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Accused Warren County murderer seeking access to wife while in jail

Published: Thursday, November 09, 2017 @ 11:31 AM


            Christopher Kirby is headed back to the Warren County Jail after a hearing Thursday in his capital murder case.
Christopher Kirby is headed back to the Warren County Jail after a hearing Thursday in his capital murder case.

A South Lebanon man facing the death penalty wants access to his wife, who is also charged in the case and held like him in the Warren County Jail.

This morning, a lawyer representing Christopher Kirby pressed Judge Donald Oda II for direction on how to get Kirby access to his wife while they await trial, scheduled for Oct. 22, 2018.

During a hearing in Warren County Common Pleas Court, Oda told Kirby and his lawyer John Kaspar that he would not be issuing a no-contact order, as sought by prosecutors, and suggested he communicate this to officials at the jail in Lebanon.

RELATED: Missing phone’s records sought in capital murder case

Kirby, 38, is held on charges of aggravated murder, aggravated robbery, murder, attempted murder, felonious assault, grand theft and tampering with evidence in connection with the beating death of his sister and severe beating of her husband.

If convicted, Kirby could face the death penalty.

His adoptive sister, Debrah Power, 63, of South Lebanon, was pronounced dead from head injuries Sept. 15 at her home in South Lebanon. Her husband, Ronnie Power, was badly beaten in the attack and remained in serious condition, according to authorities.

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Kirby’s wife, Jacqueline, 30, is charged with tampering with evidence, receiving stolen property and misuse of credit cards in the case. She is next scheduled to appear before Oda on Dec. 4.

The four people involved in the case shared a house in South Lebanon.

MORE: Ohio Supreme Court to hear Warren County death penalty appeal

“Jacqueline stated during her interview, they used Mr. Power’s cell phone to contact drug dealers. She said they were trying to sell a television they’d taken from the residence,” an investigator alleged in a search-warrant affidavit.

The tampering with evidence charges stem from the Kirbys’ alleged disposal of the cell phone and Debra Power’s purse on Interstate 75, where they were arrested.

Christopher Kirby remained in the county jail without bond. Jacqueline Kirby’s bond has been reduced from $250,000 to $20,000, but she also remained in jail.

WATCH: Armed man records Facebook Live during police pursuit

Published: Tuesday, November 21, 2017 @ 2:45 PM

WATCH: Suspect's Facebook Live records involvement in recent pursuit and crash

A man arrested after a Dayton police pursuit and crash, recorded himself on Facebook, pointing a gun as he was being pursued by Dayton police. 

A citizen who claims to have seen the Facebook Live of the chase before the post was taken down sent the Facebook video to our newsroom Tuesday morning.  

SEE: Cruiser cam released of pursuit after reported carjacking

In the video, King Turner, 19, of Trotwood can be seen pointing a gun while driving fast and making quick turns, crossing a bridge before finally crashing and bailing out of the car. 

At the end of the video, you see a police officer pick up the cell phone as it continues to record.

Turner was arrested after the pursuit and crash on Tennyson Avenue on Nov. 10, according to a Dayton police report.

Local teacher arrested in death of pedestrian in hit and run crash 

Turner was found hiding in a home on Shaftesbury Road a few minutes later.

He was being held in the Montgomery County jail Tuesday afternoon, facing charges of improper handling of a firearm, receiving stolen property, failure to comply with the order of a police officer and a parole violation. 

4 years in prison for former deputy who assaulted wife, daughter

Published: Wednesday, November 15, 2017 @ 11:44 AM

Former Montgomery County deputy sentenced to 4 Years in Prison.

A former Montgomery County sheriff’s deputy was sentenced Nov. 15 to four years in prison for assaulting his wife and one of her daughters in February at their home in Warren County.

Judge Timothy Tepe also ordered Douglas Gearhart, 44, to pay more than $5,000 in restitution and complete three years of parole or face more prison time.

»RELATED: Former deputy awaits felonious assault, domestic violence verdicts

Gearhart resigned from his job as a deputy sheriff after an incident on Feb. 15 at a home he shared with his wife, and her daughters. His wife lost three teeth during an altercation at their home in Franklin Twp. that also involved one of the daughters.

“What a dishonor to the badge,” she said in a statement read by a victim’s advocate during the sentencing.

Gearhart broke down and cried after turning to her and her daughters to apologize.

“You were everything to me. The kids were everything to me,” Gearhart said.

»RELATED: Deputy previously suspended after a protection order filed by an ex-wife

In September, Tepe found Gearhart guilty on two counts of domestic violence and one of count felonious assault after a one-day bench trial. Gearhart was found not guilty on a driving while intoxicated charge.

Warren County Prosecutor David Fornshell detailed the incident in a press release:

“Gearhart assaulted his wife and her daughter in their Franklin home. Gearhart grabbed his stepdaughter by her head and neck and shoved her into a door. When his wife tried to intervene, Gearhart grabbed her by the hair and shoved her to the ground, hitting her head on the kitchen island. … The victim was taken to the hospital by squad.”

Gearhart drove away before Warren County sheriff’s deputies and an ambulance crew arrived. He was later arrested by Warren County sheriff’s deputies.

“I share the opinion of our local men and women in blue who are relieved that he is no longer part of the law enforcement community,” Warren County Prosecutor David Fornshell said in a statement issued after the hearing.

