Dog mauling victim feared for her life

Published: Monday, February 10, 2014 @ 1:15 PM
Updated: Monday, February 10, 2014 @ 9:35 PM


            Andrew Nason, 28, and Julie Custer, 25, both of Dayton.
Andrew Nason, 28, and Julie Custer, 25, both of Dayton.

Klonda Richey, killed in a dog mauling Friday morning, regularly filed complaints about her next-door neighbors and their dogs and made numerous statements that she feared for her life.

"If you want to hurt me, shoot or stab me. Leave cats in peace," Richey apparently wrote in an undated letter to her neighbors Julie Custer, 25, and Andrew Nason, 28, 35 E. Bruce Ave. The letter was included in hundreds of pages of court documents, a civil complaint order and other complaints and dispatch logs from the Montgomery County Animal Resource Center and Montgomery County Regional Dispatch Center.

The paper trail obtained by News Center 7 and the Dayton Daily News documents a consistent effort by Richey, 57, to call attention to what she considered threats to her safety. The dogs were never removed from the home as a result of her many complaints.

She was naked when her body was found in the snow Feb. 7 outside her home, 31 E. Bruce Ave., by a passer-by. When police arrived, two mixed-Mastiff breeds charged at them, prompting the officers to shoot and kill them.

Custer and Nason, owners of the dogs responsible for the mauling, were arrested Friday. They were released from jail Sunday evening.

"Due to the complex nature of the laws concerning animals, we just felt that at this point it would be better off to get our ducks in a row before we proceeded any further," Dayton Sgt. Richard Blommel said, explaining why Custer and Nason were released. "We're still investigating and we'll meet again with the prosecutors when they feel that we have enough to move forward for an indictment."

Meantime, detectives are trying to determine what led the dogs — identified by the county coroner's office as Cane Corsos, a breed in the Mastiff family — to fatally maul Richey.

News Center 7 and the Dayton Daily News have learned that Richey filed complaints with the Montgomery County Animal Resource Center and sought a civil stalking protection order denied by a magistrate in February 2013. Richey appealed, but was denied by Judge Michael Krumholtz in April 2013.

Custer and Nason, in the protection order, stated that Richey had been harassing them.

"At one point she also stated to Andrew Nason 'the world would be better off [if] you died,' Custer wrote in a letter to the court as part of the protection order documents.

Richey, who worked for Montgomery County's Job & Family Services, regularly called the regional dispatch center in the past two years with concerns about Custer and Nason and numerous complaints about the dogs running loose in the neighborhood. Many of the complaints, dating as far back as 2012, were called in by an anonymous female who said the dogs were loose and charged at her. Other complaints involved the dogs barking or not having adequate food.

In one report from March 16, 2013, a woman called the ARC to report that the mailman would not longer deliver mail to the street until a loose dog was taken care of.

"The dog has come after (the complainant) before and she states that now (the owner) will let his dog loose to go after her and her cats," the report states. The ARC employee who handled that report noted that ARC officials left a warning on the door of 35 E. Bruce after knocking and receiving no answer. They could hear a dog barking inside.

Friends of Richey described her as an animal lover and dedicated volunteer in Montgomery County's Republican Party.

Monday night, Ted Richey, of Indianapolis, said he tried for years to persuade his sister to move out of the neighborhood. He said his sister kept a large number of cats in her home, which brought her attention.

"She had a cat door, if they were outdoor cats they could come and go… Some neighbors, especially when houses are close together like that, don't appreciate that," Ted Richey said. "She had some run-ins with neighbors, but I certainly didn't expect anything like this to come of it.

"She considered it as much of the cat's house as it was hers. That was their home and there wasn't any reason she should leave just because some of the neighbors didn't like her cats. She could be stubborn in those kind of things," he said.

The autopsy on Klonda Richey was performed Saturday by the coroner's office, which said Monday that she died of blood loss.

"The injuries were severe and multiple," Coroner Kent Harshbarger said. "This is one of the worst that we've ever seen."

The crime lab is working to match dental impressions left on the body with the teeth of the two dogs. Their carcasses have been preserved as evidence.

"We want to be able to say without a doubt, these two animals were involved, and that both animals were involved and not just one," Harshbarger said.

The licensed dogs belonged to Custer, who lived at the single-family home at 35 E. Bruce Ave. with Nason, according to police.

Said Blommel of Nason: "He is just as responsible for them as she is."

Owners have the responsibility to make sure their dogs are confined and that they abide by licensing and restraining laws, said Blommel, who noted the fencing at 35 E. Bruce was not secure.

