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James Uphoff sentenced in child porn case

Published: Wednesday, September 10, 2014 @ 12:02 PM
Updated: Wednesday, September 10, 2014 @ 12:19 PM

Retired Wright State University professor James K.Uphoff was sentenced Wednesday to 15 months in federal prison a year after pleading guilty to possession of child porn.

Uphoff, 77, also the former Oakwood Board of Education president, had entered a guilty plea in October 2013 and reached a deal for a binding sentence from six months to two years.

U.S. District Court Judge Walter H. Rice accepted the plea deal and also ruled that Uphoff must pay $5,100 in fines and be on supervision for 10 years. Uphoff also must forfeit computer equipment, continues ex-offender treatment and register as a sex offender.

Uphoff has spent seven days in custody. The non-binding federal sentencing range for such an offender is from 63 to 78 months. Uphoff must voluntarily surrender to U.S. Marshals within 30 days.

Rice disagreed with a letter he received that Uphoff was"rotten to the core" while adding Uphoff is an"intelligent" and "educated" man who has shown "a lack of judgment."

Uphoff told Rice: "I apologize for my past failures" and that he is searching for "ways I can atone for them."

Defense attorney John Rion spoke about Uphoff's long educational and community background, and said his client feels"humiliated" and "shamed" and that he is amenable to more counseling and treatment.

Assistant U.S. attorney Christy Muncy said Uphoff violated his pre-sentencing supervision more than once and has been viewing materials related to children being used as sex objects for nearly a decade. Muncy asked the court for a sentence of 18 months.

In September 2012, investigators found 550 pornographic images and two videos on three of Uphoff's computer devices.

Investigators also found at Uphoff's residence hundreds of printouts depicting images of naked teenage boys and young adults either in bondage or pornographic poses.

Investigators also found at Uphoff's residence hundreds of erotic stories of adults engaging in sexual acts with some children and engaging in sexual acts with other children.

Warren County trial opens in shooting that locked down area

Published: Monday, March 27, 2017 @ 10:03 AM


            Warren County trial opens in shooting that locked down area

Prospective jurors are being seated this morning in the trial of Mohammed Laghaoui, the man charged in an active shooter incident last June in Warren County.

RELATED: Accused Warren County deputy shooter faces trial

Laghaoui, now 20, is accused of wounding his father and a sheriff’s deputy and shooting at another resident of the apartment complex and into a neighbor’s apartment before fleeing the scene.

Once the jury is selected, they are to be taken to the scene of the shooting at the Orchards of Landen.

RELATED: Defense suggests use of synthetic drugs triggered shooting

The trial is expected to run all week in Judge Timothy Tepe’s court.

Middletown police chief wants to charge addicts who OD in public

Published: Monday, March 27, 2017 @ 6:00 AM

Residents in one Butler County city who overdose on opioids in public should be arrested immediately, according to its police chief.

Middletown Police Chief Rodney Muterspaw said the number of overdoses in the city delays police response times and sometimes induces panic, especially with more drug overdoses happening in fast-food restaurant bathrooms and retail parking lots.

“It’s like they’re getting a free pass,” he told the Journal-News. “The squad arrives on the scene, takes them to the emergency room, they live and they come out and do it again.”

Heroin ‘eating’ Middletown’s public safety services

Earlier this month after a woman was found passed out in the bathroom of a fast-food restaurant, two men were arrested for drug possession just hours later at the same restaurant.

“When someone overdoses in a store parking lot or a restaurant bathroom, it causes alarm to everyone there,” Muterspaw said. “There is no accountability. Jailing drug addicts isn’t the answer. Time to hold people more accountable. We have to force them into treatment.”

He would like to charge those people with inducing panic, then withdraw the charge if they’re treated for the drug addiction.

Butler County Sheriff Richard Jones agrees with Muterspaw that jail is not the answer for addicts.

“These people are not afraid of death,” Jones said. “The fear of jail will mean nothing to them.”

MORE: Drug overdoses remain leading cause of death in Butler County

While the heroin epidemic is a drain on law enforcement and emergency services, charging those who do not get treatment with a misdemeanor is just going to fill up the county jail with more drug addicts, Jones said.

“I don’t have space for all the violent criminals. I don’t need to fill the jail up with heroin users and people who smoke pot,” he said. “It won’t work. People get out of my jail and shoot up in the parking lot. Getting arrested just isn’t something they care about. I call it ‘happy talk.’ It may make people feel better, but it just doesn’t work.”

The sheriff said he believes catching potential users early and teaching them not to use is a better option.

