Kettering man must pay child porn victim $5,000 and serve 11 years

Published: Friday, August 18, 2017 @ 4:10 PM


            James Gaver
James Gaver

A 71-year-old Kettering man was sentenced Friday to 11 years in federal prison and ordered to pay $5,000 in restitution to one of the victims shown in his child pornography collection of tens of thousands of pictures and videos.

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James Gaver also was ordered to get sex offender treatment and will be on lifetime supervision when he is released. He also must register as a sex offender

Gaver was among the hundreds of defendants located during the federal investigation into the “Playpen” child pornography website on the Tor network. Several such cases have been appealed on suppression issues.

The veteran who served for four years in the Air Force had agreed to plead guilty to one count of a 12-count federal indictment. The $5,000 restitution victim came from a woman who was part of the “Cindy” series of child pornography.

U.S. District Court Judge Walter Rice said a letter from the victim — which was not read Friday in open court — would “bring tears to your eyes.”

Gaver had served 10 years total in two different state cases involving child victims — one for sexually assaulting a victim from 3 to 6 years old in a 1992 case and another for child pornography-related counts.

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Federal public defender Thomas Anderson stressed that there was no contact with a minor in the federal case, but there were videos that included child rape.

“Aside from the ‘crack vs. powder’ cocaine disparity, perhaps no area of Federal Sentencing has been the subject of more critical comment than the implementation of the sentencing guidelines in child pornography cases,” Anderson wrote in his sentencing memorandum.

Rice agreed that the federal sentencing guidelines regarding child pornography defendants who have not had any physical contact with victims is “Draconian,” he noted that the plea range of 10-12 years was well below the 14-to-17.5 year guideline in this case. The judge also said Gaver may have had an amount of images “near six digits.”

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“I believe I have taken responsibility for these latest actions I’ve involved myself in,” Gaver said. “I know what I did was egregious and I rue the day that I got involved in it.”

Rice said Gaver said he had been molested as a child and has had an addiction to pornography. Gaver also did provide federal investigators with a password which provided more evidence.

Several of Gaver’s computer and storage devices were ordered to be forfeited. Gaver will be allowed to voluntarily surrender to the U.S. Marshals at a later date.

Area law enforcement using hotel guest lists to track drug dealers 

Published: Friday, January 19, 2018 @ 5:57 PM

Area law enforcement using hotel guest lists to track drug dealers

In an effort to combat drugs coming into the area, local law enforcement agencies have started asking hotels to hand over guest lists so they can conduct background searches.
Although the move raises privacy concerns, law enforcement officials said it’s necessary, given the area’s drug epidemic, said Montgomery County Sheriff’s Deputy Mike Brem, commander of the Miami Valley Bulk Smuggling Task Force.

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His unit looks to stop the flow of drugs into the area and the flow of money out of the area. They check bus hubs, package delivery services, highways, and yes, hotels. 

In 2017 Montgomery County had 500 drug deaths and 3,000 overdoses, and Brem said his unit’s determined reverse that trend while respecting people’s rights and privacy. 

“We have someone bringing enough drugs to kill a lot of people, we have to make sure that stops,” he said. “We talk to the clerk, we followed this guy here, so we talk to that clerk, that manager of the hotel.”

Deputies don’t review and do background searches on entire guest lists when they get them, Brem said. They already know who they are looking for, so they run only those names. 

Miller lane in the Butler Twp. area and Dayton Mall in Miami Twp. are two areas with high concentrations of temporary residents who investigators check.

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Some hotel staffers this news organization contacted for comments declined to speak on the record. But one said federal law enforcement agencies, including Homeland Security, also ask for guest lists. 

Jeffery Wallace, a New York resident who was a guest in an area hotel Friday, said he has no issues with hotels giving law enforcement his name.

“That’s their job, they’re supposed to, if I was an officer, I’d do it,” he said. 

Man caught entering Manchester Inn by K-9s training fined $100

Published: Friday, January 19, 2018 @ 5:43 PM


            Nicholas Tsakeris, 18, pleaded guilty to criminal trespass and was fined $100 and court costs Friday morning in Middletown Municipal Court.
Nicholas Tsakeris, 18, pleaded guilty to criminal trespass and was fined $100 and court costs Friday morning in Middletown Municipal Court.

A Middletown man pleaded guilty to criminal trespass and was fined $100 and court costs for breaking and entering a closed downtown hotel.

Nicholas Tsakeris, 18, also was told Friday morning to stay away from the Manchester Inn, which closed seven years ago, by Middletown Municipal Court Judge James Sherron.

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Tsakeris and a 17-year-old boy allegedly entered the Manchester Inn on Wednesday afternoon. They were seen entering the hotel by Middletown’s police chief and two new city council members who were having lunch Wednesday on the fourth floor of the City Building.

Chief Rodney Muterspaw, who was meeting with council members Joe Mulligan and Ami Vitori, called police dispatch to report the suspicious activity at the hotel.

As the two suspects, Tsakeris and a juvenile, were illegally trying to enter the Manchester Inn, the police department’s K-9 team was training along with eight agencies of the Southwest Regional K-9 Training Team at the city’s K-9 training center near the Middletown Regional Airport.

