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Published: Wednesday, July 22, 2015 @ 4:03 PM
Updated: Thursday, August 06, 2015 @ 5:52 PM
DAYTON — UPDATE @ 5:30 p.m. (Aug. 6): Kimiko Hardy, accused of involuntary manslaughter and other felonies in the fatal dog mauling of her stepgrandson, is free on her own recognizance, according to online Montgomery County Common Pleas Court records.
FIRST REPORT (July 22)
A dog owner indicted on six felony charges today, one year after the fatal mauling of her 7-month-old stepgrandson, now faces 11 years in prison.
Kimiko Hardy, 37, of Dayton, was aware her American Staffordshire terrier was dangerous when it attacked and killed Jonathan Quarles Jr. on July 20, 2014, while the child from Indianapolis was visiting her home in the 2200 block of Riverside Drive, Montgomery County Prosecutor Mat Heck Jr. announced in a news release.
Hardy’s dog, Bussa, had previously charged a letter carrier in April 2014, which led the worker to miss work for two weeks and the U.S. Postal Service to refuse to deliver mail to the home for six months, according to the prosecutor’s office.
Also, just weeks before the fatal attack, Bussa bit and attacked another dog in June 2014. Following the second incident, Hardy attended required classes at the Montgomery County Animal Resource Center on responsible dog ownership, according to the prosecutor’s office.
“This defendant was well aware that her dog was a dangerous, even vicious animal, yet she failed to properly control the animal and it killed a completely helpless infant,” Heck said in a prepared statement.
Jonathan Jr. was the infant son of Kashyra Hardy and Jonathan Quarles Sr. He was buried July 30, 2014, in Dayton. He died from multiple blunt force injuries, the Montgomery County Coroner’s Office reported last year.
After the boy’s death, Hardy’s dog was seized by ARC and euthanized in September 2014.
Hardy, who now resides in Jefferson Twp., was indicted by a county grand jury on four counts of involuntary manslaughter, one count of endangering children and one count of failure to confine or restrain vicious dog, according to the prosecutor’s office.
In another mauling, a county grand jury declined to indict owners in the death of 57-year-old Klonda Richey, who was attacked on Feb. 7, 2014, outside her Bruce Avenue home by her neighbors’ two mixed-breed mastiffs. Instead, Andrew Nason and Julie Custer were charged with two misdemeanors by the city of Dayton on two counts of failure to control dogs.
The difference between the deaths of Jonathan Jr. and Richey is that there were witnesses and the dog had a history of aggressiveness that was documented, said Greg Flannagan, spokesman for the county prosecutor’s office.
Although Richey had sought help from ARC, police and courts for protection from the dogs and her neighbors, the dogs did not have a designation as nuisance, dangerous or vicious because they had no history of biting someone or killing another dog, the county previously said.
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.