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Published: Monday, June 15, 2015 @ 5:50 PM
Updated: Monday, June 15, 2015 @ 8:50 PM
DAYTON — Another area postal worker has been federally charged with stealing while on the job, the third criminal case filed against local U.S. Postal Service employees in about a year.
James K. Hubbard, who worked at the Germantown and Farmersville post offices, has been charged with embezzling about $14,600 from January 2008 through 2011. Farmersville’s post office closed in 2013.
“He had mishandled retail transactions at the window,” according to Special Agent Scott Balfour of the postal service’s Office of the Inspector General.
Hubbard was charged via bill of information for misappropriation of postal funds from 2008 until 2011, according to court records filed in Dayton’s U.S. District Court. He resigned in December 2011 and the case was turned over to prosecutors in 2012, Balfour said.
Hubbard, a sales and service associate, “knowingly converted to his own use money that came into his hands during the execution of his employment and service to the United Postal Service in a manner not authorized by law,” the bill of information alleged.
“It’s surprising, you know we don’t expect these kind of crimes to come up in a small town, but come to find over my years that anything can happen anywhere,” said James Daum, German Township resident. “I suppose it would be a crime of opportunity if you’re by yourself and no one’s looking, that’s when you test people’s ethics and some people I’m afraid are failing that.”
Hubbard’s initial court appearance has not yet been scheduled. He faces a maximum penalty of 10 years in prison if he’s found guilty of embezzlement.
“I’m shocked, yeah it’s crazy that they would do that to such a small town and all these people,” said Germantown resident Mackensie Branham. “They’re so nice around here and its just rude to do.”
Last month in a case unrelated to Hubbard’s, former Dayton postal worker Terrence P. Young pleaded guilty to delay or destruction of mail. He will be sentenced in September.
Young admitted to stealing and using gift cards and having a stack of undelivered mail in his vehicle when he worked at a Dayton post office from 2010 until 2015, according to court documents.
In November, another Dayton postal worker — Mark E. McCurry — was sentenced to four years’ probation and ordered to pay $10,894.60 in restitution for stealing about a thousand Netflix DVDs in 2012.
In the Postal Service’s last half-year report to Congress from April 1 to Sept. 30, 2014, they reported 846 investigations of mail theft. Those led to 173 arrests, 129 indictments or bills of information, 186 convictions and 484 administrative actions.
Published: Thursday, March 22, 2018 @ 10:12 PM
DAYTON — A 56-year-old man pinched a Dayton officer and threatened to bite him tonight during his arrest, according to a Dayton police report.
Officers on patrol reported finding Martin Eugene Flemings around 7:20 p.m. inside a garage that was boarded up by the city at 22 W. Hudson Ave.
According to the report, Flemings, who was possibly intoxicated, became belligerent after he found out his lighter shaped like a handgun would be placed in the property room. He began yelling and told an officer: “I’ll bite your nose off and spit it in your face,” the report stated.
Flemings then reached back and pinched the officer in the right thigh, according to the report.
Flemings was booked into the Montgomery County Jail on suspicion of menacing, resisting arrest and illegal entry into a nuisance premises. He also had a warrant for failing to appear on a drug possession charge, records show.
Published: Thursday, March 22, 2018 @ 5:08 PM
TIPP CITY — The Tipp City Exempted Village Schools said Thursday that a middle school student faces misdemeanor charges including aggravated menacing and disorderly conduct after he allegedly made written comments threatening intent to harm two adults within the building and to cause building destruction.
Tipp City police were notified and are investigating the incident. There were no injuries.
“The Tipp City Police Department does not deem the student to be an immediate threat to students, staff, or the community,” Superintendent Gretta Kumpf said in a written statement.
Kumpf said the district emphasized the police were confident there is no additional threat of harm from the incident. She said the student will remain out of school during the investigation.
Police said the threats were found in a classroom, turned over to administrators and a suspect identified. The juvenile admitted to writing the threats, police stated.