“Bad timing,” Muterspaw said with a laugh. “Real bad.”

Middletown’s K-9 officers Bear, Chase and Koda, along with dogs from the other police agencies, entered the building, said officer Ryan Morgan, Chase’s handler. Morgan said there were 11 dogs stationed in and around the Manchester Inn.

“Dogs were barking everywhere,” Morgan said.

While Morgan and Chase were on the second floor, Chase, a 4-year-old German shepherd, indicated he smelled human scent, Morgan said. When they found the subjects hiding in a hotel room, Chase “showed force” and the subjects quickly surrendered, he said.

The incident showed there is “no better training than real-life scenarios,” Morgan said.

Deputies: Florida man tries to order burrito from bank, gets charged with DUI

Published: Friday, January 19, 2018 @ 5:28 PM

Authorities arrested Douglas Jon Francisco, 28, on Wednesday, Jan. 19, 2018.
Hernando County Sheriff's Office
Authorities arrested Douglas Jon Francisco, 28, on Wednesday, Jan. 19, 2018.(Hernando County Sheriff's Office)

Police in Florida arrested a 28-year-old man on suspicion of driving under the influence of drugs or alcohol after authorities said he attempted to order a burrito from a Bank of America after confusing it for a Taco Bell, according to multiple reports.

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Records from the Hernando County Sheriff’s Office show authorities arrested Douglas Jon Francisco, 28, on Wednesday.

The manager of the Bank of America branch on Mariner Boulevard in Spring Hill, Martin Claussen, called authorities Wednesday afternoon after he said he found a blue Hyundai in the bank’s drive-up bank lane with a man who appeared to be passed out inside, WTSP reported.

Claussen said he had to bang on the car window several times before Francisco awoke, according to the Tampa Bay Times. When Francisco saw the bank manager, deputies said he tried to order a burrito.

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Claussen told Francisco that he was not at a Taco Bell and Francisco drove the Hyundai to the bank’s front parking lot, according to the Times. Deputies said he was in the front parking lot, the car still idling, when authorities arrived.

In an arrest report, a deputy wrote that Francisco “made several statements that were differing from reality” and denied asking Claussen for a burrito. Deputies said his responses during a field sobriety test “were slow in a way that was consistent with someone on prescription narcotics,” WTSP reported. He was given a drug test, the results of which were pending.

During a search of the Hyundai, deputies said they found prescription medication that had been made out in Francisco’s name, according to the Times.

Jail records show Francisco was booked into the Hernando County Detention Center around 5:30 p.m. Wednesday and released Thursday afternoon on a $500 bond.

Indiana man charged with robbery with BB gun waives hearing

Published: Friday, January 19, 2018 @ 4:04 PM

He allegedly robbed a Middletown Rite Aid pharmacy of $280

An Indiana man charged with aggravated robbery waived his preliminary hearing on Friday afternoon in Middletown Municipal Court, and his case was bound over to the Butler County Grand Jury for consideration.

Brenden Parker, 27, of Aurora, Ind., was charged with aggravated robbery, a felony, and two misdemeanors (resisting arrest and obstructing official business) after he allegedly robbed a Middletown pharmacy on Jan. 10. Parker allegedly showed a female clerk a gun — that later was determined to be a BB gun — and demanded cash. He allegedly left the Rite Aid with about $280 in cash, according to Middletown police.

Brenden Parker, 27, of Aurora, Ind., was charged with aggravated robbery, a felony, and two misdemeanors, resisting arrest and obstructing official business, after he allegedly robbed a Middletown pharmacy on Jan. 10.(Staff Writer)

Parker appeared Friday with his court-appointed attorney, James Calhoun, before Municipal Court Judge James Sherron. Sherron kept Parker’s bond at $256,000 — $250,000 for aggravated robbery and $3,000 each for the misdemeanors.

At Parker’s arraignment last week, Sherron set the bond that high because of the “serious nature” of the charges, he said.

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Last week, during his arraignment, Parker seemed confused and disorientated while standing before Sherron. Middletown police said after Parker was arrested on Jan. 10 he was acting “strange,” so he was examined at Atrium Medical Center before he was transported to the city jail.

Police believe Parker may have family in the Middletown, though there didn’t appear to be any friends or relatives in the courtroom during his preliminary hearing. Franklin police said Parker was charged with petty theft there in 2009, and he was arrested two years later for a failure to appear.

Parker allegedly pulled out what the clerk thought was a black handgun and told the female clerk: “Give me the money in the cash register and I will not harm you,” according to the Middletown police report.

The cashier told Parker she couldn’t do that and he repeated: “I do not want to hurt you. Give me the money.”

During the foot pursuit that followed, a Middletown police officer deployed his taser, but the taser was ineffective because both probes missed the suspect, the report said. Once the subject was caught, he refused to be handcuffed and two “baton strikes” were used to “gain compliance” on him, the report said.

After he was apprehended, he was found to be in possession of the stolen money. Canine officer Bear found a black BB gun near where the suspect was located.