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Published: Friday, December 22, 2017 @ 8:18 AM
Updated: Friday, December 22, 2017 @ 9:35 AM
DAYTON — Over 30 headstones were damaged after a driver crashed through a fence at the Dayton VA cemetery Friday morning and fled the scene.
The crash was reported around 7:30 a.m. