Tina M. Davis

13-year-old overdose victim’s home on Children Services radar

The girlfriend of the man whose 13-year-old son died of a suspected heroin overdose from his father’s stash received a break in court, according to Dayton Municipal Court records.

Tina M. Davis, 37, tested positive for drugs and violated her probation from a 2016 child endangerment case but only served about a month of a six-month sentence imposed because a judge wrote that it was in the “interests of justice.”

Davis is the girlfriend of Robert Wylie, 40, whose son Nathan died Saturday at Dayton Children’s Hospital from an overdose, according to police reports.

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

A Montgomery County Children Services spokesman said case files are confidential, but that the agency was referred to Wylie’s Valley Street address.

“We have had a case open with this family,” spokesman Kevin Lavoie said Tuesday. “We have taken steps to ensure the safety of Nathan Wylie’s sibling in the wake of this horrible tragedy.”

In 2016, Davis faced a first-degree misdemeanor child endangering charge when instruments of drug abuse were found in the home where four children then lived.

RELATED: Father arrested after 13-year-old overdoses

A letter from Dayton city assistant prosecutor Joshua Shaw said the state planned to use evidence of prior drug use by Davis. “In this matter , the State will introduce into the defendant’s prior drug use to prove her motive to commit forgery and theft crimes.”

A plea was reached and Davis was given a 180-day suspended sentence and ordered to undergo drug and alcohol counseling along with life skills counseling.

A letter from her probation officers said Davis only reported twice in a period of several months “due to various excuses.” The letter said Davis tested positive for cocaine, opiates, OxyContin and Benzodiazepines, didn’t enroll in parenting classes and failed to complete an alcohol and drug evaluation.

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“This officer is tired of Ms. Davis’s countless excuses as to why she is not in compliance,” the officer wrote. “She is not taking the privilege of probation seriously.”

In October 2016, Davis’ probation was revoked for violating terms and she was sentenced to 180 days, according to court documents obtained by this news organization.

On Nov. 22, 2016, Dayton Municipal Court Judge Daniel Gehres terminated the case and wrote that it was in the “interests of justice” to do so. Further explanation of Gehres’ decision was not written in court documents.

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A Dec. 17, 2016 Dayton police report shows officers said they found Robert Wylie with a needle, syringe, heroin and crack cocaine during a traffic stop of Davis.

Wylie’s December case is pending in Montgomery County Common Pleas Court. Municipal court records show Wylie has multiple misdemeanor drug cases for drug abuse, marijuana possession and drug abuse in a park dating back to 1998.

Davis was arrested Sunday night for an unrelated incident of suspected drunk driving, possession of drugs and physical control and was booked into the jail. Formal charges have not been filed.

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