Krickets Tavern can operate within certain hours

The Huber Heights bar where a 19-year-old was shot and killed last month can reopen, but under certain conditions, a Montgomery County Common Pleas Court judge determined Monday.

Judge Mary Wiseman extended the temporary restraining order against Krickets Tavern, which can open its doors again, but only from 10 a.m. to 11 p.m. until a status conference on Nov. 5.

In the meantime, the bar must implement changes, including increasing lighting in the parking lot and beefing up security. Darlene Boyd, owner of Krickets, said she’s confident the bar will be able to make these upgrades in time.

Boyd testified the bar is open from 2:30 p.m. to 2:30 a.m.

“We want to thank all of our supporters,” Boyd said. “We’re very happy with the outcome. I just did not want to walk away from my business and not have a chance to do anything.”

On Sept. 30, Wiseman granted the city of Huber Heights' request for a temporary restraining order against Krickets Tavern — three days after Joshua Hamilton of Springfield was fatally shot inside the bar.

After a five-plus hour hearing Monday in Montgomery County Common Pleas Court, the two parties were able to agree, for now.

“(Wiseman’s) very concerned that the community’s safety, peace, sobriety and good order are being impacted by the bar,” said Mike Bly, a member of the city’s legal counsel. “We want our community to be safe. … Hopefully the court’s order will allow that process to be implemented. If not, the bar is going to face consequences.”

Monday in court, both sides called witnesses, including Huber Heights Police Chief Mark Lightner, who testified about past incidents at Krickets, 5478 Brandt Pike.

From Jan. 1, 2014, to Sept. 28, 2015, there were a total of 209 calls for police service.

Of those, 68 were investigated as potential crimes. Twenty-seven incident reports were generated, including possession of marijuana, disorderly conduct, public intoxication, obstruction of justice, resisting arrest, assault, rape, underage serving and murder.

Michael D. Scott, 20, is being held in Montgomery County Jail on $1 million bond for Hamilton’s death. A Montgomery County grand jury indicted Scott on two counts of murder; two counts of felonious assault; and single counts of having weapons under disability and illegal possession of firearm in liquor permit premises.

Krickets Tavern was one of six businesses cited in April 2014 for selling alcohol to a minor. A glass door at the establishment states that patrons must be 21 years old to enter.

Krickets Tavern also has been cited by the Ohio Investigative Unit, including for furnishing beer or intoxicating liquor to an intoxicated person; improper conduct (nudity and engaging in sexual activity); tavern keeper allowing drunkenness; and multiple counts of controlling gambling devices and operating a gambling house.

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