Middletown mother found overdosed by 5-year-old pleads guilty

Published: Friday, May 19, 2017 @ 10:23 AM
Updated: Friday, May 19, 2017 @ 2:06 PM

UPDATE @ 2 p.m.:

Chelsie Marshall, the Middletown mother found overdosed Thursday with two children in her Hill Avenue home, has pleaded guilty to two counts of misdemeanor child endangering.

Marshall was arraigned this morning in Middletown Municipal Court along with Lee Johnson, who was also allegedly overdosed in the house and is facing child endangering charges. Visiting Judge Robert Messham Jr. upped bond against both to $50,000.

After consulting with her court-appointed attorney, Marshall pleaded guilty to both child endangering charges and was sentenced to 180 days in the Middletown City Jail, according to court officials. She was also fined $200. A disorderly conduct charge was dismissed.

Johnson remains housed in the Middletown jail in lieu of $50,000 bond. He is scheduled to be back in court next week for a pre-trial hearing.

INITIAL REPORT:

Bond was increased this morning for a Middletown man and woman who overdosed Thursday while two children, one an infant, were in their house.

Chelsie Marshall, 24, and Lee Johnson, 25, of Hill Avenue, are both charged with two counts of misdemeanor child endangering and disorderly conduct.

FIRST REPORT: Middletown boy, 5, alerts relatives after both parents overdose

A 5-year-old boy walked two blocks to his step-grandfather’s house at about 5 a.m. to say his parents were dead, according to Middletown police.

Officers found Marshall and Johnson overdosed on heroin. A 3-month-old girl was also found in the home, crying in a car seat in the living room, according to the police report.

5 THINGS TO KNOW: Heroin’s grip in Middletown

Visiting Middletown Municipal Court Judge Robert Messham Jr. said he did not believe the original bond of $7,500 was sufficient and raise bond for both Marshall and Johnson to $50,000.

Johnson, who had posted the previous lower bond and was sitting in the courtroom before his arraignment, was taken back to Middletown City Jail.

Marshall and Johnson both said they could not afford attorneys and one was appointed for them. Their next court date has not yet been set.

CRIME NEWS: Mom jailed on suspicion of shooting her 2 children

After they were found on the floor, Marshall and Johnson were revived by paramedics.

Johnson admitted to police that he was using heroin, according to a police report. He was handcuffed and placed in a police cruiser.

Officers found a white residue on a chair, which was collected and sent for analysis, according to the report.

WATCH: Middletown police chief calls boy ‘a little hero’

The situation could have been “10 times worse,” Middletown Police Chief Rodney Muterspaw said. “Anybody should be appalled.”

Officers brought the young boy and infant back to the police department after the incident. The boy was given a badge “for being so brave,” according to police.

Muterspaw called the boy “a little hero,” adding that it was dark and he was barefoot when he left the house.

Mom who police said killed her kids tied to second molestation report

Published: Wednesday, May 24, 2017 @ 12:30 PM

Claudena Helton faces charges related to the shooting deaths of two of her children.

The Dayton mother charged with shooting two of her children to death has been connected to a second report that her young son was molested.

Neither report was determined to have enough evidence for prosecutors to support charges.

Claudena M. Helton, 30, is accused of shooting 8-year-old Khmorra and 6-year-old Kaiden Helton in the head on May 18. Both children died Sunday at Dayton Children’s Hospital.

PREVIOUS: Dayton boy, allegedly killed by mom, claimed he was molested by school janitor

A Trotwood police report said her son claimed to have been the victim of a sexually related offense at his school last winter.

In February, Trotwood police opened an investigation after Kaiden said he was touched inappropriately by a school janitor, and that the janitor at Mother Brunner Catholic School sexually pleasured himself in front of Kaiden.

Legal authorities said this week that the complaint was investigated and charges were refused by prosecutors because of insufficient evidence.

RELATED: Affidavit details Boonshoft sex case allegations

An October 2015 Dayton police report from the Boonshoft Museum of Discovery lists Helton as the complainant.

A search warrant affidavit filed then said a 4-year-old boy reported to his mother that he had been touched sexually in a bathroom at the Boonshoft on Oct. 2, 2015.

The employee, whose name was not reported because no criminal charges had been filed, was placed on administrative leave during the investigation.

RELATED: Police investigate child sex allegation at Boonshoft

According to the affidavit, Dayton police Detective Elizabeth Alley said she spoke with a Dayton Children’s Hospital social worker on Oct. 5 about a 4-year-old boy’s report to his mother that he had been touched sexually in a bathroom at the Boonshoft on Oct. 2.

The social worker told Alley she spoke with the boy at a hospital emergency room.

The boy’s mother told the social worker her son came home from school that day upset and told her the employee gave him a bear hug while in the bathroom, “unzipped his pants, put his hands down [the child’s] pants” and touched his penis.

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The boy said that when he exited the bathroom, he told his teacher, who said she would call his mother, according to the affidavit.

Police searched the museum on Oct. 9, seizing several items including a desktop computer and the personal file of the accused employee, the affidavit said.

Calls seeking comment from the Montgomery County Prosecutor’s Office were not immediately returned.

Local agency warns about Blue Whale Challenge app

Published: Wednesday, May 24, 2017 @ 12:02 PM

DAYTON — Montgomery County Alcohol, Drug & Mental Health Services is cautioning residents about the Blue Whale Challenge app which they say is targeting youth and has been linked to the deaths of more than 100 people.

