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Published: Sunday, November 29, 2015 @ 3:55 AM
Updated: Monday, May 02, 2016 @ 3:15 PM
CELINA — A Mercer County grand jury declined to indicate a state trooper in the shooting death of a Celina man Nov. 29, 2015. The man killed was shot after ordering an Ohio State Highway Patrol trooper out of his cruiser and pointing a gun at him. The trooper has since returned to duty.
UPDATE @ 3:08 p.m. (May 2)
A Mercer County grand jury April 28 chose not to indict Ohio State Highway Patrol trooper Brandon M. Chaney in the fatal shooting of Justin McHenry last November.
“After considering the testimony of the witness and the evidence presented, the grand jury found and held that the action of Justin D. McHenry towards Trooper Brandon M. Chaney presented the imminent threat of serious physical harm or death toward Trooper Brandon M. Chaney,” reads a press release from Mercer County Prosecutor’s Office.
UPDATE @ 8:35 a.m. (Dec. 17)
The Ohio Highway Patrol said Trooper Brandon Chaney has returned to his position at the Wapakoneta post following the fatal shooting he was involved in last month.
UPDATE @ 2:12 p.m. (Dec. 2)
NewsCenter 7’s Steve Baker has Trooper Brandon Chaney’s personnel file in hand and will have more starting at 5 p.m. today on WHIO.
Highlights from the trooper’s personnel file include performance evaluations since he started as a trooper Feb. 8, 2013 to present.
In August 2013, Chaney was commended for having demonstrated patience when dealing with violators and the motoring public, according to the file.
But Chaney was told Feb. 20, 2014, that he “does not always analyze or evaluate the situation at hand to come to the best solution.”
Chaney was involved in an injury crash in a cruiser that resulted from him driving too fast and not knowing the geographic area he was responding to, according to the file.
“Trooper Chaney needs to make sure he is aware of the consequences for any bad decision making,” the file reads.
By January 2015, Chaney was commended for establishing himself as a leader at the Wapakoneta post and working toward the goals set by the Wapakoneta post and OSP division.
UPDATE @ 10:41 a.m. (Nov. 30)
Trooper Brandon Chaney is the officer who fatally shot Justin McHenry early Sunday morning, the Ohio State Highway Patrol said.
Chaney, a trooper since Feb. 8, 2013, remains on paid administrative leave.
UPDATE @ 3 p.m. (Nov. 29)
The Celina man who confronted a trooper and pulled a gun on him before he was fatally shot Saturday morning had run-ins with troopers in the past.
Justin McHenry, 22, was charged with operating a vehicle under the influence by the Ohio State Highway Patrol on Sept. 7, 2014, Celina Municipal Court records show. He pleaded no contest to the charge and was found guilty. It was his second OVI conviction — he was found guilty in 2012 for drunken driving in a case also involving a trooper, according to records.
Coldwater police arrested McHenry for assault and underage alcohol charges in 2013, and in 2011, a trooper issued him a speeding ticket, according to online court records.
The highway patrol said today that the trooper involved in the fatal shooting had no known prior contact with McHenry, and was not working on any cases that involved him.
UPDATE @ Noon (Nov. 29)
We now know a trooper involved in a fatal shooting this morning in Celina fired his weapon at least four times.
There were four or five bullet holes in the front window of the Celina Fire Station on North Main Street. The Ohio State Highway Patrol said the bullets came from the trooper’s gun and that it’s unclear whether the man shot after pointing a gun at the trooper fired any shots.
The fire station was across from where the patrol car was parked when the suspect, 22-year-old Justin McHenry of Celina, allegedly confronted the trooper.
UPDATE @ 11:30 a.m. (Nov. 29)
The scene of the fatal shooting involving a state trooper is clear and Main Street is back open between Market and East Fulton streets. The trooper involved is removed from road patrol pending the investigation, which is policy for officer-involved shootings, the patrol said. The trooper’s name will likely be released in one to two days, according to the patrol.
UPDATE @ 9:45 a.m. (Nov. 29)
A Celina man who was shot early today after pointing a gun at a trooper has died, according to the Ohio State Highway Patrol.
The gunshot victim was identified as 22-year-old Justin D. McHenry. The trooper involved in the fatal shooting was not identified.
The trooper said he was inside his patrol cruiser parked on Main Street near Livingston Street around 1:30 a.m. working on paperwork from a previous incident when McHenry parked his 1991 Chevrolet S-10 pickup truck across the street and walked to the cruiser, according to the highway patrol. McHenry, who had no contact with the trooper before this incident, became confrontational with the trooper and ordered him out of his patrol car, the patrol said.
After the trooper got out of his cruiser, the trooper said McHenry pulled out a 9mm handgun and pointed it at the trooper, who said he tried to disarm McHenry but was unsuccessful. The trooper broke contact with McHenry and shots were fired. McHenry was stuck by rounds from the troopers handgun, according to the highway patrol.
The trooper, who was not hurt, and officers from the Celina Police Department, who responded after hearing the shots, rendered first aid until medics arrived. McHenry was taken to Mercer County Community Hospital in Coldwater and was transferred by medical helicopter to St. Rita’s Medical Center in Lima, where he succumbed to his injuries, the patrol said.
Main Street between Market and East Fulton streets will remain closed while police process evidence in the ongoing investigation.
The patrol did not say whether McHenry fired any shots at the trooper, and it’s not clear what led McHenry to confront the trooper with a gun.
UPDATE @ 5:24 a.m. (Nov. 29)
The man who was shot was initially transported to Coldwater Hospital before being taken to St. Rita Hospital in Lima via careflight, said Piqua District Highway Patrol Capt. Daniel Springs. North Main Street is closed while officials carry out their investigation.
