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Published: Wednesday, June 11, 2014 @ 2:54 PM
Updated: Thursday, June 12, 2014 @ 1:32 PM
HAMILTON — A Hamilton man who admitted last year to having sex with a pool raft has been arrested again for the same alleged behavior.
Edwin Tobergta, 35, of Harmon Avenue, was charged today with felony public indecency after a passerby observed him nude having simulated sex with a pink life raft at about 8 a.m. on Ohio 4, according to the Hamilton police report.
According to a 911 call, a man passing by the Wendell Greene Motors lot at 698 Dixie Hwy. said he saw “a guy back here naked having sex or something with something.”
Last November, Tobergta was sentenced to prison for 11 months by Butler County Judge Charles Pater after pleading guilty to public indecency for also having sex with a pool raft while in public view.
Tobergta was released from prison on May 17 and placed on five years parole, according to the Ohio Department of Rehabilitation and Corrections website.
Before he was sentenced last year, Tobergta begged Pater not to send him to prison.
“I do want to apologize for my actions,” Tobergta said. “I’m sorry. I do deal with mental issues, and if court would give me this chance for this program, sir, I would give it 100 percent. I’m ready to get my life together and quit all this nonsense.”
Tobergta, who has eight previous arrests, was arrested in June 2013 after stepping out his back door naked and having “sexual relations with a rubber pool float,” according to a Hamilton police report.
A 10-year-old neighbor enjoying her new swimming pool observed the act.
In August 2011, Tobergta was arrested at his home after he was seen engaging in sexual conduct with a pink inflatable swimming pool raft, according to police records.
Following a 2008 conviction for felony public indecency, Tobergta was sentenced to five years of community control.
In that incident, officers responded to a home for a report of a naked man standing in a neighbor’s yard and engaging in sexual activity, according to records.
Published: Tuesday, January 23, 2018 @ 1:54 AM
BOYNTON BEACH, Fla. — An 81-year-old woman suffered minor injuries after she lost control of her Toyota Solara and backed into the glass windows of a McDonald’s west of Boynton Beach, Florida, according to the Palm Beach County Sheriff’s Office.
The woman will be charged with careless driving, PBSO spokesperson Teri Barbera said Monday.
The crash happened around 3:30 p.m. at Military Trail and Boynton Beach Boulevard when the woman backed up and inadvertently drove through the window.
“Glass flew everywhere,” said a witness, who said she was drinking a soda inside when the car plowed through the window.
The witness, who asked not to be identified, said the glass cut her fingers. She said the driver then drove forward and hit her parked Volkswagen. The driver continued about 150 feet and hit a tree next to a canal, Barbera said.
Published: Monday, January 22, 2018 @ 9:33 AM
Updated: Monday, January 22, 2018 @ 1:04 PM
LAKE WALES, Fla. —
Lake Wales police are searching for those responsible for igniting two marine flares Sunday evening near the entrance of the JC Penney at the Eagle Ridge Mall Sunday evening.
Firefighters responded to reports of an explosion at the mall on 451 Eagle Ridge Drive around 5:20 p.m.
Firefighters initially said that an improvised explosive device had been detonated in a corridor located next to the mall entrance of JC Penney.
Improvised explosive device detonated near JC Penney at Lake Wales mall https://t.co/4lXFZKQkr6— WFTV Eyewitness News (@WFTV) January 22, 2018
The FBI later determined that there was no explosion and no pipe bombs were discovered. Officials also said that the incident didn’t appear to be terrorism-related.
"It appears two items, believed to be marine flares, were ignited in a mall hallway, creating a large amount of smoke, and a backpack was located at the scene," said Andrea Aprea, an FBI spokeswoman. "Bomb technicians examined the contents of the backpack and determined it did not contain any incendiary or explosive devices."
A witness who called 911 told WFTV that she heard a fire alarm sound and saw orange smoke billowing from an object.
The mall was evacuated. No one was injured, but a ceiling and a wall were damaged by the flares, officials said.
After speaking with witnesses, police said they are looking for a person of interest described as a stocky, middle-aged white man wearing a gray shirt and a hat.
Detectives said they will review surveillance footage recorded at a jewelry store in the mall.
Published: Monday, January 22, 2018 @ 4:45 PM
— An inmate died in the Montgomery County Jail early Monday from undetermined causes, according to the Montgomery County Sheriff’s and Coroner’s offices.
Dillon Abplanalp, 28, was found unresponsive at 4:17 a.m. and could not be revived by Dayton Fire Department EMS crews. He was pronounced dead a short time later by the county coroner, said Maj. Matt Haines, the jail administrator.
Haines said Abplanalp was discovered by a corrections officer during an inmate count and wellness check. The officer called for a supervisor and medical personnel, he said.
The Montgomery County Coroner’s office conducted an autopsy Monday, but a cause and manner of death were not yet determined, a spokesman said. Toxicology results are also pending.
During the last six years, at least five other inmates have died in the jail or in a hospital shortly after being removed from the jail, according to Daily News records.
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Haines said Abplanalp’s death did not appear to be caused by drugs smuggled into the jail, a constant threat that led the jail to recently install a full-body scanner that will soon become operational.
“I have no reason at this time to believe it was an overdose,” Haines said. “It appears to have been a medical emergency. There may have been multiple factors.”
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Abplanalp was confined in a cell by himself on the first floor, making it unlikely another inmate had a role in the death, Haines said.
Published: Monday, January 22, 2018 @ 3:47 PM
The civil lawsuit of a former Montgomery County Jail inmate who was denied a mattress could reach a federal jury Tuesday.
Testimony wrapped up just after noon in David O. Cooper’s lawsuit against Montgomery County in Dayton’s U.S. District Court.
U.S. District Court Judge Walter Rice released jurors until Tuesday morning, when Rice said jury instructions and closing arguments will commence.
Defendants rested earlier Monday before Cooper took the stand as a rebuttal witness. His attorney, John Helbling, asked Cooper about the conditions of his stay including how often he was able to shower, what the meal schedule was and the night he and other inmates in the holding cells were given hard mats.
Cooper said the mat he received in late September or early October 2012 was inflexible and had no stitching. Cooper also said he never tried to harm himself with the mattresses he had while in general population.
The defendants include Montgomery County, former jail commander Major Daryl Wilson and Capt. Chuck Crosby. Helbling suggested in opening statements that if jurors found the county liable that they could reward damages between $3 million and $4 million.
Court documents indicate the county argues that Cooper’s incarceration conditions do not rise to liability.
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.
JUSTICE IN THE JAILHOUSE: Lawsuits, accusations plague region’s county jails