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Published: Friday, October 20, 2017 @ 5:25 PM
— 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.
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.
“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.
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.
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.
Published: Monday, February 19, 2018 @ 10:08 AM
Updated: Monday, February 19, 2018 @ 11:23 AM
A man accused of sexual misconduct with an underage girl at the Humane Society Serving Clark County was sentenced to four years in prison.
Demetrice Green, 36, was sentenced by Clark County Common Pleas Court Judge Richard O’Neill on Feb. 12. Green entered an Alford plea to a charge of unlawful sexual conduct with a minor. An Alford plea means he didn’t admit to the crime but accepts its punishment.
Green will have to register as a tier two sex offender once he is released from prison, according to the judgment entry filed in the case.
Green was originally charged with three counts of rape, four counts of unlawful sexual conduct and one count of gross sexual imposition. The plea document says that the prosecutor’s office dismissed the remaining counts because Green pleaded.
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A Clark County Sheriff’s Office affidavit says Green, an employee at the animal shelter, and the victim carried on the relationship for about three years.
“A forensic interview of the victim was conducted at our Child Advocacy Center,” Detective Debra Strileckyj wrote. “Juvenile victim disclosed numerous sex acts had occurred with … Green at a location in Clark County where the defendant was an employee.”
The affidavit says the encounters happened between January 2013 and the summer of 2016.
Green entered his plea to the court on Oct. 4, according to court records.
O’Neill took many factors into consideration when deciding the sentence, including oral statements, the seriousness and recidivism factors, he wrote in a judgment entry of conviction.
“The court is guided by the overriding purposes of felony sentencing, including protection of the public from future crime by the offender and punishment of the offender,” O’Neill says in the entry.
A prison sentence is justice, O’Neill said.
“The court further finds that a combination of community control sanctions would demean the seriousness of the defendant’s conduct and its impact on the victim,” the entry says.
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Published: Monday, February 19, 2018 @ 11:06 AM
SAN ANTONIO — Police are investigating after a 6-year-old boy and three of his family members were shot Sunday evening in the parking lot of a Texas Roadhouse steakhouse in San Antonio.
Police Chief William McManus said Sunday that the shooting, which happened as people were waiting outside the restaurant to eat, left the 6-year-old with a gunshot wound to his leg. Police said two of the boy’s three injured family members, all adults in their 20s, were hospitalized Sunday in critical but stable condition.
The shooting happened around 8:40 p.m. outside the Texas Roadhouse steakhouse on Cinema Ridge, the San Antonio Express-News reported.
“We do not believe that this shooting is random,” McManus said. “There were a number of people that were standing (outside the restaurant). All the people that were hit were from the same family.”
The gunman, who has not been identified, fired about 10 shots at the family within 15 feet of the front of Texas Roadhouse, the Express-News reported. He was masked at the time of the shooting, according to the newspaper.
Published: Monday, February 19, 2018 @ 2:29 PM
MIDDLETOWN — The Middletown music community is mourning the loss of one of its members.
John Fugate, 46, a musician who booked bands at the Old Crow Bar on Jackson Lane, died Saturday morning after an incident in the bar, according to Middletown police and friends.
Fugate allegedly was punched while he was standing on stage around 1 a.m. Saturday, said Maj. Scott Reeve from the Middletown Division of Police. Fugate fell backward off the stage and hit his head on the concrete floor, Reeve said. He was transported to Miami Valley Hospital in Dayton, where he died, police said.
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Reeve said police know who allegedly punched Fugate, but no charges have been filed. After the investigation is complete, the facts will be presented to the Butler County Grand Jury for consideration, Reeve said.
The bar posted on its Facebook page Saturday that the death of Fugate is a “devastating loss.”
Fugate had worked as a route driver for 13 years at Bonbright Distributors, said Bill Manley, vice president of operations. He said Fugate was a reliable employee. His delivery route included Hamilton and Middletown, Manley said.
He called Fugate’s death “unbelievable” and “tragic.”.
“I can’t get over it,” said Manley, his voice cracking.
Fugate had volunteered at the Old Crow since its former stage manager, John Howard, died from lung cancer last year, friends said.
Another friend, Chris Lester, owner of Lester’s Rock ‘n’ Roll Shop on Central Avenue, said he had known Fugate for about 30 years. Fugate was a frequent customer, Lester said.
Published: Monday, February 19, 2018 @ 11:34 AM
SPRINGBORO — The teen son of Springboro teacher Amy Panzeca has appealed his juvenile court conviction in their drug case to the Twelfth District Court.
In December, her son, now 16, was sentenced to 30 more days in the local detention center as part of his sentence in Warren County Juvenile Court. He had pleaded no contest to charges of trafficking in drugs and possession of controlled substances.
He was also ordered to complete an in-patient treatment program, placed on probation, possibly until he turns 21, and fined $250.
He was accused of selling drugs to students at Springboro High School, including LSD allegedly purchased with Bitcoin, an on-line currency that his mother purchased for him with a credit or debit card.
Before the no-contest plea, his lawyer Kevin Hughes urged Judge Joe Kirby to suppress statements made to police and agents of the Warren County Drug Task Force and a search warrant supporting a raid of the Panzeca home in Settler’s Walk planned community.
Copies of both motions are included with the appeal filed with the court.
The charge came after a raid last May of the Panzeca home in the Settler’s Walk planned community in Springboro, culminating an investigation in which kids were questioned after being stopped by police after leaving the home.
Amy Panzeca, 48, is pressing for the identity of confidential informants in her case and suppression of statements to police. A suppression hearing is scheduled for Feb. 28 in court in Lebanon.