Longtime Butler County assistant prosecutor retiring

Credit: DaytonDailyNews

Caption
David Kash will retire after 17 years as Assistant Butler County Prosecutor and 21 years in private practice.

Credit: DaytonDailyNews

At the age of 67, David Kash is trading the suits he donned daily in the courtroom for a more casual look on the golf course and in the yard of his Middletown home.

Kash will retire at the end of this month after 17 years as Assistant Butler County Prosecutor and 21 years in private practice.

Last month, Kash tried his last case with fellow Assistant Prosecutor Kelly Heile that ended with the conviction of one of three men in an Oxford rape case. On Friday, he was in the courtroom for the sentencing of the trio, marking one of his last appearances as a prosecutor.

MORE: Tucker, Parker sentenced to life in murder trial of firefighter

“Dave has been a great friend, a wonderful partner in trial and a mentor in life,” Heile said about Kash. “His sage advice and support have gotten me through some difficult times. He was there for my first trial and I was there for his last. I will miss him and the humor he brought to a difficult job, but I am so happy for him.”

The Middletown native, a graduate of Ohio University and Northern Kentucky University’s Salmon P. Chase College of Law, said he is happy to move on to new passions and experiences.

“I like working in my yard and that has taken a hit since I took this job,” Kash said. “I play golf. I like to eat, so I would like to learn to cook. But I can’t say I won’t ever be back in my profession.”

Kash and his wife, Sally, have two sons, five grandchildren and great-grandchildren.

Because his wife is not retired, Kash said it is his goal to “make her life much easier around the house.”

MORE: Jury finds man guilty on 23 charges in Oxford rape 

Retirement will be quite a change from the legal battles that have been his life for more than 35 years. As a veteran of both sides of the courtroom, Kash remains confident that the judicial system works.

It is true, Kash says, that a good attorney can argue both sides of a case.

“So sure that’s true You can argue both sides of the case. You develop a theme of your case, focus on that theme and then you try to chip away at the other side’s presentation of that case,” he said.

So then which side is right?

“Well that is for the jury to decide,” Kash said with a trademark laugh.

Kash has represented the state in hundreds of cases over the years, with some long, complicated trials, including the murder and arson trial of William Tucker and Lester Parker, who were convicted in the death of Hamilton Firefighter Patrick Wolterman.

He said he doesn’t relive cases, even those he lost — for the most part.

MORE: Guilty verdict in Middletown murder trial

A Middletown felonious assault case in which a jury believed a “fathom shooter” defense “still sticks in my crawl,” Kash said.

“So do I believe a jury sometimes goes astray? Look we are dealing with human beings. They bring their own frailties and experiences to something that is usually totally foreign to them. Things happen,” Kash said.

Butler County Prosecutor Michael Gmoser said Kash has earned his retirement.

“He leaves knowing that he successfully prosecuted the worst of the worst, including the killers of firefighter Patrick Wolterman the we prosecuted together,” Gmoser said. “Dave has always been prepared for the tasks at hand with consummate skill and professionalism and it is my sincere hope that he applies those skills to his well-earned retirement.”

Defense attorney David Washington, who has battled in court against Kash several times, said, “David is a skilled and passionate prosecutor. He is also fair and reasonable most days. I’ve thoroughly enjoyed trying cases cases against him over the years. He will be missed.”