Jury exonerates man in June 2012 slaying

Published: Monday, July 15, 2013 @ 7:55 PM
Updated: Monday, July 15, 2013 @ 7:55 PM

A 33-year-old man accused of murder in a June 2012 shooting has been cleared of all charges by a jury.

Judge Mary Wiseman said the Montgomery County Common Pleas jury found Demond J. “Mont” Harris not guilty on two counts of murder and two counts of felonious assault in the killing of Keith Moore.

The jury, which got the case at about 3:13 p.m. Monday, reached its verdict at about 7 p.m., Wiseman said.

At the trial that began Tuesday (July 9), county Assistant Prosecuting Attorney Jill Sink told the jury the evidence would show that Harris finished with gunshots what started as an argument and fistfight between Moore and another man.

Defense attorney Tina McFall told the jury of nine women and three men that the evidence would show Harris was not guilty, but McFall pointed to the other man in the initial conflict - a potential witness - as the shooter.

Moore, 25, was shot to death in the early morning of June 1, 2012, near Xenia Avenue and George Street.

Friends said Moore had been at a nearby house playing video games until about 5 a.m. on the day he was killed.

Harris in 1999 was convicted of felonious assault and sentenced to four years in after three years were added because a firearm was used in the incident. In 2007, he was sentenced to five years in prison in a case stemming from a felonious assault, possessing a weapon as a felon and drug possession (cocaine). He was released from prison in January 2011.

1-month-old boy dies after parents didn't check on him for at least 6 hours, police say

Published: Thursday, May 25, 2017 @ 10:43 PM

Cameron Dowden, 21, (pictured) and Superiah Campbell, 19, were arrested in Florida Thursday after investigators claimed their child died because they allegedly failed to check on him for at least six hours.
WFTV.com

The parents of a 1-month-old Cocoa, Florida, boy were arrested Thursday after investigators claimed their child died because they allegedly failed to check on him for at least six hours.

Superiah Campbell, 19, and Cameron Dowden, 21, were each charged with a count of manslaughter of a child for the May 10th death of their son.

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Cocoa police officers were called to the couple’s apartment unit at about 12:15 p.m. on May 10.

The 911 caller told officials the child had stopped breathing and was cold to the touch, investigators said.

Emergency personnel tried to resuscitate the child when they arrived at the apartment, but he was pronounced dead at the scene.

After investigating the child’s death, police said they found that evidence showed the parents had not checked on the child for at least six hours, leading to the discovery of the boy in an unresponsive state.

“By failing to check on the child for over six hours, the defendants consciously did an act, or followed a course of conduct that they must have known, or reasonably should have known, was likely to cause death or great bodily harm,” Cocoa Police Department Detective Debra Titkanich wrote in an affidavit. “Both parents showed a reckless disregard for human life.”

Investigators had not determined an official cause of death but said it appeared the child suffocated. 

2-car crash forces vehicle into Dayton house; 2nd driver flees

Published: Thursday, May 25, 2017 @ 7:23 PM

A two-car crash this evening forced one car into a house at the corner of Stewart Street and Clement Avenue in Dayton.

A passenger in the car was taken to Miami Valley Hospital with injuries described as minor, according to police.

The second car fled the scene but was found a few blocks away. However, its driver ran from the car before police arrived.

It is not clear whether that driver has been caught and we’re working to learn more information about what led to the crash.

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9th inmate sues Montgomery County Jail, now-fired officer

Published: Thursday, May 25, 2017 @ 1:12 PM
Updated: Thursday, May 25, 2017 @ 6:05 PM

A ninth lawsuit has been filed by a former inmate alleging mistreatment by Montgomery County Jail personnel, this one involving a now-fired corrections officer that the sheriff’s office tried to prosecute.

Former inmate Daryl Wallace, 44, filed a lawsuit this week against former corrections officer Jerrid Campbell, Montgomery County Sheriff Phil Plummer and the county’s board of commissioners in Dayton’s U.S. District Court.

Wallace’s attorneys alleged that Campbell “viciously beat” Wallace with impunity. The Sept. 28, 2015, altercation was captured on surveillance video.

EARLIER: Officer who sheriff tried to charge for jail assault claims unfairness

The civil rights, excessive force lawsuit claimed that Wallace complained to Campbell that his cell’s hot water wasn’t working and Campbell refused to call maintenance.

Wallace called Campbell a name, the lawsuit said, and walked away before Campbell ordered him to stop and shoved Wallace to the ground.

“Campbell then pummeled Mr. Wallace with punch after punch while holding handcuffs and using them like brass knuckles,” Wallace’s attorney’s wrote. “(Wallace) was bleeding from his scalp.”

RELATED: Officers spit on, attacked in jails bursting with mentally ill

Wallace claims he regularly experiences migraine headaches so bad “it feels like his forehead swells, the pain paralyzes him, and he vomits.” The suit also said Wallace’s vision has worsened since the incident.

Plummer said Thursday that Campbell was fired Tuesday for “violations of numerous policies.”

According to sheriff’s office documents, those violations included: using racist slurs against Plummer and other command staff members; failing to allow an inmate access to a dentist; two violations of use of force; an inappropriate Facebook post about a co-worker, making inaccurate and untruthful statements to the Dayton Daily News; making similar statements to the Dayton Weekly News. Campbell was suspended a total of 23 days for those alleged violations.

RELATED: Oversight committee picked to monitor Montgomery County Jail

Campbell wouldn’t comment Thursday about the lawsuit but said he was fired “for exposing the segregation in the jail and for writing a complaint against Phil Plummer plus the rest of his racist command staff for creating a racist atmosphere towards black officer (sic) and threatening (other officers) for speaking out against racism.”

