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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.

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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

Police: Self-professed ‘voodoo priest’ arrested in death of Ollie the pit bull

Published: Thursday, November 23, 2017 @ 1:11 PM

Brendan Evans, 31, was charged with aggravated animal cruelty.
Palm Beach Post
Brendan Evans, 31, was charged with aggravated animal cruelty.(Palm Beach Post)

A man, who Florida detectives believe fatally stabbed and left a pit bull named Ollie in a suitcase is behind bars.

Brendan Evans, 31, was charged with aggravated animal cruelty Wednesday, the Palm Beach Post reported. 

>> Read more trending news

>> Ollie the pit bull, found beaten, stuffed in suitcase, dies

Hollywood police said that DNA evidence left on the suitcase is what linked Evans to the Oct. 11 crime, where Ollie was found behind an abandoned building with 30 stab wounds and died days later. 

During the investigation, Evans allegedly told police that he was “a voodoo priest” and it was “his right to kill” animals if he wanted, according to WPLG

>> Stabbed, beaten dog found inside suitcase in Florida

Detectives reportedly found rats with their scalps removed, cat paws and blood in Evans’ refrigerator, the Palm Beach Post reported. There was also a CrimeStoppers poster of Ollie ripped in two, WPLG reported.  

“We will not tolerate any form of animal cruelty or violence in our city. Each reported case of animal cruelty, be it physical abuse or neglect, is disturbing, and this case is particularly heartbreaking,” said Acting Police Chief Chris O'Brien. “We were all pulling for Ollie to survive, but unfortunately he didn't make it. However, due to our investigation, we are now able to provide justice for Ollie.” 

>> See who was recently booked into the Palm Beach County Jail  

Man cited after fight with older man over handicap parking space

Published: Thursday, November 23, 2017 @ 10:17 AM

A Massachusetts man was cited after a dispute over a handicap parking space.
Boston25News.com
A Massachusetts man was cited after a dispute over a handicap parking space.(Boston25News.com)

An altercation over a handicap parking space in front of a Boston Market was caught on camera Wednesday afternoon.

The 11-second video, which was shared across Facebook and with Boston 25 News, shows a younger man push an older man, knocking him to the ground.

The altercation started because the younger man, who isn’t being identified because he isn’t facing criminal charges, was sitting in his truck in a handicap parking spot.

When the older man approached him with his handicap placard in hand and asked for the space, things turned physical.

>> Read more trending news

“All he said was ‘my car is running and I’m allowed to sit here,’” Marcie, the woman who recorded the video, told Boston 25 News. “The word entitled is exactly what came to my mind at the beginning.”

In the video, Marcie can be heard telling the men she recorded what happened and was going to call 911, but that apparently didn’t stop it from continuing.

“After the older gentleman was on the ground, he got back up and they started to fight again, actually worse. I wish I got that (on) film,” she said.

The Swampscott Police Department tell Boston 25 News officers responded to the altercation. Officers say the man who was knocked to the ground declined to press charges, but the younger man was issued a citation for illegally parking in a handicap spot.

Xenia man is fatality in 3-vehicle Greene County crash, OSHP says

Published: Wednesday, November 22, 2017 @ 12:54 PM
Updated: Wednesday, November 22, 2017 @ 7:20 PM

SKY 7 FOOTAGE: Driver, dog killed in 3-vehicle crash in Greene County

Authorities have identified the man who died in a three-vehicle accident in Greene County Wednesday afternoon.

Zachary McDaniel, 25, died at the scene of the crash at Clifton Road and State Route 72, the Ohio State Highway Patrol said in a statement.

Check the Thanksgiving Travel Forecast for the region

One of two dogs in the vehicle with him was killed as well. 

He was wearing a seat belt when he drove his white Isuzu Rodeo onto 72 from Clifton Road and was hit by a Ford dump truck headed south on 72.

McDaniel’s vehicle continued forward after impact and struck a semitrailer headed north on 72.

Robert Thornton Sr., 73, of Dayton, was driving the dump truck. He was checked at the scene for injuries.

Waylon Throckmorton, 35, of Lucasville, the driver of the semitrailer, was not injured.

