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Judge: Trench death lawsuit can move forward

Published: Monday, January 22, 2018 @ 12:41 PM
Updated: Tuesday, January 23, 2018 @ 1:59 PM


            James Rogers
James Rogers

UPDATE 1 p.m. Jan. 23:

The wrongful death lawsuit of a man who died in a Washington Twp. trench during construction of a home has been reactivated.

Montgomery County Common Pleas Court Judge Erik Blaine ruled Monday that the case involving the death of James Rogers can go forward without defendant Timothy Scott Dickey, who has filed for Chapter 7 in Dayton’s U.S. Bankruptcy Court.

The attorney for Tara Brown, Craig Matthews, said Monday that Dickey’s portion of the lawsuit can be determined after his personal bankruptcy proceedings are over and that Dickey’s company, South Dayton Builders and Remodelers, Inc., has not declared bankruptcy even though it has shut down.

EARLIER

The wrongful death lawsuit filed by the sister of a man “buried alive” when a Washington Twp. trench collapsed in June 2016 is on hold because one of the defendants has filed bankruptcy.

Montgomery County Common Pleas Court Judge Erik Blaine dismissed the case involving the death of James B. Rogers, 33, of Winchester, because South Dayton Builders and Remodelers Inc. owner Timothy Scott Dickey filed for Chapter 7 in Dayton’s U.S. Bankruptcy Court.

Rogers’ sister, Tara Brown, filed the suit in late November against the house’s developer, contractor and a subcontractor.

RELATED: Sister of man ‘buried alive’ files suit in Washington Twp. trench death

Blaine ruled that the suit can be reactivated when the bankruptcy case is complete.

“The family understands the legal process can move slowly but remains confident justice will be served,” said Brown’s attorney, Craig Matthews.

Rogers died June 15, 2016, after a 12-foot deep trench collapsed on him while working for KRW Plumbing of Jamestown, a company that had a trench collapse about a month earlier at another job site, according to Occupational Safety and Health Administrations (OSHA) records.

RELATED: Family of man who died in trench explores legal options

Emergency personnel worked for nearly seven hours to extricate Rogers’ body at 463 Claxton Glen near Marshall Road.

The named defendants are Dickey, KRW Plumbing and its owner Richard S. “Rick” Williams and real estate developer and investor Donald C. Wright.

Wright owned the lot and South Dayton Builders and Remodelers hired KRW Plumbing, according to the complaint.

RELATED: Report: Owner ‘did not tell truth’ about hole where worker died

Matthews already has filed a motion to reactivate the case but Blaine has not yet ruled on it.

In his bankruptcy filing, Dickey checked boxes indicating he had between 100 and 199 creditors, had assets from $100,001-$500,000 and liabilities from $500,001 to $1 million.

Specifically, Dickey wrote that he had $136,197 in assets, liabilities of $620,195 and a monthly income of $5,156.

RELATED: ‘It’s getting deep,’ man texted before death in trench

Messages seeking comment have been left with attorneys for KRW Plumbing and Don Wright.

KRW’s attorney denied the plaintiff’s substantive allegations in an answer filed in court.

Don Wright’s attorney denied the plaintiff’s substantive allegations in an answer and cross-claim, writing that Rogers’ death is “the direct and proximate result of the negligence and/or intervening and superseding acts and/or omissions of named or unnamed defendants and/or third parties over whom this answering Defendant had no direction or control.”

Wright’s attorney wrote that any liability found in Brown’s favor is solely that of the other named defendants.

RELATED: Body of worker trapped in trench found, removed

Dickey has no defense attorney listed in court dockets, but a message seeking comment was sent to his bankruptcy lawyer.