“But there is no cure right now,” Jones said, adding that with enough people dying, the popularity of the drug and it’s abuse will hopefully wane.

Middletown City Manager Doug Adkins estimated as much as 90 percent of public safety services are connected to fighting heroin and that commitment takes away from police officers and firefighters completing other responsibilities.

“It’s eating our public safety services alive,” he said last week during the city’s ninth Heroin Summit.

MORE: ‘We have a rampant killer in our community,’ coroner says

Elsewhere in Southwest Ohio, residents who overdose on opioids may face drug possession charges if they don’t seek treatment, according to a new policy from the Clark County Prosecutor’s Office.

Prosecutor Andy Wilson and local law enforcement officials met last week to discuss how to combat the opioid epidemic, which has caused city and county EMS crews to respond to more than 325 overdoses this year as of March 6.

“It takes a toll on the system,” he said. “… We’ve got to do something to force these folks into treatment.”

The new policy will educate people who overdose on their requirements for immunity as part of the recently passed Good Samaritan Law.

Gov. John Kasich signed the 9-1-1 Good Samaritan law in September, which provides immunity to people seeking medical assistance for a drug overdose, allowing them to report or seek help without charges.

People who experienced a drug overdose or called for help for another person qualify for immunity under the law — if they seek a screening and received a referral for addiction treatment from a local provider.

Currently people who overdose can walk out of the emergency room with no future requirements for treatment, Wilson said.

“It’s just not working, ” he said. “You have people who are signing out against medical advice from the ER and they’re back within a day, two days or three days and they’re overdosing again … We can’t keep doing the same thing with no results.”

Muterspaw agreed a new option is needed and has started to meet with leaders in neighboring communities to discuss how they’re handling drug overdoses and how to reduce the number of repeat offenders.

“It’s like, ‘Groundhog Day’ around here,”Muterspaw said about the opioid epidemic, which has resulted in 185 arrests so far this year and 800 arrests last year in Middletown.

“We just keep doing the same thing over and over. There is a lot of frustration there,” he said.

Police: Gunman shoots 6, including 2 children, in Florida

Published: Monday, March 27, 2017 @ 9:13 AM

Police: Gunman shoots 6, including 2 children, in Florida

Six people were shot early Monday in a Florida neighborhood, the Sanford Police Department said.

The shooting was reported shortly before 6:30 a.m. at a home on Hays Drive in Sanford, police said.

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Investigators said a gunman went to the home of someone he knows and shot two adults, an 8-year-old boy and a 7-year-old boy.

Posted by Jeff Levkulich WFTV on Monday, March 27, 2017

One adult died. The other adult and the two children were taken to a hospital in critical condition, investigators said.

Detectives said the gunman then fled the home and randomly shot two bystanders in the roadway, critically wounding them both.

An officer who was in the area was able to subdue the gunman, who was arrested, police said.

Authorities did not immediately identify the victims or the suspected gunman.

Investigators said the initial shooting appeared to be domestic in nature.

No other details were given.

Teen who threw newborn baby out window won't serve any jail time

Published: Monday, March 27, 2017 @ 6:20 AM

Teen who threw newborn baby out window won't serve any jail time

Antonia Lopez, a Nebraska teen who admitted to throwing her newborn baby out the window, won't be serving any jail timethe Omaha World-Herald reports.

On Friday, Douglas County Juvenile Court Judge Christopher Kelly ordered Lopez to be placed on probation, live in a group home, take part in individual and family therapy, delete her Facebook account and perform 50 hours of community service, according to the World-Herald.

In September, Lopez, 16, reportedly gave birth to a baby girl in her apartment, then threw the baby out the window. She then texted her boyfriend, “It was a girl by the way,” and admitted her crime to her mother, the World-Herald reported. She told police that she was unaware that she was pregnant and thought she was just having her period.

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An autopsy revealed that the infant, who later died, was still breathing at the time the blunt-force injuries were sustained. It also showed that Lopez had been pregnant for 25 to 28 weeks. 

“She’s coping the best she can,” Lopez’s defense attorney Rebecca McClung said, adding that her client thought the child was a stillborn. “The mother is coping the best she can. The grandmother is coping the best she can.”

Lopez was initially charged as an adult with felony child abuse resulting in death, which could have meant 20 years in prison. However, in February, her case was transferred to juvenile court after her mental state and lack of criminal record were considered, the World-Herald reported.

She reportedly was ordered to live in a group home because judges were concerned that she didn’t understand the severity of her actions. The Facebook deletion order stemmed from her receiving numerous negative comments on her page following her arrest, the World-Herald reported.