Rachel Hutzel said.
Contact this reporter at (937) 225-2261 or lbudd@DaytonDailyNews.com.
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