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Published: Tuesday, February 06, 2018 @ 8:58 AM
For the second time during a recent spate of lawsuits against Montgomery County Jail personnel, county attorneys have tried to pin fault on NaphCare, the health care provider that contracts with the jail.
In the lawsuit filed in Dayton’s U.S. District Court involving the 2015 death of Robert Linkous of Huber Heights shortly after his removal from the jail, county attorneys filed a third-party complaint against NaphCare Inc.
“The Montgomery County defendants have demanded that NaphCare defend and indemnify the Montgomery County defendants in this action, under the provisions of the contract, but Naphcare has failed and refused to meet its contractual obligations,” county attorney Joseph Saks wrote in a Jan. 20 filing, citing Article 15 of an included 2011 contract signed with NaphCare.
Linkous’ son, Jayme Laurent, sued Huber Heights police officers Troy Diltz, Scott Short, Matthew Blair and Brian Carr, Montgomery County Sheriff Phil Plummer, the Montgomery County Board of Commissioners and county jail staff alleging that Linkous did not get needed medical attention while in jail.
Huber Heights police have not responded to messages seeking comment on the department and its officers. In its court answer, a lawyer representing Huber Heights denied the substantive allegations.
Attorney Casey Stansbury, who represents Huber Heights, said he had not seen the county’s complaint against NaphCare and couldn’t comment on it; NaphCare has not yet answered the complaint in court: “However, in general, my clients and I trust in the legal system and an ultimate finding of no liability will be coming in the future.”
Linkous, 49, died of heart failure after he was incarcerated for a day in the jail, according to the lawsuit, which claimed his wife called 911 because Linkous needed medical attention. She said he had been suffering withdrawal from alcohol and heroin for three days.
The suit alleged police took Linkous to jail Oct. 6, 2015, on two decade-old probation violation warrants out of Michigan and Clark County.
After a day in the jail, he was being transported to the Clark County Jail by Clark County deputies when they determined Linkous needed immediate medical attention and took him to a hospital, the lawsuit states.
“Upon review of the complaint filed, it is evident that the majority of the allegations involve the City of Huber Heights Police Department allegedly not allowing Robert Linkous to be transported to the hospital via ambulance prior to his arrest by the City of Huber Heights,” wrote Brad Cain, NaphCare’s chief legal officer, in a statement to this news organization.
“Neither NaphCare nor any of its personnel have been named as a party to the lawsuit filed by Mr. Laurent against the City of Huber Heights, Montgomery County and various other individual defendants,” the statement continued.
In a separate lawsuit involving an alleged jail assault against homeless veteran Joseph Guglielmo, county attorneys filed a similar third-party complaint against NaphCare, alleging “deliberate indifference to and callous and/or reckless disregard for the rights and critical medical and mental health needs of plaintiff Joseph Guglielmo.”
U.S. District Court Magistrate Judge Sharon Ovington dismissed the third-party action in that case and wrote that no contract was included with it to support contract language and that it unduly complicated the case. NaphCare also denied the allegations in that case.
The county still has options, according to Montgomery County Prosecutor’s office civil division chief Mary Montgomery.
“The dismissal in federal court does not preclude Montgomery County from filing a complaint against NaphCare in state court seeking indemnification, which we anticipate that we would do, should any liability be found,” Montgomery said.
In the Linkous case, Cain also wrote: “Montgomery County has now filed a third-party action against NaphCare and is seeking to bring NaphCare into the case to defend Montgomery County for its alleged wrongdoing.
“NaphCare respectfully disagrees and believes this is a matter between the currently named defendants in the Laurent lawsuit and that it should not be involved. As the third-party case is now in active litigation, NaphCare does not wish to comment further at this time.”
SPECIAL REPORT: Justice in the Jailhouse
In response, a spokesman for the Montgomery County Prosecutor’s Office issued a statement from Mary Montgomery that said, in part: “We filed a third-party complaint on behalf of the citizens and taxpayers of Montgomery County because the allegations were that adequate medical care was not provided,” Montgomery wrote. “NaphCare should defend the allegations against the Sheriff and Montgomery County and indemnify the Sheriff and Montgomery County against any liability, should there be an award of damages.”
The county has settled four recent lawsuits against the jail for $888,000 and won a jury verdict in another. Other suits are pending.
Published: Thursday, February 22, 2018 @ 5:43 PM
DAYTON — It’s any parents, and kids, worst nightmare. Strangers, trying to bust down the front door of a dayton home, just minutes after parents left for work, and their 11-year-old kids home alone.
Dayton police have opened an investigation. A security camera on a neighbor’s house on holly avenue in dayton captured the faces of two men, wearing lanyards, going door to door. They avoided homes with visible security cameras.
They moved on to the house where two kids were home alone. They began banging on the front door for approximately ten minutes, according to a Dayton Police report. Then the men began thrusting their shoulders against the door.