Tom Hagel, a professor with the University of Dayton School of Law, said fatal dog bite cases are rare and the prosecution is likely taking extra time to make sure they have the correct charges before proceeding. "The problem is, in cases that are based on reckless behavior, you as a prosecutor have to be able to prove that the defendants knew or had very good reason to know, in this case, that their dogs were a threat to the community and didn't take appropriate actions," he said.

Blommel said the nature of a call about an animal will determine who responds to the complaint.

"If it's an aggressive dog that's chasing people, the police will be sent," Blommel said. "But if it's just dogs barking, dogs running up and down the street, it can go either way. Some people call the Animal Resource Center, some call dispatch. Some they send to them (the center) and some they send to us (police)."

Florida man arrested after bombs, ammo, school maps found in home

Published: Friday, October 20, 2017 @ 9:55 PM

Bombs, Ammo, School Maps Found In Florida Home, Man Arrested

A Florida man was arrested after homemade bombs, an AK-47 assault rifle, ammunition and school maps were discovered inside his bedroom. 

Pinellas County Sheriff Bob Gualtieri said in a news conference Thursday that deputies were set to search the home Randall Drake, 24, of Dunedin, Florida, shared with his parents for a child pornography investigation.

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During a search of Drake’s bedroom on Wednesday, authorities said detectives found explosives and numerous firearms in a locked closet, The Associated Press reported.

The weapons included the following:

  • An AK-47 rifle with a 60-round clip
  • A .308-caliber rifle
  • A .50-caliber pistol
  • A 12-gauge shotgun
  • Numerous other handguns
  • About 15 knives
  • A baseball bat with protruding nails in it 
  • A crossbow
  • Brass knuckles
  • A container of gunpowder
  • More than 2,300 rounds of ammunition
  • Three incendiary devices
  • A homemade silencer
  • Tactical vests

Detectives also said they found a map and aerial images of an elementary and middle school in Tampa, Florida, as well as the Hillsborough County Water Treatment Plant. According to deputies, journals and a handwritten letter that talked about revenge were also discovered.

In this undated photo released by the Pinellas County Sheriff's Office, a weapons cache is shown in the home of Randall Drake.(Pinellas County Sheriff's Office via AP/AP)

Gualtieri said his office is trying to figure out why Drake had the incendiary devices and what he was going to do with them.

Drake has since posted $20,000 bond. He faces two charges of unlawfully making, possessing or attempting to make a destructive device.

Police: Man steals ambulance with medic, patient inside

Published: Saturday, October 21, 2017 @ 3:10 AM

Jeffrey Lamar Brown
MONTGOMERY COUNTY JAIL
Jeffrey Lamar Brown(MONTGOMERY COUNTY JAIL)

A 44-year-old Dayton man is accused of stealing an ambulance with a medic and patient in back.

Within an hour of driving off Friday evening with the Dayton Fire Department life squad, the suspect — identified by police as Jeffrey Lamar Brown — was behind bars.

>>Dayton police use GPS to find man’s body in creek

The ambulance was taken around 6:30 p.m. after medics responded to a call in the 400 block of Salem Avenue. The keys were in the ignition when the suspect took off, according to a Dayton police report.

Dayton police finally were able to stop the ambulance in the 2100 block of West Riverview Avenue, about a mile and a half from where it was stolen.

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Brown was arrested at 7 p.m. and was booked into the Montgomery County Jail on suspicion of robbery and two counts of kidnapping, all felonies. He is scheduled to be arraigned Monday, online jail records show.

FBI raids property; owner has sued local, federal government

Published: Friday, October 20, 2017 @ 5:25 PM

Police have the 2300 block of Schelly Road closed.

The Spring Valley man whose home was raided by law enforcement for the second time in two years is a former Wright-Patterson Air Force Base employee who twice sued the federal government and has a pending appeal against Greene County for malicious prosecution, according to court documents.

The 2302 Schnebly Road home of Joel Montgomery, 48, was raided Thursday morning by FBI, ATF and other law enforcement agencies acting on a federal search warrant, according to FBI spokesman Todd Lindgren. Montgomery was arrested and is in Montgomery County Jail awaiting a court hearing.

Lindgren didn’t confirm or deny if the raid was in connection to a 2015 raid of the property by Greene County Sheriff’s deputies. Lindgren said all court documents related to Thursday’s raid were under seal in federal court.

RELATED: Property owner arrested, FBI searching his property

The 2015 raid netted 175 weapons but Greene County prosecutors dismissed the second-degree misdemeanor case against Montgomery onSept. 30, 2015, according to common pleas and municipal court records obtained by this news organization.