Police said charges were filed after contact with Miami County prosecutors. The student is charged with two counts of aggravated menacing and one count of disorderly conduct.
The student, a boy, is with parents but that could change, police said Thursday evening.
Parents were notified of the threats via a phone call, Liz Robbins, district community relations director, said.
Published: Thursday, March 22, 2018 @ 10:57 AM
Updated: Thursday, March 22, 2018 @ 10:57 AM
— The wrongful death civil rights lawsuit brought by John Crawford III’s parents against Beavercreek and Walmart has been scheduled for a February 2019 trial date, according to federal court records.
But the case could be split into two trials, if a federal judge grants a motion from the city of Beavercreek to separate the defendants.
Dayton’s U.S. District Court Judge Walter Rice scheduled the trial for Feb. 4, 2019 — a day shy of 4½ years after Crawford, 22, of Fairfield, was shot and killed by Beavercreek police officer Sean Williams in Walmart.
Beavercreek police responded after lone 911 caller Ronald Ritchie said he saw a black man carrying a rifle and waving it at people, including children. Police said Crawford, who was on his cell phone, didn’t respond to requests by Williams and Sgt. David Darkow to drop the item — a realistic-looking BB/pellet rifle he picked up from an open box in the store.
Crawford’s attorneys said Crawford had less than a second to hear and respond to anything officers said. Williams was cleared by a Greene County special grand jury in September 2014, and a federal investigation ended in 2017 without criminal charges.
Beavercreek attorneys filed a motion to split the case. They argued that the Beavercreek defendants are facing civil rights allegations such as excessive force, the police department’s supervision, training and control of its officers in circumstances requiring the use of force.
The Beavercreek attorneys said the Walmart defendants face state law claims involving issues of negligence and premises liability concerning the packaging, storage, shelving and safeguarding of pellet rifles.
“Due to the vastly different sets of facts supporting the claims against these sets of Defendants,” Beavercreek attorneys wrote, “severance of the claims and separate trials are appropriate.”
Rice has not ruled on the motion.
Published: Thursday, March 22, 2018 @ 4:05 PM
— An I-Team investigation has found local colleges and universities can accept convicted sex offenders as students but their classmates are unaware of those convictions. Daniel Schrand, the Sex Offender Registration and Notification officer for the Greene County Sheriff's Office, said offenders are required to notify the local sheriff of their status as a student. The official notification, though, ends there.
"The only person they have to tell is their local sheriff's office. If I have an offender who registers with me, his address, and goes to school in another county, he has to register the school with me and also the county that the school is in."
According to Schrand, nothing in state law requires the school or the other students to be told. That lack of disclosure is a concern to some students, including Sinclair creative writing major Chris Fohl. He does understand why they would be allowed to be admitted. "That would speak a lot about Sinclair, second chances and all of that," Fohl said.
Sinclair spokesman Adam Murka said safety is the college's number one goal. For several years the school has had a specific policy on the conditions for enrollment for convicted sex offenders. "We understand we have an obligation to provide a safe learning environment and we have an obligation since we have a daycare here on campus," Murka said. Sinclair's Police Chief, John Huber, said there are restrictions on where a student with a sex-related conviction can travel on campus. "We do not allow them to be in classrooms with minors if that's a condition of their probation and parole. They are not to have classes in building nine which is where our daycare center is," Huber said. He added that Sinclair has not had a problem with any students with a conviction.
Schrand said he voluntarily notifies Sinclair, Wright State University and other schools if an offender who registers with him lists themselves as a student at a local college. While Schrand supports direct notification for the schools, he does not want to make it impossible for them to attend college. That way, Schrand says, they can get a job and turn their lives around.
Would students mind going to class with a convicted sex offender? Sinclair student Karissa Hammond said she would be cautious but not prohibit a person with a conviction from attending school. "They do deserve a second chance but it does not mean you have to be blind to it. It doesn't mean you cannot be cautious around people."