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What is a school resource officer? Police are present in local schools

Published: Friday, February 23, 2018 @ 3:21 PM


            Students change classes in the junior high section of Monroe Junior/Senior High School Tuesday, Oct. 17 in Monroe. NICK GRAHAM/STAFF FILE
Students change classes in the junior high section of Monroe Junior/Senior High School Tuesday, Oct. 17 in Monroe. NICK GRAHAM/STAFF FILE

School resource officers are receiving new attention in the aftermath of the mass shooting at a Parkland, Fla., high school last week.

Officials announced Thursday that school resource officer Deputy Scott Peterson never went inside to engage the gunman at Marjory Stoneman Douglas High School while the shooting was underway. Peterson has resigned.

NEW DETAILS: Police allege Fairborn student named classmates he wanted to kill

MORE: 5 students arrested as threats rock southwest Ohio schools

President Trump questioned the inaction of an armed officer who failed to stop the gunman who carried out last week’s Florida massacre. Departing the White House, Trump told reporters that “when it came time to get in there and do something,” Peterson “didn’t have the courage or something happened.”

School resource officers have a variety of functions, according to the Ohio Fraternal Order of Police.

“School resource officers … will arrest violators, confront suspicious behaviors, recognize danger and respond according to our training will keep schools safer,” the union said in a statement. “In addition to improving security, SROs build relationships between students and law enforcement, provide a positive role model and serve as guest instructors in classrooms on issues such as drug addiction.”

MORE: Teachers with guns? Some Ohio districts arm staff but don’t tell public

In the Dayton area, SROs are a fixture of many schools.

A 2015 Dayton Daily News survey of 22 local school districts found that most large districts have local police regularly serving as SROs in their buildings. Several other districts without SROs cite an open-door policy with their police departments.

Dayton-area schools take a variety of approaches, largely depending on the size of the district. The 10 largest districts in the area all have school resource officer or security officer programs, according to the 2015 survey of district officials.

On Thursday, Fairborn High School’s SRO played a central part in assisting with a lockdown caused by social media chatter at the middle school, according to police documents.

More local reporting from the Dayton Daily News:

» FAIRBORN: Free Wi-Fi coming to Fairborn: 5 things to know

» HUBER HEIGHTS: Retiring Huber Heights fire chaplain ‘honored’ to serve 18 years

» RIVERSIDE: Springfield Street near Air Force Museum faces $5.4M ‘road diet’ for safety

The Associated Press contributed reporting.

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Police: No threat today at Fenwick High School

Published: Friday, February 23, 2018 @ 9:34 AM
Updated: Friday, February 23, 2018 @ 2:09 PM


            Bishop Fenwick High School was on a “soft lockdown” this morning, meaning classes were conducted but no one was allowed to enter or leave the school, officials said. ED RICHTER/STAFF
Bishop Fenwick High School was on a “soft lockdown” this morning, meaning classes were conducted but no one was allowed to enter or leave the school, officials said. ED RICHTER/STAFF

UPDATE @1:15 P.M.:

There was no threat at Fenwick High School this morning, Middletown police have determined.

A former student entered the Ohio 122 school building to visit former teachers and was walking through the school at some point by himself, said Middletown Maj. David Birk.

“Some people who were unfamiliar with the former student became suspicious, but there was not threat at all,” Birk said.

INITIAL REPORT:

A Middletown high school is on lockdown this morning.

A notice from Bishop Fenwick High School this morning states: “Bishop Fenwick High School is currently on a ‘soft lockdown.’ This means that teaching continues in the building, but no one will be permitted in or out of the building until the lockdown is lifted. Everyone is safe in the building.”

Middletown Maj. David Birk said a student was acting suspiciously and the school called police. As a precaution the school was placed on lockdown. Birk said officers are on scene investigating and talking with those involved.

The school is asking for people to not call the school so phone lines can remain open.

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NEW DETAILS: Police allege Fairborn student named classmates he wanted to kill

Published: Friday, February 23, 2018 @ 1:44 PM

Police at Fairborn High School

One of the two students arrested Thursday at Fairborn Baker Junior High is accused of standing up in class and naming off people he wanted to kill, according to a police report obtained by this news organization.