Campbell’s complaints about comments by former Maj. Scott Landis led to Landis’ demotion in October. In November, Campbell was quoted in a story about allegations that female inmates are racially segregated at the jail and an analysis by this newspaper that found black female inmates were disproportionately placed in older, smaller cells.

Chief Deputy Rob Streck said Thursday that Campbell has alleged he was treated unfairly, but “those allegations have been covered numerous times in numerous investigations without any evidence or any type of proof bought forward other than just accusations.”

I-TEAM SPECIAL PROJECT: Justice at the Jailhouse

The sheriff’s office said this week the “expedited” internal review of the segregation allegations they announced in November is still ongoing.

The 156-page internal investigation of the altercation between Campbell and Wallace, obtained by this newspaper, shows the sheriff’s office referred the case to both city and county prosecutors and both declined charges.

“The situation was properly investigated, and the employee was disciplined and held accountable to the fullest extent,” Plummer said, noting that Campbell was suspended without pay for 10 days.

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Wallace’s attorney, Adam Gerhardstein, said the sheriff was right to discipline Campbell, but the department should have done more to prevent the incident in the first place.

“What’s important is looking at what caused excessive force to be used, and there’s enough evidence out there that we believe there’s a pattern and practice within the Montgomery County Sheriff’s Office of using excessive force in that jail,” he said.

Eight other former inmates have filed suits alleging mistreatment in the jail. None has reached trial or been settled.

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Wallace’s suit mentions the pepper-spraying of Amber Swink while in a restraint chair by then Sgt. Judith Sealey, injuries to Joseph Guglielmo allegedly caused by jail personnel and the death of Robert Richardson, who died after suffering a medical emergency while in his cell.

The suit seeks compensatory and punitive damages plus attorneys fees and court costs.

“Corrections officers are supposed to keep the people in their custody safe,”Adam Gerhardstein said in a statement. “There is no justification for Officer Campbell’s vicious assault on Mr. Wallace. Montgomery County has a responsibility to put an end to the use of excessive force by the corrections officers in its jail.”

The same day the Wallace lawsuit was filed, Plummer attended the first meeting of a new committee established to review jail practices and policy in light of the slew of lawsuits — which he blames in part on increased public attention.

“Another thing we need to address is the media and the frenzy they create, and they bring more ambulance chasers to sue us,” Plummer said at that meeting. “This is a vicious cycle.”

Sentencing delayed for Air Force reservist guilty of sex crime on base

Published: Thursday, May 25, 2017 @ 10:46 AM


            Kyle Jordan was scheduled to be sentenced Thursday in Dayton’s U.S. District Court, but the sentencing was delayed.

Federal prosecutors want an Air Force reservist to spend more than seven years in prison for having sex with an unconscious woman he supervised at Wright-Patterson Air Force Base.

Kyle Jordan, 31, an Air Force veteran who served in Iraq and Korea and one-time Butler County corrections officer, was to be sentenced Thursday in Dayton’s U.S. District Court. The judge pushed back sentencing after an in-chambers conference. U.S. District Judge Walter Rice did not explain why sentencing was delayed.

Rice scheduled a telephone conference for June 8, at which time he said a new sentencing date would be determined. Jordan has been on electronic home monitoring for nearly a year and a half.

PREVIOUS: Air Force reservist pleads guilty to sex crime on base

Jordan pleaded guilty in January to sexual abuse in exchange for other charges to be dismissed. The plea deal capped Jordan’s potential sentence at 87 months — or 7 years and 3 months — for a charge that has a statutory sentencing range of zero years to life in prison. Jordan’s non-binding advisory sentencing range was calculated at 87 to 108 months.

Prosecutors said Jordan had sex with a woman “who was incapable of appraising the nature of the conduct” after a night of heavy drinking during a Christmas party in December 2015.

RELATED: Federal sex indictment stems from Christmas party

The prosecutors’ sentencing memorandum argued Jordan deserves that term of imprisonment because he had a position of authority over the woman, he lied to Air Force investigators and then obstructed justice by asking a friend to lie about where Jordan slept and then asked that friend to delete his text request.

In their sentencing memo, defense attorneys wrote that Jordan initially denied he had sex with the woman because “extreme intoxication” led to Jordan’s memory loss about the event. Jordan admitted to the crime after confronted with his DNA evidence, the memo said.

RELATED: Air Force reservist accused of sex crime at base faces more charges

Jordan’s attorneys also said that while he did ask a friend to lie about where he stayed the night, he didn’t know what he had done, but did know that “he woke up in a hotel with a young girl in his Unit and no one else was there, which would certainly not look good to Defendant’s 9-month-pregnant wife who was elsewhere that night.”

The attorneys said that while Jordan did ask a friend to lie, “it strongly appears here that Kyle was attempting to cover up an overnight situation that looked bad (he and another woman alone in a hotel) instead of covering up a rape.”

RELATED: Former corrections officer gets home detention in sex crime case

Defense attorneys said three alleged sexual assault victims of Jordan’s should be ignored at sentencing because of their “irrelevance, benignity, and complete lack of corroboration.” Jordan was not charged in any other case.

Jordan’s attorneys wrote that their client has exhibited model behavior on pretrial home detention, he has stopped heavy alcohol use, is a veteran, a good father of 9- and 1-year-old sons and has employment lined up if he receives probation instead of prison.

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The defense attorneys included 19 letters of support from Jordan’s family and friends. The mother of his 9-year-old asked for mercy.

Friends and relatives pointed to Jordan’s 12 years of military service, honorable discharge, parenting skills, work ethic, loyalty and high character as reasons Jordan shouldn’t receive a long sentence.