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Published: Wednesday, February 07, 2018 @ 9:54 AM
BUTLER COUNTY — After two hours of testimony by police Tuesday, a hearing in Butler County Common Pleas Court on a motion to suppress evidence against a man charged in a fatal Middletown shooting was continued.
Malcolm Franklin, 28, formerly of Louisiana, is charged with aggravated murder as well as three counts of felonious assault for gun violence on May 30 at D&J’s Nite Spot.
Franklin allegedly shot Julian Marquis Johnson, 23, outside the Elliott Drive bar during the early-morning hours. Three others were injured by gunfire, according to police.
Middletown police Detective Jon Rawlins testified during a preliminary hearing in Middletown Municipal Court last spring that Franklin confessed to killing Johnson.
Defense attorneys Frank Schiavone III and Frank Schiavone IV want evidence excluded at trial, arguing that statements Franklin made to police were without an attorney present and the stop of their client after the shooting was improper because there was no probable cause.
A gun believed to be involved in the shooting was later recovered by police in a flower bed where officers say Franklin fell while running from them.
The defense team told Judge Charles Pater that witnesses, including police officers, gave conflicting statements about the incident and the recovery of the gun.
Detective Kristy Hughes was first to testify during Tuesday’s hearing, saying that she learned detectives wanted to talk with Franklin about the fatal shooting when she came into work about 9 a.m. May 30. She printed off a picture of Franklin from an arrest a few months prior, got in her detective vehicle and began looking for him.
Hughes said she saw Franklin and a woman he was dating riding bicycles on Central Avenue not long after the search began, and when she turned to follow the duo, they began peddling faster. At one point, the couple separated, and she followed Franklin in the Sunset Park area while calling for marked police units.
The detective said she saw Franklin reaching in his waistband and, “I believed he was reaching for a gun.”
When marked police units arrived, Franklin got off his bike and ran, Hughes said. She said she saw him slip and fall in a flower garden of a residence. Hughes testified she recalled the gun being at that location.
Schiavone IV pointed out during cross examination that evidence indicated the gun was not found in the yard until about 4 p.m. that day when the homeowner called police.
Rawlins testified that officers did search the flower bed for the gun after Franklin agreed to take them to the location where the gun was tossed, but it was not recovered until the homeowner called.
Rawlins said he questioned Franklin several times, and before each session, Franklin was read his Miranda rights. The sessions were audio recorded, but in one case the equipment malfunctioned for a period of time.
When Franklin asked to speak with his attorney, Rawlins said he told him he was going to be booked into the jail for murder and felonious assault and the questioning ended.
Franklin then wanted to know why they could not continue to talk, and Rawlins asked him if he wanted to continue to talk with detectives.
“He said, ‘I’m talking,’” Rawlins said.
In the days after his arrest, Rawlins said Franklin sent communication from the Middletown City Jail saying he wanted to talk with him.
The hearing was continued until Feb. 27, when Rawlins will be cross examined by the defense team and Detective Steve Winters is expected to testify. Pater will then rule on the motion.
Published: Sunday, February 18, 2018 @ 3:39 PM
BUTLER COUNTY — Butler County Sheriff Richard Jones today said he will take steps to bolster local school safety by training those who work there.
Jones posted to social media that his office will offer free conceal-and-carry class to a limited number of teachers in Butler County. He also said training regarding on how to react during school shootings would be provided.
He said the details would be coming soon online and suggested that people could visit the Butler County Sheriff’s Office Facebook page for more information for CCW for teachers.
Jones on Saturday said he has “been saying this for years” as he tweeted a Fox News story that Polk County, Fla. Sheriff Grady Judd said it would be a “game changer” to allow some hand-picked teachers to carry firearms in the classroom.
Been saying this for years https://t.co/1oVN2AbEfd— Richard K. Jones (@butlersheriff) February 17, 2018
Jones, in a video posted Thursday, urged local schools to act now to improve school security in the wake of the mass shooting at a Parkland, Fla. high school on Wednesday.
He said local schools should stop doing fire drills and allow armed former police and military veterans into buildings to help protect students.
Published: Sunday, February 18, 2018 @ 1:04 PM
DAYTON — Update@1:25 p.m.:
Police officers were initially sent to scene Saturday night for on domestic violence-related incident call, and the suspect wasn't home. But once he returned home Sunday afternoon, neighbors called police, and officers returned to the scene, said Sgt. Kyle B. Thomas of the Dayton Police Department.
When officers arrived, the unidentified suspect refused to come out and was concerned about the safety of his dog. So officers asked him to secure the dog in the house so it wouldn’t get injured, Thomas said.
The dog’s breed and name were not released.
Officers then continued negotiating with the suspect and he subsequently came out of the house, and was taken in to custody.
SWAT was not called to the scene. But the K9 unit as well as the Montgomery County Animal Resource Center were there make sure the dog’s well taken care of while the investigation takes place, Thomas said.
