breaking news

breaking news


Montgomery County voting to settle another lawsuit against jail

Published: Tuesday, November 07, 2017 @ 10:21 AM


            Darryl Wallace
Darryl Wallace

The Montgomery County Board of Commissioners will vote later this month to approve a $58,000 payment that would settle former inmate Darryl Wallace’s civil lawsuit against the county and the jail.

The proposed settlement would be at least the third in a recent spate of civil rights lawsuits filed in Dayton’s U.S. District Court against the county and jail. The three settlements total $508,000. Several more lawsuits are pending against the county.

VIDEO: Surveillance camera catches altercation between inmate and officer

Wallace claimed that now-fired corrections officer Jerrid Campbell “viciously beat” Wallace with impunity, according to court records. The Sept. 28, 2015, altercation was captured on surveillance video.

The Montgomery County Sheriff’s Office has said it tried to prosecute Campbell, but that charges were not approved by prosecutors.

A 156-page internal investigation obtained by this news organization through the Ohio open records law shows the case against Campbell was presented to the prosecutor’s officeon Nov. 5, 2015.

The assistant prosecutor handling the case wrote that there was “insufficient evidence to charge any felony” noting that Campbell was the only officer in D-Pod and that the detective who presented the case agreed with the ”refusal” to prosecute.

The civil rights, excessive force lawsuit claimed that Wallace complained to Campbell that his cell’s hot water wasn’t working and Campbell refused to call maintenance.

I-TEAM SPECIAL PROJECT: Justice in the Jailhouse

Wallace called Campbell a name, the lawsuit said, and walked away before Campbell ordered him to stop and shoved Wallace to the ground.

“Campbell then pummeled Mr. Wallace with punch after punch while holding handcuffs and using them like brass knuckles,” Wallace’s attorney’s wrote. “(Wallace) was bleeding from his scalp.”

Wallace claimed he regularly experiences migraine headaches so bad “it feels like his forehead swells, the pain paralyzes him, and he vomits.” The suit also said Wallace’s vision has worsened since the incident.

Campbell argued that he acted appropriately given the situation, according to the sheriff’s office internal investigation.

SOCIAL MEDIA: Follow Mark Gokavi on Twitter or Facebook

Montgomery County Sheriff Phil Plummer has said Campbell was fired for “violations of numerous policies.”

According to sheriff’s office documents, those violations included: using racist slurs against Plummer and other command staff members; failing to allow an inmate access to a dentist; two violations of use of force; an inappropriate Facebook post about a co-worker, making inaccurate and untruthful statements to the Dayton Daily News; making similar statements to the Dayton Weekly News.

Campbell was initially suspended a total of 23 days for those alleged violations, and eventually was fired.

MORE: Read other stories from Mark Gokavi

Campbell didn’t comment when the lawsuit was filed but has said he was fired “for exposing the segregation in the jail and for writing a complaint against Phil Plummer plus the rest of his racist command staff for creating a racist atmosphere towards black officer (sic) and threatening (other officers) for speaking out against racism.”

Montgomery County paid $375,000 to settle a suit brought by Amber Swink, who was pepper-sprayed while in restraints. The county also paid $75,000 to Marsha Pate-Strickland, who claimed a corrections officer violently threw her to the floor after refusing her request for milk instead of juice.

“A settlement, approved by Sheriff Plummer, between him, Montgomery County, and the plaintiff has been reached,” a statement from the Montgomery County Prosecutor’s Office read. “However, the necessary documents have not yet been signed by all of the parties or filed with the court.”

“I hope Mr. Wallace can move on and live a great, productive life for himself and his family,” Campbell said when reached by this news organization.

Montgomery County Jail lawsuit settlements

Three lawsuits of at least 10 pending cases against Montgomery County Jail staff have been settled out of court. Several more are pending, according to attorneys who have brought other suits.

Amber Swink: $375,000

Marsha Pate-Strickland: $75,000

Darryl Wallace: $58,000*

* — to be voted on Nov. 14 by county commissioners

Trending - Most Read Stories

You could lose your tax refund with this latest IRS scam

Published: Tuesday, February 20, 2018 @ 12:19 PM

A sneaky new scam involving tax refunds is growing, and it means you need to keep a close eye on your bank account.

There are several variations of the scam: unexpected refund deposits to your bank account using compromised bank routing information, suspicious paper checks coming in the mail and, in one case reported in Maryland, it appeared a fraudulent refund check had been deposited using a smartphone. 

Bon-Ton going-out-of-business sales start at stores this week

According to the IRS, the victim will then receive a call or recorded message saying they need to return the funds to a collection agency-which is actually the scam account. 

If you pay the scammers, you will get a double whammy hit to your bank account when the IRS or your bank realize that the deposit was bogus and withdraws the funds.

The number of victims jumped from a few hundred to a few thousand in just days, after more tax practitioner data breaches, according to the IRS.

Chipotle testing new ‘trendy’ menu option  

The IRS has these recommendations to avoid getting scammed:

If you notice a suspicious deposit, contact your bank to have the money returned to the IRS and call the IRS at 800-829-1040. 

If you receive a paper check, write “void” in the endorsement field on the back and return it to the location printed on the check. 

