Denica Stone

Mother of 13-year-old Dayton OD victim indicted on heroin charge

Denica Stone was arrested with 38 capsules of suspected heroin about 3 weeks before her son died.

The mother of the 13-year-old who reportedly overdosed on his father’s drugs and died April 1 was indicted for a felony drug charge.

Denica M. Stone, 38, was indicted by a Montgomery County grand jury for possession of heroin stemming from an incident about three weeks before her son, Nathan Wylie, died of an overdose. Stone is scheduled to be arraigned May 2.

RELATED: 13-year-old overdose victim had ‘big heart’

Stone and another woman were found March 9 near an apartment building on Maryland Avenue with a purse carrying 38 capsules of suspected heroin, according to a Dayton police report.

An officer wrote that that Stone “seemed to be trying to pull something out from her person” and that she was “trying to hide something.”

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The other woman fled and was apprehended. As the officer walked to where the women were, he spotted a purple clutch purse that contained 38 capsules and $115 in cash. “Neither female would claim the purse,” the officer wrote.

Stone’s address was listed a short walk from the Maryland Avenue location where she was arrested. Her employer was listed was Boyd Tree Service in Xenia. A Dayton police lieutenant had said Nathan Wylie’s mother had a drug problem, but that she did not have custody of Nathan.

RELATED: Police saw prior drug use in house of 13-year-old who died from overdose

Robert Wylie, the boy’s father, is in the Montgomery County Jail on drug charges stemming from a December traffic stop. Police said charges related to the 13-year-old’s death on April 1 are pending.

Wylie was released from jail for the April 12 funeral service of his son over the objection of prosecutors.

RELATED: Father arrested after 13-year-old overdoses

Wylie’s public defender also is challenging the search of Wylie after the traffic stop of his girlfriend, Tina Davis, for an alleged failure to signal violation.

Officers wrote that they found Wylie with a needle, syringe, heroin and crack cocaine.

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In a motion to suppress, Kristine Comunale wrote that Wylie was “told that he was going to be patted down and was asked if he had anything on him that would hurt the officer,” the attorney wrote. “The officers had no lawful basis to conduct a pat-down search of the defendant.”

Davis was arrested earlier this month for operating a vehicle under the influence of drugs and/or alcohol. The OVI charge has been amended in Dayton Municipal Court to one of physical control.

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