The incident with the 12-year-old boy happened, police said, at the same time an 11-year-old girl was separately placed into custody on suspicion of spreading a message on Snapchat indicating “Fairborn schools next” in the “shoot SHS” threat that spread across the region and into other parts of the country Thursday.

Police documents show a third threat — a Snapchat video of a man holding a gun “for Baker Junior High in 7th period” — could not be traced and no subjects could be identified.

MORE: 1 of 2 Fairborn middle school students appears in court

MORE: Student arrested for making threats at Springfield H.S. charged with felony

The 12-year-old boy is charged with inducing panic and aggravated menacing, both misdemeanors. He has not yet appeared in court.

The 11-year-old girl is charged with misdemeanor inducing panic and making terroristic threats, a felony. A judge entered a plea of denial for her on Friday. She is ordered to stay in juvenile detention custody.

This news organization is not naming either individual at this time because they are not charged as adults.

MORE: 5 students arrested as threats rock southwest Ohio schools

The incidents Thursday set off an emotional and chaotic morning across Fairborn City Schools. While the “Fairborn schools next” Snapchat originated at the junior high, another student, who is not charged, allegedly forwarded the arrested student’s threatening message to students at the high school in an effort to warn her friends there, police said.

The high school then went on “level 2” lockdown at the request of the school’s principal, meaning all exterior doors were secured and all students were sheltered-in-place with doors locked, according to the police report. Police interviewed the uncharged female student, who identified the 11-year-old charged with originating the Fairborn-based threat.

MORE: Teachers with guns? Some Ohio districts arm staff but don’t tell public

According to the police report, the charged 11-year-old female “did not think it was a ‘big deal’” and “became upset and did not want to speak after she was placed in custody.”

The police report said the 12-year-old boy — accused of standing up in class and saying “I’m not saying I am the shooter, but I am not saying I’m not” before rattling off student names — “admitted to the allegations, and added that the people he named ‘frustrate’ him.”

At least five students — one from Springfield, one from Piqua, two from Fairborn and another from New Lebanon — were arrested Thursday, police said.

More local reporting from the Dayton Daily News:

» FAIRBORN:Free Wi-Fi coming to Fairborn: 5 things to know

» HUBER HEIGHTS: Retiring Huber Heights fire chaplain ‘honored’ to serve 18 years

» RIVERSIDE: Springfield Street near Air Force Museum faces $5.4M ‘road diet’ for safety

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Police: Man hit woman with pickup after she refused his advances

Published: Friday, February 23, 2018 @ 9:45 AM

Texas Man Allegedly Hits Woman With Truck After She Refused His Advances

A man is accused of hitting a woman with his pickup in Texas after she refused his advances toward her, according to an arrest affidavit.

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Carlos Amozurrutia, 27, of Round Rock, was charged with accident involving personal injury, a third-degree felony punishable by up to 10 years in prison.

The victim said Amozurrutia was giving her a ride home Sunday when he began making unwanted advances toward her, the affidavit said. It said she told him to stop so he stopped his pickup and pushed her out. She said that when he drove away, he struck her with the truck, the affidavit said. It said police were alerted at 2:26 a.m. Sunday about the incident in the 400 block of Blockhouse Drive.

The victim had an injury on the left side of her face, and also scratches and red marks on her hands and knees, according to the affidavit. The affidavit does not say how the victim and Amozurrutia knew each other.

A witness who also was in the pickup said she got out of the truck with the victim and saw it strike her, the affidavit said.

It also said two other witnesses who were driving by saw the victim struck and knocked to the ground by an open door on the passenger side when the truck pulled away.

It said the two witnesses told police the driver left without offering to help the victim.

Police stopped Amozurrutia at a nearby gas station for an unrelated offense and were able to identify his truck as the one that hit the victim, the affidavit said.

Amozurrutia was released from the Williamson County Jail on Sunday after posting bail set at $75,000.

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