Alcohol and/or drugs do not appear to be factors in the crash, which remains under investigation, according to the state patrol.

A medical helicopter was initially placed on standby.

S.R. 72 and S. River Rd. in Miami Twp. in Greene County. A three vehicle crash is reported. Google Map
Man, dog killed in Greene County crash

Paid suspension for local teacher accused in fatal hit-and-run crash

Published: Monday, November 20, 2017 @ 5:41 PM
Updated: Tuesday, November 21, 2017 @ 6:52 AM

Kristine Baggs was arraigned in Clark County Common Pleas Court.

UPDATE @ 1:00p.m. (Nov. 22):

Kristine Baggs, a Kenton Ridge High School science teacher, has been put on paid administrative suspension according to Northeastern School District officials Wednesday after making her first court appearance.

Baggs is facing charges related to a deadly hit and run pedestrian accident that killed Lawrence Mason, 45, of Medway, in September 2016.

The Ohio Attorney General prosecutor on the case against Baggs spoke about the charges filed against the educator in court Wednesday. 

Paid suspension for local teacher accused in fatal hit-and-run crash

“These are very serious charges,” prosecutor Leigh Bayer said. 

She asked the court to handle Kristine Baggs’ case like the court has handled similar cases in Clark County. 

"There was a victim who died as a result of being hit by a car driven by Ms. Baggs," Bayer said in court. "And the car was hidden from view several days afterward." 

She also asked that Baggs not be allowed in any establishment that serves alcohol as a condition of her bond. 

Baggs doesn’t admit to the allegations, her defense attorney Richard Mayhall said in court. He asked the court to release her on her own recognizance bond. 

“She has been employed as a teacher in Clark County for the last 15 years,” Mayhall said. “She’s married, she has two children, she has no prior record. Since this incident occurred nearly 15 months ago, she has had no other allegations.” 

A magistrate set Baggs’ bond at $100,000. 

UPDATE @ 12:00 p.m. (Nov. 22):

Kristine Baggs, a Kenton Ridge High School science teacher, has been put on paid administrative suspension according to Northeastern School District officials Wednesday.

Baggs made her first court appearance Wednesday morning on charges related to a deadly hit and run pedestrian accident that killed Lawrence Mason, 45, of Medway, in September 2016.

UPDATE @ 10:57 a.m. (Nov. 22):

Kristine M. Baggs appeared in court Wednesday morning for her arraignment.

Baggs pleaded not guilty and bond was set at $100,000.

UPDATE @ 6:53 a.m. (Nov. 21)

Our newsroom is working to gather more information on the arrest of Kristine M. Baggs, 40, of Springfield. She was booked into Clark County Jail Monday afternoon around 5 p.m. 

Kristine Baggs (Contributed Photo)

She is listed as a teacher in family and consumer science at Kenton Ridge High School. She made $52,788 in 2016, according to the Dayton Daily News and Springfield News-Sun Payroll Project.

EARLIER REPORT (Nov. 20)

A Northeastern School District teacher has been indicted in a deadly hit and run pedestrian accident that killed a man standing on North Tecumseh Road in Bethel Twp. last year.

Kristine Baggs is charged with failure to stop after an accident, tampering with evidence and two counts of vehicular manslaughter, according to the Clark County Common Pleas Court website. 

Lawrence J. Mason, 45, of Medway was struck and killed by a silver 2015 Dodge Durango in September 2016, according to an Ohio State Highway Patrol crash report. The vehicle and driver left the scene, according to investigators.

The vehicle was later traced to the Baggs family, and Mason’s family filed a wrongful death lawsuit.

Baggs was arrested Monday afternoon, more than a year after the deadly accident.

"I'm hoping the family may have some justice for their loved one with Ms. Baggs going to jail for this indictment and charges," said Lt. Brian Aller, commander of the Ohio State Highway Patrol's Springfield post. 

Kristine Baggs is a teacher in the Northeastern School District, Superintendent John Kronour said. 

Kronour said he couldn't comment until he knows more about the situation. 

She hasn't been suspended or put on leave at this time. 

"Not yet, but I anticipate that might be forthcoming," Kronour said.