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Ex-Dayton Children’s doctor sex crimes trial date set

Published: Thursday, September 21, 2017 @ 9:37 AM

Arun Aggarwal
Arun Aggarwal

The sex assault case of a former Dayton Children’s doctor will head to trial in 2018, according to court records.

Arun Aggarwal, 40, faces four counts of gross sexual imposition for allegedly touching two female teenage patients’ breasts. He pleaded not guilty to the charges.

PREVIOUS: Former Children’s doctor arraigned in court

His trial date is set for Jan. 22 after a final pre-trial conference on Jan. 11, Judge Mary Wiseman said.

Aggarwal is a former pediatric gastroenterologist at Dayton Children’s. The incidents allegedly occurred between Dec. 23, 2013, and Nov. 10, 2014. The charges are fourth-degree felonies.

A request to Aggarwal’s attorney for comment was not immediately returned.

Aggarwal was arrested in August after attempting to flee the country, according to the Montgomery County Prosecutor’s Office. Aggarwal was arrested in Washington D.C. after flying from Cleveland to Dulles International Airport in an attempt to catch a connecting flight to India.

MORE: Board revokes license of doctor accused of touching two teens’ breasts

A 2015 investigation by Dayton police concluded with the Montgomery County Prosecutor’s Office declining to take the case to grand jury because one of the alleged victims wouldn’t testify, according to records obtained by the Dayton Daily News.

An investigation by the Dayton Daily News this year found hospital and university administrators opted not to report the allegations against Aggarwal to police. 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.

Montgomery County Prosecutor Mat Heck said he re-opened the case because additional evidence came out during testimony about the accusation before the state medical board. The board in May revoked Aggarwal’s medical license.

Aggarwal told state medical board investigators that his actions were medically necessary as parts of examinations of the two girls.

MORE: Records reveal hospital debate over sexual misconduct allegations

In announcing the charges, Heck said allegations like those made against Aggarwal should be brought to law enforcement immediately.

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

Since then, Dayton Children’s has said they have strengthened their processes in responding to allegations of this nature and have implemented “one of the most stringent chaperone policies in the country.”

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Mother distraught to learn daughter buried in wrong grave

Published: Wednesday, March 21, 2018 @ 5:57 PM
Updated: Wednesday, March 21, 2018 @ 6:30 PM

PHOTO COURTESY: Connie Rosellen
PHOTO COURTESY: Connie Rosellen

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.

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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.

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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.

>>TRENDING: Prosecutor: Local dad abused ‘fussy’ infant

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.

After this news outlet has reached out to Glen Haven Memorial Gardens, 8200 W. National Road, for comment, they replied: “As part of our commitment to all our client families, we guard their privacy and because of this, we do not discuss specific client matters with the media.”

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Family files wrongful death suit in Moraine police shooting 

Published: Wednesday, March 21, 2018 @ 9:44 AM
Updated: Wednesday, March 21, 2018 @ 11:58 AM

Moraine police shooting: 1 man fatally shot

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.

RELATED: Group rallies for man shot, killed by Moraine police

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.

Morraine Shooting Presser RECAP OF EVENTS

“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.”

RELATED: An in-depth look at Moraine officers in fatal shooting

“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.

RELATED: Young officer won praise before deadly shooting

The defendants “together with their unnamed co-conspirators, reached an understanding, engaged and continue to engage in a course of conduct, and otherwise jointly acted and/or conspired among and between themselves to unreasonably stop, seize, shoot, and kill Jamarco McShann in violation of his constitutional rights, complete false, inaccurate, and misleading reports, and to make false statements to superior officers in order to conceal their wrongdoing,” according to the suit.

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Piqua man guilty in rape case plea agreement

Published: Wednesday, March 21, 2018 @ 3:26 PM

            Dylan Cost, 21, pleads guilty in rape case. CONTRIBUTED.
Dylan Cost, 21, pleads guilty in rape case. CONTRIBUTED.

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.

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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.

Cost remains in the county jail on $250,000 bail.

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Driver on fentanyl gets maximum sentence for fatal Ross Twp. crash

Published: Wednesday, March 21, 2018 @ 11:40 AM
Updated: Wednesday, March 21, 2018 @ 12:08 PM

Larry Gray II (left) pleaded guilty to aggravated vehicular homicide for the death of Laura Cheek. Cheek was killed on Aug. 17 when her black Ford Mustang was hit head-on by Gray’s yellow Mustang on Ross-Millville Road. STAFF FILE
Larry Gray II (left) pleaded guilty to aggravated vehicular homicide for the death of Laura Cheek. Cheek was killed on Aug. 17 when her black Ford Mustang was hit head-on by Gray’s yellow Mustang on Ross-Millville Road. STAFF FILE

A Hamilton man has been given the maximum prison sentence for killing a woman in an August crash in Ross Twp.

Larry Gray II, 24, of Oxford Street, pleaded guilty to aggravated vehicular homicide in February for the death of Laura Cheek.

Butler County Common Pleas Judge Greg Howard on Wednesday sentenced Gray to eight years in prison.

Cheek, 38, of Reily Twp., was killed on Aug. 17 when her black Ford Mustang was hit head-on by Gray’s yellow Mustang on Ross-Millville Road.

Reilly Twp woman killed in crash

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At the time of the crash, Gray was estimated to be traveling 79 mph and was impaired by fentanyl, according to the Butler County Sheriff”s Office investigation, Assistant Butler County Prosecutor Dan Phillips said.

Gray was also given a lifetime license suspension, a $5,000 fine, and will be place on three years of post release control when released from prison.

MORE: Man pleads guilty in fatal crash involving drugs, then fails drug test 

There were reports at the crash scene that Gray was driving erratically before the crash that happened at about 9:30 a.m. Police said he also sideswiped another vehicle before colliding with Cheek. The occupants of that car were not injured.

After Gray’s plea on Feb. 7, Howard gave him a chance to remain free until sentencing, but Gray failed a drug test and was taken into custody and booked into the Butler County Jail.

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