There were not injuries to the dog, suspect or officers, Thomas, said, thanking the community for getting involved.
“The community stepped up,” he said. “They were aware that we were looking for this guy and they made some calls and let us know where we could find him. Without their help we wouldn’t have him in custody right now.”
It is unclear if the suspect has been charged. We will bring you the information as soon as charges as well as the
We are hearing reports of a possible police standoff at an apartment complex located at Superba Court and North Irwin Street in Dayton.
Multiple callers to our newsroom said there are several officers in the area, and they are using a loudspeaker to get someone to come out of a building. Although a police dispatch sergeant acknowledged that officers were called to the area, he couldn’t confirm that there is a standoff.
Published: Saturday, February 17, 2018 @ 2:36 PM
PARKER COUNTY, Texas — A woman in Texas has been arrested after she was caught on camera tossing her small dog named Pumpkin out of a moving vehicle.
The Chihuahua-mixed breed survived the incident and was found Thursday roaming a family's rural property in Weatherford, WFAA reported. Surveillance cameras on the property provided clear identification of the vehicle. The dog's microchip further confirmed the owner's identity.
When questioned by Sgt. Ricky Montgomery, Janet Byas, 43, initially denied tossing the dog out of the vehicle. When the evidence of her involvement was presented to her, Montgomery said she admitted that she threw the dog out of the car because she was frustrated with it. She said Pumpkin would not stay on her property and she "couldn't handle it anymore," WFAA reported.
When WFAA asked for Montgomery's reaction to Byas' reasoning for throwing the dog out of the car, Montgomery said, "Grow up."
Byas was arrested and charged with misdemeanor animal cruelty.
Published: Thursday, February 08, 2018 @ 11:53 AM
Updated: Saturday, February 17, 2018 @ 5:51 PM
— UPDATE @5:49 p.m. (Feb. 17)
A mugshot has been released of a second man charged with making threats on social media toward juvenile court judge Anthony Capizzi.
Marquan Cooper, 22, is wanted on a charge of intimidation.
UPDATE @ 5:02 p.m. (Feb 16)
A second person has now been charged with making threats on social media toward juvenile court judge Anthony Capizzi.
Marquan Cooper, 22, of Dayton was charged with one count of intimidation.
Cooper was said to have made threats toward Capizzi and his family on social media using the alias “Quannie Coop”, according to the prosecutor’s office.
UPDATE @ 3:35 p.m. (Feb. 16)
Devin Wilson was indicted in Montgomery County for intimidation. He will be arraigned Feb. 22.
UPDATE @ 1:30 p.m. (Feb. 9)
Devin Wilson, 24, of Dayton has been formally charged in a threat made against a juvenile court judge, said Montgomery County Prosecuting Attorney Mat Heck, Jr. in a release.
The alleged threat against Juvenile Court Judge Anthony Capizzi was made on Feb. 2 on social media under the alias of "Ball Meezy," the release said.
Wilson is charged with one count intimidation, a third‐degree felony. His case will now be presented to a grand jury.
Wilson is currently on probation for a drug trafficking offense.
Heck’s release said his office will be seeking that Wilson be taken off probation and sentenced to 18 months in prison.
"The defendant, on probation for less than one month, threatened a judge about a case, which is an assault on the entire criminal justice system. We have to take these matters very seriously, whether someone is threatening a judge, a prosecutor, a police
officer, or any other court officer,” Heck said in a release.
A 24-year-old Dayton man was arrested Wednesday in connection with social media threats against a juvenile court judge, according to Dayton police.
Devin Wilson was booked into the Montgomery County Jail on a possible third-degree felony charge of intimidation or bribery of a public servant.
Social media posts advocating violence against Montgomery County Juvenile Court Judge Anthony Capizzi were reported to several law enforcement agencies, according to an email obtained by this news organization.
Capizzi is handling the juvenile court portion of the Huber Heights AT&T armed robbery case involving six juveniles and one adult.
A Dayton police report shows Wilson was arrested at 8:40 p.m. Wednesday at his residence on Edison Street.
“If I ever see him I’m beating the (expletive) outta him he better pray I don’t catch him downtown coming out of that building,” said one post that included a photo of Capizzi.
Another post discovered by this news organization said, in part: “Somebody need to split Judge Capizzi wig when he get off work.”
Capizzi declined to comment.
Wilson was on probation after pleading guilty in January to aggravated trafficking of drugs. Wilson received five years’ community control as part of a plea in which a charge of trafficking of cocaine was dropped.
If found guilty of violating his probation, Wilson could face 18 months in prison plus whatever sanction is imposed if he is found guilty of a crime, according to a judge’s ruling in Montgomery County Common Pleas Court.
In another case that was considered in Wilson’s probation, he was found guilty of possession of less than five grams of cocaine and aggravated possession of drugs.