No indictment in Dayton police-involved shooting

Published: Monday, November 17, 2014 @ 12:14 AM
Updated: Wednesday, December 17, 2014 @ 6:24 PM

            Police chief says officer who shot man on Huffman Avenue justified
Police chief says officer who shot man on Huffman Avenue justified

UPDATE @2:45 p.m. (Dec. 17): A Montgomery County grand jury has declined to indict Dayton police Officer Raymond Dine in a deadly officer-involved shooting in November.

UPDATE @ 5 p.m. (Nov. 17): Officer Raymond Dine was justified in shooting John R. Smelko, Dayton Police Chief Richard Biehl said during a news conference. He said Smelko would be alive had he followed the officers’ instruction when they responded to a call at the man’s home.

“Putting that firearm through that opening in the door — he had to lift it up and put it through the top of that door — that’s clearly an intentional act, and it is a clear obvious imminent threat of serious physical harm or death,” the chief said.

UPDATE @ 11:14 a.m.: The names of a Dayton police officer and the man he shot and killed late Sunday night have been released.

Officer Raymond Dine reportedly shot John R. Smelko at a home at 1101 Huffman Ave., officials said.

Smelko had no felony record in Montgomery County Common Pleas Court, but did have misdemeanor assault charges in Dayton Municipal Court in 2005 and 2013, all of which were withdrawn, according to court records.

Smelko’s autopsy is being performed today.


A 40-year-old Dayton man is dead in a police-involved shooting in East Dayton late Sunday.

Two Dayton police officers were responding to a disconnected 911 call at 1101 Huffman Ave. prior to the shooting, according to Dayton Police Chief Richard Biehl.

The officers knocked on the home’s front door, which was opened “a crack,” and the officers saw a hand with a gun pointed at them. One police officer fired one shot, hitting a 40-year-old white, male inside the home, Biehl said.

“Officers repeatedly gave the individual orders to show his hands,” Biehl said. “At some point, the male suspect produced a firearm, pointed at the police officer and the police officer fired a shot, fatally killing the suspect.”

Police expect to release more information later today.

The shooting occurred around 11:50 p.m. Sunday.

Initial reports are that a man was shot in the chest.

Police have not released the name of the shooting victim or the officers involved. The officer who fired the shot has been placed on paid administrative leave pending the outcome of an investigation into the use of force, Biehl said.

The street was blocked by police tape while several crews investigated.

This is the second fatal police-involved shooting in a week in the area.

On Thursday, officers in Montgomery County’s Butler Twp. were involved in a shooting that killed Andrew Brady Davidson, 33, of Arcanum.

Davidson’s car was stopped by Butler Twp. officers in the parking lot of a restaurant on Miller Lane. Davidson threatened to kill officers and got out of his car and moved toward two officers holding a knife, according to a statement by the police department. The two officers, Sgt. Todd Stanley and Officer Amy Carter, fired four shots, killing Davidson.

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Police: 2 suspected metal thieves caught red-handed in Dayton

Published: Thursday, March 22, 2018 @ 11:17 PM

Jacob Schiessler, left, and Scott Schiessler
Jacob Schiessler, left, and Scott Schiessler(MONTGOMERY COUNTY JAIL)

A Tipp City man told police he was nearly run over this evening after he tried to confront two suspected metal thieves.

The 56-year-old man dialed 911 to report a theft in progress around 5 p.m. at the old Hewitt Soap Factory, 300 Linden Ave. He said he was on his way home from work when he saw a red pickup truck on the property. He walked up to the truck to get its license plate number when he spotted a man later identified as Jacob Schiessler come out of a vacant building, and saw another man, later identified as Scott Schiessler, load metal into the bed of the pickup, according to a Dayton police report.

>> Man tells officer: ‘I’ll bite your nose off and spit it in your face’ during arrest

The man said when he confronted the men about the theft, Jacob Schiessler threatened him and he backed away at the urging of the 911 operator.

Then, he said Jacob Schiessler got into the driver’s seat of the pickup, accelerated and tried to run him owner. The victim said he was able to run out of the way to avoid being struck, the report stated.

Police found the pickup at First Street Recycling, 1400 E. First St.

>> Feds: Postal worker on disability got $94K, was in 35 motorcycle races

The victim identified Jacob and Scott Schiessler as the men involved in the incident at the soap factory property, the report stated.

Both men were booked into the Montgomery County Jail on suspicion of felony breaking and entering, and Jacob Schiessler also faces a felonious assault charge. They are due to be arraigned Friday afternoon in Dayton Municipal Court, online jail records show.