The app, created in 2013, has used horrifying videos to lure children into the app before psychologically manipulating them.

The app, which has been removed Apple’s iOS store and Google Play store, includes a 50-day challenge asking users to complete tasks that range from listening to music to causing self-harm.

RELATED: WARNING: Teens taking Blue Whale Challenge, a ‘game’ ending in suicide

The app also can be very difficult to remove once installed.

The app has been reported to hack into the user’s personal information that administrators use to threaten the player's family or releases personal information until the player ends his or her life.

Who are key players in Kettering homicide case of Fairmont teen?

Published: Wednesday, May 24, 2017 @ 8:31 AM


            Ronnie Bowers was shot to death Sept. 4, 2016, an innocent victim in a dispute between two groups of people, according to Kettering police.

Seventeen-year-old Kylen Jamal Gregory faces murder charges in the Kettering shooting death of Fairmont High School junior Ronnie Bowers last Labor Day weekend.

RELATED: Key points in homicide of Fairmont student

Depending on a judge’s decision, the Kettering defendant could face those charges in adult court. Since late October, prosecutors have sought adult charges in connection with the Sept. 4 shooting on Willowdale Avenue that – two days later when Bowers died – became Kettering’s first gun-related homicide since 2007.

RELATED: 12 on witness list in Kettering homicide of Fairmont teen

The case has revolved around Bowers and Gregory, who by all accounts were strangers. But for more than eight months, several other people have had an impact. They include:

-Two teen witnesses. Kettering residents ages 16 and 14 at the time of the shooting, both males testified under a sealed plea agreement. Both said they were with Gregory when a dispute occurred at AlterFest earlier that night between their group of five and Bowers’ friends.

RELATED: Police: Teens to face charges in Kettering shooting

Both said their group tracked Bowers – who neither knew - and his friends to Willowdale. Both said they saw Gregory fire a shot toward Bowers’ Lexus as the victim sought to drive away. They were sentenced to the maximum punishment and may stay in custody until turning 21.

RELATED: State seeks adult charges against teen in Kettering homicide

-Judge Anthony Capizzi. Has used a broad authority to keep all defendants in custody since hours after the shooting. He has repeatedly pointed out a desire to protect the community and to protect the defendants from the community.

RELATED: 2 teens strike plea deal to testify in Kettering homicide

-Benjamin Swift. Gregory’s counsel after the shooting, Swift sought a second psychological evaluation for his client. He also politely objected to the courtroom presence of something few – if any – court observers have ever seen: an urn holding the victim’s remains.

-Lynda Dodd. The lead prosecutor entered the case when it became apparent the county would seek to have Gregory’s case transferred to adult court. She has been the chief prosecutorial presence for most of the way.

RELATED: Two teens sentenced for role in Kettering homicide of Fairmont student

-Jessica Combs. The mother of the victim said shortly after her son’s death in September that she would seek to see that “justice is served.” Combs - along with several relatives and friends - has been a steady courtroom presence.

MORE: Other articles by Nick Blizzard

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Visiting judge assigned to UD football lawsuit alleging hazing

Published: Wednesday, May 24, 2017 @ 11:40 AM


            A visiting judge has been assigned to hear the case of a former University of Dayton football player suing the school for an alleged hazing incident that led to his cognitive brain injury. Two Montgomery County Common Pleas Court judges had asked to be disqualified from the case.
            STAFF/File

The Supreme Court of Ohio assigned a visiting judge to hear the case of former University of Dayton football player Max Engelhart, who is suing the school for alleged hazing that led to his cognitive brain injury. Two local judges had asked to be disqualified due to their ties to UD.

Former Sixth District Court of Appeals Judge Peter M. Handwork was assigned to the case by Chief Justice Maureen O’Connor, according to Montgomery County Common Pleas Court records.

PREVIOUS: Second judge asks to be disqualified from UD hazing lawsuit

Handwork spent 30 years at the appellate court, retiring in 2013. He earned his law degree from the University of Toledo in 1966, working as an assistant U.S. attorney and then as a Lucas County Common Pleas Court judge in 1977, according to Ballotpedia.

Engelhart sued the school in December, claiming that a cognitive brain injury he sustained was due to a “Mad Dogs” or “Mad Caps” hazing ritual.

RELATED: UD asks judge to dismiss football ‘hazing’ lawsuit

In January, Montgomery County Common Pleas Court Judge Dennis Langer asked to be removed from the case. Langer said he teaches and is paid by UD — which could be seen as a conflict of interest. His removal was approved by Judge Mary Katherine Huffman.

Three months after Langer’s request, Judge Steven Dankof requested to be removed, writing that, “Judge Dankof has potential conflict of interest with defendants.”

RELATED: UD sued for alleged 2014 football hazing incident

Engelhart claims he was forced to chug high-alcohol drinks as part of an initiation to the UD football team more than two years ago. Defendants include UD football coach Rick Chamberlin, strength coach Jared Phillips and others.

Engelhart, then a 6-foot-1, 270-pound offensive lineman, woke up Dec. 8, 2014 covered in his own vomit, feces and urine and with a headache later diagnosed by UD’s team physician as a concussion, according to the lawsuit.

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Engelhart claims he quit football, left the university and has been prescribed a medicine typically given to Alzheimer’s and dementia patients.

In his amended complaint, Engelhart claims hazing violations, negligence, intentional and negligent infliction of emotional distress and civil conspiracy to cover up allegations of hazing.

Handwork has scheduled a June 1 telephone scheduling conference in the case.