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2nd Warren County 10-year-old avoids detention in school threat case

Published: Wednesday, March 14, 2018 @ 12:43 PM

            On Tuesday, a 10-year-old Franklin boy was released to his parents while facing a charge of inducing panic at school. Today, a 10-year-old from South Lebanon is set for juvenile court after being charged with inducing panic. STAFF / LAWRENCE BUDD
On Tuesday, a 10-year-old Franklin boy was released to his parents while facing a charge of inducing panic at school. Today, a 10-year-old from South Lebanon is set for juvenile court after being charged with inducing panic. STAFF / LAWRENCE BUDD

A 10-year-old Warren County boy was spared detention on Wednesday for allegedly threatening the lives of his classmates in the Kings Local Schools.

This is the second case involving a 10-year-old and the 10th threat case filed in Warren County since the deadly shooting at Marjory Stoneham Douglas High School in Parkland, Fla., one month ago.

The South Lebanon boy who attends the Kings Local Schools is accused of saying, “I’m going to kill someone” after being suspended for 10 days following alleged death threats against multiple students and forming a “kill list.” He is charged with inducing panic.

On Wednesday, Judge Joe Kirby placed him on house arrest and ordered mental health treatment and attendance in a school program at the detention center. The boy is also barred from contact with classmates whose lives he threatened, the school district or access to weapons or internet access, while the case is pending.

RELATED: 5th student in school threat case freed after passing polygraph

On Tuesday, a 10-year-old Franklin boy was released to his parents while facing a charge of inducing panic at school.

The Franklin boy was the youngest and latest of nine school threat cases filed in Warren County since the deadly school shooting in Parkland, but court officials said another case involving a 10-year-old from South Lebanon was to be filed after a threat today.

“They just keep getting younger and younger,” Kirby said before a recess during which he mulled whether to spare the boy a stay in the detention center with older juveniles, some facing weapons and sex charges.

The Franklin boy, a fifth-grader at Schenck Elementary school, will be on house arrest. His father told Judge Joe Kirby all weapons were removed from the home in anticipation of his release.

MORE: 7 Butler County school threat cases in past month

He is accused of making statements on March 5 to three students “that he was going to bring a gun to school, kill everyone and then kill himself,” according to the case filed on Monday in the court in Lebanon.

The school principal investigated the case before contacting the police, according to the charge.

On March 7, the boy “described being bullied at school, and was having problems dealing with the bullying” during a meeting with the principal, his parents and Detective David Hatfield, the detective said in the charging documents.

MORE: National school walkout Wednesday: When it is, What will happen

Kirby ordered the boy considered for a polygraph and assessed, while under 24-hour line-of-site supervision. He has been suspended and faces expulsion, his father told Kirby.

On Monday, Kirby released a 17-year-old girl after 21 days of detention, the fifth case in which he released the child to their parents after a polygraph test.

Neither 10-year-old will undergo a polygraph, because the tests are not used on subjects under 12, coourt officials said Wednesday.

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John Crawford shooting: Beavercreek wants separate trial from Walmart

Published: Thursday, March 22, 2018 @ 10:57 AM
Updated: Thursday, March 22, 2018 @ 10:57 AM

John Crawford shooting: Beavercreek wants separate trial from Walmart

The wrongful death civil rights lawsuit brought by John Crawford III’s parents against Beavercreek and Walmart has been scheduled for a February 2019 trial date, according to federal court records.

But the case could be split into two trials, if a federal judge grants a motion from the city of Beavercreek to separate the defendants.

RELATED: Deposition: Williams shot Crawford because he ‘was about to’ point a weapon

Dayton’s U.S. District Court Judge Walter Rice scheduled the trial for Feb. 4, 2019 — a day shy of 4½ years after Crawford, 22, of Fairfield, was shot and killed by Beavercreek police officer Sean Williams in Walmart.

Beavercreek police responded after lone 911 caller Ronald Ritchie said he saw a black man carrying a rifle and waving it at people, including children. Police said Crawford, who was on his cell phone, didn’t respond to requests by Williams and Sgt. David Darkow to drop the item — a realistic-looking BB/pellet rifle he picked up from an open box in the store.

RELATED: Beavercreek officer who shot John Crawford III back on ‘full duty’

Crawford’s attorneys said Crawford had less than a second to hear and respond to anything officers said. Williams was cleared by a Greene County special grand jury in September 2014, and a federal investigation ended in 2017 without criminal charges.

Beavercreek attorneys filed a motion to split the case. They argued that the Beavercreek defendants are facing civil rights allegations such as excessive force, the police department’s supervision, training and control of its officers in circumstances requiring the use of force.

RELATED: Feds won’t charge Beavercreek officer in Walmart shooting

The Beavercreek attorneys said the Walmart defendants face state law claims involving issues of negligence and premises liability concerning the packaging, storage, shelving and safeguarding of pellet rifles.

