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Published: Wednesday, February 28, 2018 @ 2:49 PM
TROY — A Troy woman sentenced last week to community control for stealing medications from a dying relative had the probation revoked and was sent to prison Tuesday after she refused to participate in the MonDay treatment program.
Melissa Clark, 53, told Miami County Judge Jeannine Pratt she didn’t think she would benefit from the inpatient treatment program in Montgomery County, and didn’t want to take a space needed by someone else.
Pratt talked with Clark in Common Pleas Court about two letters Clark sent during the past week regarding the order to participate in the program as part of a five-year community control sentence.
“The court wanted to help you,” the judge said before ordering Clark to serve six months in the Ohio Reformatory for Women.
“I just want to get this over with so I can get on with my life,” Clark said. She said she saw MonDay as a program for someone addicted to drugs such as heroin, adding, “I don’t think it is right for me.”
Clark was charged with the Nov. 11 possession of three stolen medications, including morphine pills. She was on probation at the time of the offense after pleading to another charge involving theft of liquid morphine from the same relative in June 2017, according to court documents. Police reports said Clark initially blamed hospice workers for the missing medication.
“I don’t think you appreciate the fact you have a problem with drugs,” Pratt said Feb. 21.
Published: Wednesday, March 21, 2018 @ 2:50 AM
Updated: Wednesday, March 21, 2018 @ 2:50 AM
AUSTIN, Texas — Police have shut down parts of downtown Pflugerville, an Austin suburb, due to a report of a suspicious package, the city’s police chief said early Wednesday. It is not yet known whether the incident is related to the Austin bombings.
The news came the day after investigators linked a fifth bomb blast at a FedEx ground delivery facility northeast of San Antonio to the deadly package bombs in Austin. A sixth blast at a south Austin Goodwill store was not related to the bombings, investigators said.
>> READ MORE: Trump says 'it's not easy to find' culprit in first public comment on Austin bombings | 'Hold your leaders accountable': Chance the Rapper tweets about Austin bombings | Photos: Austin police investigate explosions | For investigators, a race to decode hidden message in Austin bombings | Map shows location of 4 Austin bombs | Austin explosions: 2 men hurt in fourth blast this month | Officials increase reward to $115,000 for information on Austin bombings | Man held in SXSW threat ruled out as bomb suspect, police say | Austin package explosions: 3 blasts appear connected, claim 2 lives, police say | The Roots' SXSW show canceled after bomb threat; man arrested | Austin package bombings: Friends remember victims Draylen Mason, Anthony House | MORE
Published: Tuesday, March 20, 2018 @ 11:23 AM
Updated: Tuesday, March 20, 2018 @ 12:58 PM
It reasonably appeared to Clark County Deputy Jacob Shaw that a news photographer he shot in September had a gun and was a potential danger to the public, lawyers for Clark County allege in their response to a lawsuit.
Photographer Andy Grimm sued the deputy, Clark County and the city of New Carlisle in December, seeking damages for what he called “excessive use of force and violation of Mr. Grimm’s constitutional and common law rights.”
Grimm, a photographer for the New Carlisle News, was shot by Shaw on Sept. 4 on Main Street in New Carlisle while preparing to take photos of the deputy at a traffic stop. Shaw can be heard on body camera footage obtained by the Springfield News-Sun apologizing to Grimm and saying he believed his camera to be a weapon.
“Defendants aver that it reasonably appeared to Deputy Shaw that Andrew Grimm possessed a firearm under the conditions facing him, in the course and scope of his employment, and in good faith, to make a split-second decision to discharge his weapon in order to protect the public and himself from perceived deadly harm,” the response from the county’s lawyers says.
Much of the county’s response is denying several of the allegations in the lawsuit. Grimm’s actions that night might have played a role in the shooting, the county’s response says.
“Plaintiff Andrew Grimm’s own contributory and or comparative negligence and/or assumption of the risk may have caused or contributed to cause the injuries and damages of which he complains,” the response says.
Grimm declined to comment on Tuesday and the county’s attorneys haven’t responded to requests for comment.
In the lawsuit, Grimm says he suffered serious injuries and financial suffering that he believes the county is responsible for.
“The nature of the injury has caused plaintiff to lose wages for time taken off to heal from the injury,” it says. “The loss of wages suffered by Andrew Grimm is serious and of a nature that no reasonable person could be expected to endure.”
The lawsuit also alleges Grimm’s wife, Melanie Grimm and KBA News LLC, which publishes the New Carlisle News, have suffered due to the shooting.
“Plantiff KBA News, LLC asserts loss of business profits as local law enforcement agencies have retaliated against the business in response to the events of Sept. 4,” the lawsuit says.
In a statement sent to the Springfield News-Sun previously, attorney’s for the county said the defendants aren’t responsible.
“We cannot comment regarding claims against Deputy Shaw because there is an ongoing investigation,” a statement released by the attorneys says. “Clark County and the city of New Carlisle deny all claims against them.”