In September 2016, Montgomery sued Greene County’s sheriff, county commissioners and the prosecutor’s office, alleging malicious prosecution tied to the 2015 raid. Montgomery’s attorney in that case didn’t return a message seeking comment. A message left seeking comment was not immediately returned by the Greene County Prosecutor’s Office.

Xenia Municipal Court records indicate a neighbor said he thought Montgomery fired shots that went above a makeshift shooting backstop on his property and struck the neighbor’s detached garage, bike trailer and pickup in June 2015.

RELATED: Dozens of firearms seized in Greene County

“How’s this gonna end boys?” one deputy said Montgomery remarked when they investigated the claim, according to a statement of facts filed in court.

One deputy “observed what he described to be approx. one thousand spent casings of what appeared to him to be .223 caliber ammunition at the front door of suspect Montgomery’s residence,” according to the statement of facts.

The deputies also heard what sounded like automatic gunfire after they left Montgomery’s home but didn’t leave the area that same day, according to the statement of facts.

Montgomery’s lawsuit against Greene County noted a June 24, 2015 search warrant, but Xenia Municipal Court officials had no access Friday to such a document, so any search warrant could be under seal.

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Montgomery alleged in the Greene County lawsuit that his ex-wife received calls from the sheriff’s office that their children were in danger and that deputies were looking for derogatory information to provide to Children Services.

The lawsuit said Greene County law enforcement seized all computer equipment, all weapons, all antique guns, parts, cash, gold and other valuables. The suit asked for more than $325,000 in damages.

Montgomery’s lawsuit ultimately was dismissed by visiting Judge James Brogan. In July 2017, Montgomery appealed the decision to the Second District Court of Appeals, where it is ongoing.

MORE: Read other stories from Mark Gokavi

Montgomery sued the Federal Bureau of Investigation, the United States Air Force, the Air Force’s office of special investigation and some individuals alleging unlawful electronic surveillance of him, according to a complaint filed in 2013 in Dayton’s U.S. District Court.

In that lawsuit, Montgomery said he found a GPS device underneath his vehicle, a camera in the WPAFB office in which he worked and a bug in his home, all from 2006 to 2007. At the time, Montgomery said he had certain security clearance and worked for the National Air and Space Intelligence Center (NASIC) and at the Air Force Research Laboratory (AFRL), according to the complaint.

Montgomery’s suit said that from 2002 to 2004 he was a program manager in charge of the Electro-Optical Materials Intelligence Group of GDAIS, a Dept. of Defense contractor.

The complaint said that because of derogatory information, Montgomery was placed on leave without pay and later terminated. Messages seeking comment from GDAIS and Montgomery’s federal lawsuit attorney were not immediately returned.

Both federal suits ended with a stipulation of dismissal filed in August 2014.

Death row case: Local man’s appeal to be heard by Ohio Supreme Court

Published: Friday, October 20, 2017 @ 10:52 AM
Updated: Friday, October 20, 2017 @ 2:33 PM


            Austin G. Myers, 22, of Clayton, was sentenced to death in on Oct. 17, 2014, in Warren County Common Pleas Court for the murder of Justin Back, 18, at hishome outside Waynesville on Jan. 28, 2014.
Austin G. Myers, 22, of Clayton, was sentenced to death in on Oct. 17, 2014, in Warren County Common Pleas Court for the murder of Justin Back, 18, at hishome outside Waynesville on Jan. 28, 2014.

The Ohio Supreme Court has scheduled a hearing for Dec. 5 in the appeal of the death sentence case of a former Northmont High student.

Austin G. Myers, 22, of Clayton, was sentenced to death in on Oct. 17, 2014, in Warren County Common Pleas Court for the murder of Justin Back, 18, at his home outside Waynesville on Jan. 28, 2014.

The co-defendant who admitted stabbing Back to death, Timothy Mosely, 22, of Clayton was sentenced to life in prison without parole in Warren County Common Pleas Court, in exchange for his testimony against Myers.

RELATED: Co-defendant pleads guilty in teen’s murder

At 19, Myers was the youngest person on Ohio’s Death Row.

Now, 22, he is the second youngest to Damantie Graham, 20, sentenced to die in Portage County, according to the Ohio Department of Rehabilition and Correction.

Prosecutors showed Myers planned and assisted in the robbery and stabbing that resulted in Back’s murder, including his purchase of materials used in cleaning up after the slaying and disposing of Back’s body, including septic chemicals.

RELATED: 19-year-old found guilty of capital murder

The appeal was filed on Oct. 27, 2014.