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Published: Tuesday, January 16, 2018 @ 4:34 PM
An 8-person jury was selected Tuesday in Dayton’s U.S. District Court to hear the civil rights trial of a former Montgomery County Jail inmate who was forced to sleep without a mattress or blanket for parts of his four-month stay. Opening statements are scheduled for Wednesday morning.
Court documents show that both plaintiffs’ and defense attorneys agree that David O. Cooper, 35, has a history of mental illness and tried to harm himself several times during his jail stay in 2012.
The civil lawsuit is the first of several filed against jail staff in recent years for alleged abuse and/or neglect to go to trial. Four other cases have settled for $888,000 plus the county spent another $444,000 on outside legal counsel and litigation costs, according to county records. Other cases are pending.
U.S. District Court Judge Walter Rice questioned prospective jurors on several topics Tuesday morning and afternoon before attorneys for Cooper and Montgomery County had more specific inquiries.
Coopers’ attorney, John Helbling, asked potential jurors if they had a damages number that they just couldn’t go above no matter what the evidence showed if they found a defendant liable.
When Helbling suggested damages could be in the neighborhood of $3 to $4 million, Rice said the number was hypothetical and dealt with facts the jury hadn’t heard yet.
Two potential jury members were dismissed after saying they thought there should be a cap on damages in civil trials or those against public entities.
When being questioned by Montgomery County assistant prosecutor Mary Montgomery, a couple prospective jury members who were nurses or had connections to nurses said they had concerns about a baseline standard of care such as someone not being provided a mattress.
JUSTICE IN THE JAILHOUSE: Lawsuits, accusations plague region’s county jails
No potential jury members were dismissed immediately after voicing their concerns. After peremptory challenges, the seated and sworn jury includes six men and two women.
Case documents show both sides stipulated that remaining Montgomery County Sheriff’s Office individual defendants Major Darryl Wilson and Capt. Chuck Crosby “took steps they deemed necessary” to stop Cooper from harming himself.
That included taking away Cooper’s mattress and blanket for part of his time of incarceration, so that Cooper had to sleep on the floor, according to court documents.
The sheriff’s office has refused to comment about pending litigation and has not made individual defendants available to be interviewed. Court documents show the county argues that Cooper’s incarceration conditions do not rise to liability.
Published: Thursday, February 22, 2018 @ 5:43 PM
DAYTON — It’s any parents, and kids, worst nightmare. Strangers, trying to bust down the front door of a dayton home, just minutes after parents left for work, and their 11-year-old kids home alone.
Dayton police have opened an investigation. A security camera on a neighbor’s house on holly avenue in dayton captured the faces of two men, wearing lanyards, going door to door. They avoided homes with visible security cameras.
They moved on to the house where two kids were home alone. They began banging on the front door for approximately ten minutes, according to a Dayton Police report. Then the men began thrusting their shoulders against the door.
"When you do that to our front door, our whole house shakes, so our kids were pretty upset,” said Christina Baine, the children’s mother.
Her two kids never approached or opened the door, just as they were taught.
“After a few times of doing that, he did retreat and leave," added Baine.
Surveillance video is the best lead police have to go on right now. We’ve blurred their faces because they have not been charged with a crime. When we showed the video to neighbors along Holly Avenue, the remembered the men walking the sidewalks and thought they looked suspicious.
Now the Baine family has installed its own security cameras.
Published: Thursday, February 22, 2018 @ 1:34 PM
— A Greenon High School student has been charged in connection with a crash that killed another student in October.
Andrew J. Scott, 16, faces charges of vehicular homicide and vehicular manslaughter in Clark County Juvenile Court.
Kendal “Kenny” DePhillip, a junior, died while a passenger in a car that crashed shortly before 4:30 p.m. Sunday, Oct. 17, on Fowler Road between Rebert Pike and Broadway Road in Clark County.
Scott allegedly went off the right side of the road, clipped a telephone pole and then hit another pole, Ohio State Highway Patrol troopers said. Scott sustained non-life threatening injuries, troopers said.
Published: Thursday, February 22, 2018 @ 3:19 PM
The auto dealership owner found shot to death inside his business on Monday was a U.S. Army Vietnam War veteran who loved horses and cars, according to an online obituary.
Frank D. Buck, 71, and his friend, Lester Golson, 59, were both found dead of apparent gunshot wounds inside of Buck-I Auto Sales after what Montgomery County Sheriff’s Office deputies said was a struggle involving a gun.
Investigators were not searching for anyone after the shooting, believing that the incident was “contained” inside the dealership at 2801 N. Dixie Drive.
Buck operated his car dealership for more than 30 years, the obit said. Services were pending at Newcomer North Chapel, 4104 Needmore Rd. The obit said contributions to help pay for expenses can be made through the funeral home’s website.
Buck is survived by his children, Shelly Buck, Laura Hurst, Candace Buck and Frank DJ Buck, six grandchildren, four great-grandchildren, ex-wife Penny Buck and many relatives and friends, according to Buck’s obituary.
“My father was a loving man would do anything in the world for just about anybody, he was loved by a lot he was always smiling, laughing, and joking around,” Candace Buck told this news organization earlier this week. “My condolences are with the Golson family during this very hard time.”
FIRST REPORT: 2 men found shot to death inside auto dealership
Golson’s obituary is not yet available. Efforts to get comment from his family or friends have been unsuccessful.
Buck-I Auto Sales was broken into Jan. 5, 2016, according to a sheriff’s incident report that said one of the windows in an overhead door was smashed.
A friend, not Golson, of Buck’s who was watching the business while Buck was out of town called police. That report said there were no surveillance cameras on the property.
Nearly three weeks later from the first incident, another report said a car was stolen but recovered from the Jan. 5, 2016 crime and that it appeared that the dealership was vandalized again as part of an effort to steal a car. A different stolen car was located in November 2016, according to sheriff’s office incident reports.
“It is my understanding Mr. Buck was putting up cameras,” a Jan. 23, 2016 report read, adding that there were no suspects and no leads.
A woman who tried to get into the business Monday and saw one man point a gun at another then called 911 to report that she saw people get into a “tussle” before she heard three gunshots.
In the sometimes frantic 6-minute call at 1:22 p.m., the woman said, “I was trying to get to my car and get to the phone to call the police then I heard gunshots.”
Deputies investigating the shootings earlier this week did not locate any surveillance cameras at the property.
The Montgomery County Coroner’s Office on Thursday said the two men’s cause and manner of death were still listed as “pending” due to the ongoing investigation.
Published: Thursday, February 22, 2018 @ 11:54 AM
DEKALB COUNTY, Ga. — A father is in custody after police say he intentionally killed his 5-year-old son at a DeKalb County, Georgia, home Wednesday night.
It was not immediately clear what led to the homicide or how the boy was killed.
According to police, the child lived at a home on Rocky Pine Drive in Lithonia with his grandmother. His parents drove from California for an unannounced visit Wednesday, authorities said.
The boy’s mother and grandmother left the home, returned and “learned that the child had been murdered,” police spokeswoman Shiera Campbell told WSBTV.
Police say parents came from California unannounced to visit their five year old son who lived with his grandmother. While the mother and grandmother were out of the house police say the father killed the boy. The mother is cooperating and is not a suspect. pic.twitter.com/6g3rNOgkDO— Carl Willis (@CarlWillisWSB) February 22, 2018
Three other children were inside the home at the time of the killing, but were not injured, the news station reported.
Police have not released the names of the father and child.
"Right now, the father is in custody,” Campbell said. “He is a 25-year-old male.”
Authorities continued to investigate the incident Thursday.