If you mistakenly cashed the erroneous refund check, submit a check for the full amount to the IRS location near you. 
  • ANDOVER – Internal Revenue Service, 310 Lowell Street, Andover MA 01810
  • ATLANTA – Internal Revenue Service, 4800 Buford Highway, Chamblee GA 30341
  • AUSTIN – Internal Revenue Service, 3651 South Interregional Highway 35, Austin TX 78741
  • BRKHAVN – Internal Revenue Service, 5000 Corporate Ct., Holtsville NY 11742
  • CNCNATI – Internal Revenue Service, 201 West Rivercenter Blvd., Covington KY 41011
  • FRESNO – Internal Revenue Service, 5045 East Butler Avenue, Fresno CA 93727
  • KANS CY – Internal Revenue Service, 333 W. Pershing Road, Kansas City MO 64108-4302
  • MEMPHIS – Internal Revenue Service, 5333 Getwell Road, Memphis TN 38118
  • OGDEN – Internal Revenue Service, 1973 Rulon White Blvd., Ogden UT 84201
  • PHILA – Internal Revenue Service, 2970 Market St., Philadelphia PA 19104

Trending - Most Read Stories

Police: Two charged following fight and lockdown at Middletown High School

Published: Tuesday, February 20, 2018 @ 11:49 AM


            Middletown High School was on lockdown Friday afternoon after an altercation in the school and students thought one boy may go home and get a gun.
Middletown High School was on lockdown Friday afternoon after an altercation in the school and students thought one boy may go home and get a gun.

Two Middletown High School students were charged with disorderly conduct after a disturbance Friday in the school that caused a lockdowns at multiple schools, Middletown police said.

After the fight, someone in the crowd yelled: “He’s probably going to get a gun,” according to Maj. Scott Reeve from the Middletown Division of Police.

RELATED: Lockdown lifted on Middletown schools

But police don’t believe anyone “threatened” to get a gun, Reeve said.

FROM THURSDAY: Snapchat post that he could ‘beat’ Florida shootings caused Ross student to be charged

The alleged comment was reported by students to school officials, who immediately informed police, causing a rush to the school. Police then closed down the school’s doors, keeping anyone from leaving or coming in, Reeve said.

Some school parents rushed to the school and were distraught in the Middletown High School parking lot because they could not enter the building to pick up their children.

Trending - Most Read Stories

Police rarely called to Middletown bar where man was hit, later died

Published: Tuesday, February 20, 2018 @ 11:10 AM


            Middletown police have been called to the Old Crow Bar, 1217 Jackson Lane, three times this year, according to police records. RICK McCRABB/STAFF
Middletown police have been called to the Old Crow Bar, 1217 Jackson Lane, three times this year, according to police records. RICK McCRABB/STAFF

Middletown police rarely respond to call for service at a Middletown bar where a man was punched and later died Saturday, according to police reports.

Police have been called to Old Crow Bar, 1217 Jackson Lane, three times this year, for reports of a bad check, possible OVI arrest and for Saturday’s incident.

RELATED: Police: Middletown man died after being punched and falling off stage

John W. Fugate, 46, a musician who booked bands at the Old Crow Bar, died Saturday morning after an incident in the Middletown bar, according to Middletown police and friends.

Fugate allegedly was punched while he was standing on stage around 1 a.m. Saturday, said Maj. Scott Reeve from the Middletown Division of Police. Fugate fell backward off the stage and hit his head on the concrete floor, Reeve said. He was unconscious when police arrived at 1:18 a.m., Reeve said. Fugate was transported to Miami Valley Hospital in Dayton, where he died Saturday, police said.

Reeve said police know who allegedly punched Fugate, but no charges have been filed. After the investigation is complete, the facts will be presented to the Butler County Grand Jury for consideration, Reeve said.

In 2017, police responded to the bar once for a possible drunk patron on Sept. 15, according to police reports.

Police were called to the bar four times in 2016 for reports of domestic dispute, drugs, public disturbance and breaking and entering.

Reeve said Old Crow has changed management a few times, and while it was “a problem at times,” it’s not causing a nuisance now.

Fugate’s autopsy was performed by the Montgomery County Coroner’s Office, but results have not been released, officials said.

Trending - Most Read Stories

Two Warren County school threat cases in court today

Published: Tuesday, February 20, 2018 @ 10:17 AM


            Juvenile Court Judge Joe Kirby during an earlier school threat case in Warren County.
Juvenile Court Judge Joe Kirby during an earlier school threat case in Warren County.

Two Warren County boys in detention are scheduled to appear today in juvenile court in connection with alleged school threat cases.

One boy, 17, of Turtlecreek Twp. is charged with inducing panic by texting, “THAT’S IT IM GONNA SHOOT UP A SCHOOL I CAN’T TAKE IT ANYMORE” to friends on Feb. 15.

RELATED: Lebanon High School student accused of threatening another student with social media

This case stems from an incident reported on Friday night by Lebanon City Schools involving a student threatening a student in another district using social media.

He is scheduled to appear at 1 p.m. in the Warren County Juvenile Court.

MORE: Ross High student held over alleged social media threat

Another juvenile is scheduled for a 1:30 p.m. hearing on charges including inducing panic and intimidation of a witness in the court in Lebanon, according to court officials.

MORE: Bomb threats plaguing Warren County schools again

No complaint has been filed in this case.

We will continue to gather information and update this story as new details come out.

Trending - Most Read Stories