“Due to the vastly different sets of facts supporting the claims against these sets of Defendants,” Beavercreek attorneys wrote, “severance of the claims and separate trials are appropriate.”

Rice has not ruled on the motion.

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Tipp City: Middle school student made threats against 2 adults, building

Published: Thursday, March 22, 2018 @ 5:08 PM

The Tipp City Exempted Village Schools said Thursday that a middle school student faces misdemeanor charges including aggravated menacing and disorderly conduct after he allegedly made written comments threatening intent to harm two adults within the building and to cause building destruction. 

Tipp City police were notified and are investigating the incident. There were no injuries. 

“The Tipp City Police Department does not deem the student to be an immediate threat to students, staff, or the community,” Superintendent Gretta Kumpf said in a written statement.

Kumpf said the district emphasized the police were confident there is no additional threat of harm from the incident. She said the student will remain out of school during the investigation. 

Police said the threats were found in a classroom, turned over to administrators and a suspect identified. The juvenile admitted to writing the threats, police stated.

Police said charges were filed after contact with Miami County prosecutors. The student is charged with two counts of aggravated menacing and one count of disorderly conduct.

The student, a boy, is with parents but that could change, police said Thursday evening.

Parents were notified of the threats via a phone call, Liz Robbins, district community relations director, said.

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Sex offenders on college campuses

Published: Thursday, March 22, 2018 @ 4:05 PM

Sex offenders on college campuses

An I-Team investigation has found local colleges and universities can accept convicted sex offenders as students but their classmates are unaware of those convictions. Daniel Schrand, the Sex Offender Registration and Notification officer for the Greene County Sheriff's Office, said offenders are required to notify the local sheriff of their status as a student. The official notification, though, ends there.

"The only person they have to tell is their local sheriff's office. If I have an offender who registers with me, his address, and goes to school in another county, he has to register the school with me and also the county that the school is in." 

RELATED: Pentagon often fails young sex assault victims on bases

According to Schrand, nothing in state law requires the school or the other students to be told. That lack of disclosure is a concern to some students, including Sinclair creative writing major Chris Fohl. He does understand why they would be allowed to be admitted. "That would speak a lot about Sinclair, second chances and all of that," Fohl said.

Sinclair spokesman Adam Murka said safety is the college's number one goal. For several years the school has had a specific policy on the conditions for enrollment for convicted sex offenders. "We understand we have an obligation to provide a safe learning environment and we have an obligation since we have a daycare here on campus," Murka said. Sinclair's Police Chief, John Huber, said there are restrictions on where a student with a sex-related conviction can travel on campus. "We do not allow them to be in classrooms with minors if that's a condition of their probation and parole. They are not to have classes in building nine which is where our daycare center is," Huber said. He added that Sinclair has not had a problem with any students with a conviction.

RELATED: U.S. passports will identify child sex offenders 

Schrand said he voluntarily notifies Sinclair, Wright State University and other schools if an offender who registers with him lists themselves as a student at a local college. While Schrand supports direct notification for the schools, he does not want to make it impossible for them to attend college. That way, Schrand says, they can get a job and turn their lives around.

Would students mind going to class with a convicted sex offender? Sinclair student Karissa Hammond said she would be cautious but not prohibit a person with a conviction from attending school. "They do deserve a second chance but it does not mean you have to be blind to it. It doesn't mean you cannot be cautious around people."

How many students with a conviction are attending local colleges and universities? The I-Team will break down the data and explore the policies of multiple schools as coverage of sex offenders on campus continues Sunday in the Dayton Daily News.

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Former corrections officer pleads guilty to having sex with inmate

Published: Thursday, March 22, 2018 @ 3:46 PM

Former corrctions officer pleads guilty

Saying it was the “best course of action,” the attorney for a former Butler County corrections officer changed her plea today to guilty to one count of sexual battery, a third-degree felony.

Attorney Mike Allen, representing Nakisha Newell, said his client admitted she “made a mistake,” so she changed her plea to guilty.

RELATED: Fired officer accused of sex with inmate has hearing continued

Judge Greg Stephens said Newell faces five years in prison and a $10,000 fine and must register as a Tier III sex offender. Newell will be sentenced on May 17.

Stephens ordered a pre-sentence investigation to review the facts in the case, but he said a 24-month prison sentence is the “likely” starting point.

Newell, 28, a mother of four from Monroe, was arrested Nov. 27, 2017 after a day-long investigation by the sheriff’s office. She was indicted in December on two counts of sexual battery and illegal conveyance into a detention facility for allegedly having sex with a male inmate at the Hanover Street corrections facility.

For her guilty plea, one count of sexual battery and illegal conveyance were dismissed, Stephens said. She is free on $5,000 bond.

Allen had entered a not guilty plea on Newell’s behalf prior to today’s hearing. This news agency was the only one in the courtroom.

Newell, who was employed as a corrections officer for 18 months, is accused of having sex with an inmate between Oct. 14 and Nov. 24. She is also accused of delivering a white iPhone to the inmate while he was in jail.

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