"When you do that to our front door, our whole house shakes, so our kids were pretty upset,” said Christina Baine, the children’s mother.
Her two kids never approached or opened the door, just as they were taught.
“After a few times of doing that, he did retreat and leave," added Baine.
Surveillance video is the best lead police have to go on right now. We’ve blurred their faces because they have not been charged with a crime. When we showed the video to neighbors along Holly Avenue, the remembered the men walking the sidewalks and thought they looked suspicious.
Now the Baine family has installed its own security cameras.
Published: Thursday, February 22, 2018 @ 1:34 PM
— A Greenon High School student has been charged in connection with a crash that killed another student in October.
Andrew J. Scott, 16, faces charges of vehicular homicide and vehicular manslaughter in Clark County Juvenile Court.
Kendal “Kenny” DePhillip, a junior, died while a passenger in a car that crashed shortly before 4:30 p.m. Sunday, Oct. 17, on Fowler Road between Rebert Pike and Broadway Road in Clark County.
Scott allegedly went off the right side of the road, clipped a telephone pole and then hit another pole, Ohio State Highway Patrol troopers said. Scott sustained non-life threatening injuries, troopers said.
Published: Thursday, February 22, 2018 @ 3:19 PM
The auto dealership owner found shot to death inside his business on Monday was a U.S. Army Vietnam War veteran who loved horses and cars, according to an online obituary.
Frank D. Buck, 71, and his friend, Lester Golson, 59, were both found dead of apparent gunshot wounds inside of Buck-I Auto Sales after what Montgomery County Sheriff’s Office deputies said was a struggle involving a gun.
Investigators were not searching for anyone after the shooting, believing that the incident was “contained” inside the dealership at 2801 N. Dixie Drive.
Buck operated his car dealership for more than 30 years, the obit said. Services were pending at Newcomer North Chapel, 4104 Needmore Rd. The obit said contributions to help pay for expenses can be made through the funeral home’s website.
Buck is survived by his children, Shelly Buck, Laura Hurst, Candace Buck and Frank DJ Buck, six grandchildren, four great-grandchildren, ex-wife Penny Buck and many relatives and friends, according to Buck’s obituary.
“My father was a loving man would do anything in the world for just about anybody, he was loved by a lot he was always smiling, laughing, and joking around,” Candace Buck told this news organization earlier this week. “My condolences are with the Golson family during this very hard time.”
FIRST REPORT: 2 men found shot to death inside auto dealership
Golson’s obituary is not yet available. Efforts to get comment from his family or friends have been unsuccessful.
Buck-I Auto Sales was broken into Jan. 5, 2016, according to a sheriff’s incident report that said one of the windows in an overhead door was smashed.
A friend, not Golson, of Buck’s who was watching the business while Buck was out of town called police. That report said there were no surveillance cameras on the property.
Nearly three weeks later from the first incident, another report said a car was stolen but recovered from the Jan. 5, 2016 crime and that it appeared that the dealership was vandalized again as part of an effort to steal a car. A different stolen car was located in November 2016, according to sheriff’s office incident reports.
“It is my understanding Mr. Buck was putting up cameras,” a Jan. 23, 2016 report read, adding that there were no suspects and no leads.
A woman who tried to get into the business Monday and saw one man point a gun at another then called 911 to report that she saw people get into a “tussle” before she heard three gunshots.
In the sometimes frantic 6-minute call at 1:22 p.m., the woman said, “I was trying to get to my car and get to the phone to call the police then I heard gunshots.”
Deputies investigating the shootings earlier this week did not locate any surveillance cameras at the property.
The Montgomery County Coroner’s Office on Thursday said the two men’s cause and manner of death were still listed as “pending” due to the ongoing investigation.
Published: Thursday, February 22, 2018 @ 11:54 AM
DEKALB COUNTY, Ga. — A father is in custody after police say he intentionally killed his 5-year-old son at a DeKalb County, Georgia, home Wednesday night.
It was not immediately clear what led to the homicide or how the boy was killed.
According to police, the child lived at a home on Rocky Pine Drive in Lithonia with his grandmother. His parents drove from California for an unannounced visit Wednesday, authorities said.
The boy’s mother and grandmother left the home, returned and “learned that the child had been murdered,” police spokeswoman Shiera Campbell told WSBTV.
Police say parents came from California unannounced to visit their five year old son who lived with his grandmother. While the mother and grandmother were out of the house police say the father killed the boy. The mother is cooperating and is not a suspect. pic.twitter.com/6g3rNOgkDO— Carl Willis (@CarlWillisWSB) February 22, 2018
Three other children were inside the home at the time of the killing, but were not injured, the news station reported.
Police have not released the names of the father and child.
"Right now, the father is in custody,” Campbell said. “He is a 25-year-old male.”
Authorities continued to investigate the incident Thursday.