Got a tip? Call our 24-hour monitored line, 937-259-2237, or send it to

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‘I’ll bite your nose off and spit it in your face,’ man tells cop during arrest

Published: Thursday, March 22, 2018 @ 10:12 PM

Martin Flemings

A 56-year-old man pinched a Dayton officer and threatened to bite him tonight during his arrest, according to a Dayton police report.

Officers on patrol reported finding Martin Eugene Flemings around 7:20 p.m. inside a garage that was boarded up by the city at 22 W. Hudson Ave.

>> Tipp City student makes threats against 2 adults, school building

According to the report, Flemings, who was possibly intoxicated, became belligerent after he found out his lighter shaped like a handgun would be placed in the property room. He began yelling and told an officer: “I’ll bite your nose off and spit it in your face,” the report stated.

>> Huber Heights man accused in federal hate crime case

Flemings then reached back and pinched the officer in the right thigh, according to the report.

Flemings was booked into the Montgomery County Jail on suspicion of menacing, resisting arrest and illegal entry into a nuisance premises. He also had a warrant for failing to appear on a drug possession charge, records show.

Got a tip? Call our 24-hour monitored line, 937-259-2237, or send it to

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Tipp City: Middle school student made threats against 2 adults, building

Published: Thursday, March 22, 2018 @ 5:08 PM

The Tipp City Exempted Village Schools said Thursday that a middle school student faces misdemeanor charges including aggravated menacing and disorderly conduct after he allegedly made written comments threatening intent to harm two adults within the building and to cause building destruction. 

Tipp City police were notified and are investigating the incident. There were no injuries. 

“The Tipp City Police Department does not deem the student to be an immediate threat to students, staff, or the community,” Superintendent Gretta Kumpf said in a written statement.

Kumpf said the district emphasized the police were confident there is no additional threat of harm from the incident. She said the student will remain out of school during the investigation. 

Police said the threats were found in a classroom, turned over to administrators and a suspect identified. The juvenile admitted to writing the threats, police stated.

Police said charges were filed after contact with Miami County prosecutors. The student is charged with two counts of aggravated menacing and one count of disorderly conduct.

The student, a boy, is with parents but that could change, police said Thursday evening.

Parents were notified of the threats via a phone call, Liz Robbins, district community relations director, said.

Got a tip? Call our 24-hour monitored line, 937-259-2237, or send it to

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John Crawford shooting: Beavercreek wants separate trial from Walmart

Published: Thursday, March 22, 2018 @ 10:57 AM
Updated: Thursday, March 22, 2018 @ 10:57 AM

John Crawford shooting: Beavercreek wants separate trial from Walmart

The wrongful death civil rights lawsuit brought by John Crawford III’s parents against Beavercreek and Walmart has been scheduled for a February 2019 trial date, according to federal court records.

But the case could be split into two trials, if a federal judge grants a motion from the city of Beavercreek to separate the defendants.

RELATED: Deposition: Williams shot Crawford because he ‘was about to’ point a weapon

Dayton’s U.S. District Court Judge Walter Rice scheduled the trial for Feb. 4, 2019 — a day shy of 4½ years after Crawford, 22, of Fairfield, was shot and killed by Beavercreek police officer Sean Williams in Walmart.

Beavercreek police responded after lone 911 caller Ronald Ritchie said he saw a black man carrying a rifle and waving it at people, including children. Police said Crawford, who was on his cell phone, didn’t respond to requests by Williams and Sgt. David Darkow to drop the item — a realistic-looking BB/pellet rifle he picked up from an open box in the store.

RELATED: Beavercreek officer who shot John Crawford III back on ‘full duty’

Crawford’s attorneys said Crawford had less than a second to hear and respond to anything officers said. Williams was cleared by a Greene County special grand jury in September 2014, and a federal investigation ended in 2017 without criminal charges.

Beavercreek attorneys filed a motion to split the case. They argued that the Beavercreek defendants are facing civil rights allegations such as excessive force, the police department’s supervision, training and control of its officers in circumstances requiring the use of force.

RELATED: Feds won’t charge Beavercreek officer in Walmart shooting

The Beavercreek attorneys said the Walmart defendants face state law claims involving issues of negligence and premises liability concerning the packaging, storage, shelving and safeguarding of pellet rifles.

“Due to the vastly different sets of facts supporting the claims against these sets of Defendants,” Beavercreek attorneys wrote, “severance of the claims and separate trials are appropriate.”

Rice has not ruled on the motion.

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