A former Dayton man police say overdosed last week with a baby in his truck parked along Interstate 75 during rush hour has a history of child endangering, court records show. FILE

Driver accused of I-75 OD with baby on board has child endangering record

A former Dayton-area man police say overdosed last week with a baby in his truck parked along Interstate 75 during rush hour has a previous conviction for child endangering, court records show.

Robert L. Ely Jr., 37, is facing Miamisburg Municipal Court charges after his Jan. 23 arrest along I-75 in Moraine, where police said they found him unconscious in the driver’s seat of a pickup truck with his 3-month-old daughter in the back seat.

Ely, who now lives in a Tampa, Fla., suburb, was convicted of child endangering in 2004 in a charge filed by the Fairborn Police Department, according to Greene County Common Pleas Court records. He pleaded guilty to the charge, a third-degree felony, and was sentenced to three years community control and fined $500, court records show.

RELATED: Double OD 911 call: ‘I couldn’t get him to come to’

In last Thursday’s I-75 arrest, police said they apprehended Ely shortly after 5 p.m., when he was found overdosed in the driver’s seat of a truck parked on the shoulder of southbound I-75 with the engine running, records obtained by the Dayton Daily News show.

The infant with Ely was found in the back seat uninjured, records show.

An adult passenger, Kristina Davis, 36, also of Florida, was also found unconscious in the front seat of the truck, which was in the area of the 49-mile marker, according to Moraine police records.

Police said the incident caused a traffic jam – backing up vehicles for about two miles – and some wrecks.

Ely initially denied using drugs, but later said he admitted to doing so, and police later found what they believe to be heroin on him, records state.

EARLIER: Suspect sedated with drugs after fighting 4 police officers, tasers

Moraine medics used Narcan to treat Davis – who Ely said had taken heroin — and crews found a hypodermic syringe where she was sitting, according to police records. A syringe was also found in an open water bottle in a cup holder, records show.

Both Ely and Davis were taken to Kettering Medical Center, and the infant was taken by Moraine police and given to a relative, records show.

Records state police intended to charge Ely with child endangering, and cited him for OVI, driving under suspension (child support), and no seat belt.

But court records filed in Miamisburg Municipal Court this week do not indicate a child endangering charge. Ely faces OVI, no operator’s license, driving under suspension (child support), and no seat belt, according to court records.

He has pleaded not guilty and is set to return to court Feb. 20, records show. Miamisburg Municipal Court records do not indicate any charges against Davis in the incident.

POPULAR: Accused wrong-way driver ruled competent for murder trial in triple fatal

Thank you for reading the Dayton Daily News and for supporting local journalism. Subscribers: log in for access to your daily ePaper and premium newsletters.

Thank you for supporting in-depth local journalism with your subscription to the Dayton Daily News. Get more news when you want it with email newsletters just for subscribers. Sign up here.