FIRST REPORT (Nov. 29)
According to a statement, a state trooper from the Wapakoneta Post of the Ohio State Highway Patrol was issuing a citation to a person for OVI at the Celina Police Department at 202 North Main Street Sunday morning.
The trooper was then approached by a person not involved in the citation who displayed a weapon. Shots were fired by both the subject and the trooper, with the subject receiving several gunshot wounds. The state trooper involved was not hit.
The condition of the person shot is being withheld at this time.
Published: Wednesday, March 21, 2018 @ 6:37 PM
TROY — A Michigan man who led state troopers on a 55-mile chase from Piqua to Allen County in November was sentenced Monday in Miami County Common Pleas Court to 30 months in prison.
David Nehmer, 27, of Paw Paw, Michigan, was sentenced to 30 months in prison for failure to comply with the order or signal of a police officer and six months in jail for driving while under the influence. The sentences will be served concurrently in the penitentiary. Nehmer’s driver’s license was also suspended for five years.
Nehmer was arrested in the early morning hours on Interstate 75 near Bluffton. The pursuit began in Piqua after troopers received a report of a vehicle driving on its rims.
The pursuit of Nehmer — wanted on warrants out of Michigan — included speeds of more than 120 mph, troopers said.
Janna Parker, an assistant county prosecutor, said Nehmer was on parole in Michigan at the time of the chase that included what she called “insanely fast speeds” on tire rims. She said Nehmer put not only himself but multiple police officers and countless motorists at risk.
Judge Christopher Gee sentenced Nehmer, calling the pursuit “a horrific and very dangerous chase.” Gee said Nehmer was fortunate no one, including him, was injured.
“This kind of behavior cannot be condoned in any way,” Gee said.
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Published: Wednesday, March 21, 2018 @ 5:57 PM
Updated: Wednesday, March 21, 2018 @ 6:30 PM
CLARK COUNTY, Ohio — The Clark County Sheriff’s Office says a woman’s 3-month-old daughter who died of Sudden Infant Death Syndrome in 1984 was buried in the wrong grave at a family plot in Glen Haven Memorial Gardens in Bethel Twp.
Connie Rosellen told News Center 7 she discovered the mistake after the death of her stepfather. During his burial, cemetery officials reportedly struck her daughter’s casket and broke it.
Rosellen said she called deputies last week after arriving at the cemetery for her daughter’s disinterment and reburial and allegedly found the baby’s remains in what she described as a shallow grave, covered only by the blanket she was buried with, a tarp and and a plywood board.
The Clark County Sheriff’s Office says multiple deputies responded to the cemetery but they didn’t open a criminal case. According to their initial investigation, the cemetery followed all legal procedures.
Published: Wednesday, March 21, 2018 @ 9:44 AM
Updated: Wednesday, March 21, 2018 @ 11:58 AM
— A wrongful death civil lawsuit has been filed in the October Moraine police officer-involved fatal shooting of a Dayton man.
The lawsuit filed Tuesday in federal court by the estate of Jamarco McShann alleges a conspiracy and misconduct involving several Moraine police officers.
“Defendant Officers John Howard, Jerry Knight, Michael Cornely, Justin Eller, Brian O’Neal, and unnamed officers willfully and maliciously shot Jamarco Dewayne McShann to death, and/or failed to intervene to prevent the use of deadly force against him despite the duty and the opportunity to do so,” the lawsuit states.
On Wednesday, the attorneys that filed the suit had a press conference that included other community activists and mothers of other Ohio men who have been shot and killed by police.
“Jamarco McShann’s rights were violated,” said attorney Andrew Stroth, who filed the lawsuit. “He was unjustifiably shot and killed. There was no provocation. There was no threat of danger. The officers shot and killed him through the back of his vehicle. And the lawsuit outlines the allegations.”
Rev. Jerome McCorry, president and CEO of the National Congress on Faith & Social Justice, said: "We will fight for justice until justice is done.” Attorneys for the family also said it was “unacceptable” that the officers who fired their guns were back on full duty.
“The City of Moraine does not comment on pending litigation,” read a statement made Wednesday by Moraine law director Buzz Portune, “but is satisfied that all actions taken by its Division of Police and officers involved in the matter were fully compliant with all applicable law enforcement standards and appropriate under the circumstances.”
“The defendant officers otherwise acted both willfully, wantonly, recklessly, negligently, intentionally, and with malice and willful indifference in committing the acts alleged in this complaint, which resulted in the wrongful death of Jamarco McShann,” according to the suit.
The 23-year-old McShann, died from “multiple shotgun and gunshot wounds” after a confrontation with Moraine officers John Howard and Jerry Knight in the early-morning hours of Oct. 20, according to the Montgomery County Coroner’s Office.
The Ohio Bureau of Criminal Investigation oversaw a probe into the matter at the request of the Moraine Police Division. That has been forwarded to the Montgomery County Prosecutor’s Office.
Published: Wednesday, March 21, 2018 @ 3:26 PM
TROY — A Piqua man pleaded guilty Wednesday to felony rape in a case heard in Miami County Common Pleas Court.
Dylan Cost, 21, initially faced one count of rape for alleged sexual conduct with a person under age 13, in August in Piqua. As part of a plea deal, that charge will be dismissed.
The new charge does not specify the age of the victim and carries a shorter potential sentence. He could receive up to 11 years in prison at sentencing April 30. The original charge carried a possible life sentence.
Judge Jeannine Pratt found Cost guilty and ordered a pre-sentence investigation.
He will be classified as a Tier III sex offender at sentencing. The designation will require him to register his address at the sheriff’s office in the county where he lives every 90 days for the rest of his life after prison release.