He and his wife were scheduled for a final noncontested hearing at 11:30 a.m. Nov. 17 in their divorce case, down the hall from the courtroom in Lebanon where he was sentenced.

Judge: 1 trial for ex-Dayton Children’s doctor accused by 2 patients

Published: Tuesday, November 21, 2017 @ 2:03 PM
Updated: Tuesday, November 21, 2017 @ 2:03 PM


            Arun Aggarwal booking photo from Loudoun County, Va., Sheriff’s Office.
Arun Aggarwal booking photo from Loudoun County, Va., Sheriff’s Office.

The gross sexual imposition charges against former Dayton Children’s doctor Arun Aggarwal stemming from two female patients will be tried in one case, a Montgomery County Common Pleas judge decided.

Aggarwal, 40, faces four counts of gross sexual imposition — one count involving a female patient in December 2013, the others involving another female patient in August, September and November 2014, according to court records.

MORE: Former Children’s doctor arraigned in court

Judge Mary Wiseman denied Aggarwal’s request to be tried separately for each patient’s allegations. Aggarwal, who has pleaded not guilty, is set to begin trial Jan. 4 after a final pre-trial before Christmas.

Wiseman found the evidence surrounding the first patient’s allegations are “highly probative” to the allegations involving the second patient, according to a copy of her decision. The judge decided that, if believed by a jury, the testimony of the first patient corroborates the testimony of the second patient, and vice-versa.

Aggarwal’s attorney, Samuel Shamansky, of Columbus, argued the charges should be tried separately, in part because “the two sets of charges do not overlap temporally or evidentially.”

Shamansky argued a “joined trial would permit evidence to be presented which would not be admissible in separate trials” and that “the evidence is not simple and direct, and is of such an inflammatory nature that the jury would be inescapably prejudiced against” Aggarwal.

MORE: Records reveal hospital debate over sexual misconduct allegations

But Wiseman found the evidence in the case is “simple and direct,” and that “there are only two alleged victims, with alleged offenses occurring serially and chronologically.”

“A jury is well capable of segregating the proof required for each alleged victim in this matter,” the judge wrote.

Prosecutors asked Wiseman to overrule Aggarwal’s severance motion and argued that while there are more counts involving the second patient over a longer period of time, “ultimately the timeliness of their sexual abuse are close in time to one another and their disclosures involve defendant using his position as their doctor to conduct unnecessary breast exams that were virtually identical.”

Prosecutors additionally said that in a trial involving the first patient, it is clear that witnesses in that case would also be called as witnesses in the second patient’s case “to establish the location of the events as well as corrective measures that were taken to prevent further incidents.”

Aggarwal was employed by Wright State University’s medical school and practiced at Dayton Children’s under a contract between WSU and the hospital.

MORE: ‘Our process failed us,’ hospital CEO says

A Dayton Daily News investigation this year found hospital and university administrators opted not to report allegations by the two patients against Aggarwal to police, according to police investigative records obtained by the newspaper using public records laws. After the first complaint, they issued him a warning. After the second, they set up a policy requiring a nurse or other health professional to be in the room whenever he examined a female patient over the age of 10.

Police learned of the allegations when a Children’s manager reported it to police on her own.

At the time of Aggarwal’s August arrest, Dayton Children’s said the hospital strengthened its processes in responding to allegations of this nature and have implemented “one of the most stringent chaperone policies in the country.”

SEE: Cruiser cam released of pursuit after reported armed carjacking

Published: Friday, November 10, 2017 @ 3:59 PM
Updated: Monday, November 20, 2017 @ 5:37 PM

Cruiser cam video has been released of a pursuit that went through parts of Dayton on Nov. 10.

UPDATE @ 5:35 p.m. (Nov. 20): See cruiser cam video of the Nov. 11 pursuit and crash stemming from a carjacking incident in Dayton.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio. com

UPDATE @ 12:30 a.m. (Nov. 11)

Police said they are continuing to look for suspects in the Friday afternoon carjacking.

UPDATE @ 6:10 p.m. (Nov. 10)

A carjacking suspect was caught this afternoon hiding inside a vacant house after a police pursuit ended in a car crash.

Pursuit in Dayton ends in crash

Police are still looking for other suspects who stole a car at gunpoint from a man in the area of Hoover and Gettysburg avenues about 2:10 p.m., Dayton police Lt. Eric Sheldon said.

“There were several suspects that robbed the owner at gunpoint,” he said.

>> Elderly man hit by car in Dayton suffers life-threatening injuries

Dayton police spotted the stolen car in the area of James H. McGee Boulevard and Gettysburg Avenue. At that point, only the driver was in the car, Sheldon said.

“They attempted to apprehend the driver. He fled and then officers chased the suspect in their vehicles and it ended up here at Cornell (Drive) and Tennyson (Avenue) where it crashed into a fence.

>> Fairborn paramedic tending OD patient overdoses on way to hospital

“The driver of the vehicle fled on foot and some of our officers were able to locate him hiding in a vacant house,” Sheldon said.

No one was injured, but the stolen car and a police cruiser had to be towed. The cruiser was damaged after the chase went off the road through a field when it hit a curb.

The name and age of the suspect arrested has not yet been released. Police said the suspects likely would face aggravated robbery charges.

FIRST REPORT

A police chase has ended with a crash in the area of Tennyson Avenue and Cornell Drive, according to initial reports.

>> Local crime news

The crash was reported about 3:45 p.m.

We’re working to learn more.