The Ohio Bureau of Criminal Investigations is handling the investigation into the deputy-involved shooting. That investigation likely will head to a grand jury soon, spokesman Dan Tierney said. He declined further comment.
The sheriff’s office has said it will do an internal investigation into Shaw’s actions after the state’s investigation is completed. Shaw returned to duty in October, reassigned then to the jail.
3 related stories:
Staying with the story
The Springfield News-Sun has closely tracked developments since first breaking the news of the deputy-involved shooting on Sept. 4, including stories about what the body camera shows and the standards for officer-involved shootings.
Published: Tuesday, March 20, 2018 @ 3:03 PM
— A convicted Greene County sex offender today was sentenced to the maximum term in prison, a total of 108 years, for rape charges involving a child younger than 13.
Anthony R. Moore must serve a mandatory of 83 years in prison after being convicted of multiple counts of rape of a child under 13, rape by force and gross sexual imposition, according to proceedings today in Greene County Common Pleas Court.
Moore had no reaction to the sentence in court.
Moore hung his head low as the victim read her statement prior to the sentence being delivered.
“I thought he cared about me as a stepdaughter and I thought he loved me. He knew what he was doing and he knew it was wrong. That's all I have to say," The victim said.
The victim's father also addressed the court, stating that his daughter “has a promising future.”
"She's been through a lot of emotional, psychological things due to the defendant and we're going to overcome it,” he said. “No child should have to suffer like this. As you can see all the family is always there for her. Everybody's been through it … It ain't right and there's never any excuse for it.”
Judge Michael Buckwalter called the defendant's actions "repugnant.”
"Immediately upon taking residence with (the mother) and her children the defendant began grooming 11-year-old (victim) for abuse,” Buckwalter said. “The defendant subjected her to a deliberate and repetitive pattern of gross sexual imposition that quickly escalated to a regular pattern of rape. He was a constant predator presence in her life to the point that she could not even enjoy a single night's sleep without fear or threat of the defendant sneaking in her room to abuse and defile her while robbing her of her innocence and the safety of her home and family … It is the court's intention and responsibility to ensure that Anthony Moore never again be alone in the presence of a child."
Greene County Assistant Prosecutor Alice DeWine said she is grateful that the judge agreed with her recommendation to sentence Moore to the maximum possible penalty.
“There's no reason for this defendant to ever get out of prison,” DeWine said. “Because of the heinous acts that he committed against a child, it's appropriate not only for justice for this victim, but so that no other victim has to go through this.”
DeWine said the trial was difficult for everyone, including the jury, who heard more than four hours of emotional testimony from the victim.
"Upon the conclusion of the trial and the guilty verdicts, they were very emotional,” she said of the jury. “You hear on the news that something like this happens, but it's very different to hear it from a child who is only 14 years old."
The crimes were reported first in June 2017 when the mother of the victim, who was known to the defendant, contacted Xenia police, according to court records.
The mother told police she was sleeping on the couch and her daughter was sleeping in her bed when the defendant got in bed with her daughter, according to the detective’s statement that led to Moore’s arrest on July 2, 2017.
Published: Tuesday, March 20, 2018 @ 12:53 PM
Updated: Tuesday, March 20, 2018 @ 2:23 PM
BUTLER COUNTY — A West Chester Twp. man has been placed on probation and classified as a Tier II sex offender after pleading guilty to charges involving child pornography.
Larry Dale Staley, 58, of the 8300 block of Birchstone Court, was indicted in October by a Butler County grand jury on 20 charges. In February, he entered guilty pleas to six counts of pandering sexually oriented matter involving a minor, a fourth-degree felony. The remaining charges were merged.
Staley faced up to nine years in prison, but told Judge Charles Pater before sentencing that he has sought treatment for alcoholism as well as urges to view pornographic images of children.
Defense attorney Douglas Nicholas pointed out that Staley has no criminal past other than OVI arrests. The defense attorney said Staley is also caring for his elderly father to avoid placing him in a nursing home
“When he was drinking, that is when all this activity occurred,” Nicholas said.
Assistant Butler County Prosecutor Lindsay Sheehan said copious amounts of child images were found in Staley’s residence that had been there for years, some printed out and hidden in trash bags.
“These pornography photos involved very young pre-pubescent children,” Sheehan said, noting they were all of girls under the age of 10. The young victims are not known.
“Each time that image is viewed, accessed, printed and kept — that is is creating a market through this type of crime,” she said.
The alleged crimes occurred on or about Feb. 16, 2016, according to the indictment. The crimes involved images downloaded, and there is no indication local children were involved, according to the prosecutor’s office.
“I am ashamed of what I have done,” Staley told the judge.
He added that he is continuing treatment and has changed his actions, including access to cell phones or computers.
Before placing Staley on probation, Pater said based on the information he has, including letters from Staley’s children, there has never been any indication that he “acted” on any urges involving children.
Pater also ordered Staley to have no access to computers and to stay away from children under the age of 12. If he violates his probation, the judge said he will serve a 12-month prison sentence.