A judge also ordered Middlebrook to not have contact with the girl or any minors.
On May 25, the victim’s mother walked in on Middlebrook performing a sex act on the girl at a Prescott Avenue home, according to the affidavit.
She reportedly began to yell at him, prompting neighbors to come to the home and see what was wrong.
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Middlebrook attempted to run away, but was held down by the mother and neighbors until police arrived, according to the affidavit.
A 62-year-old Dayton man will be arraigned Thursday on a rape charge involving a child younger than 10.
Anthony Middlebrook was indicted Tuesday, according to a Montgomery County grand jury report.
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He has been held in the Montgomery County Jail since his May 26 arrest by Dayton police.
We are working to learn more about the charge against him.
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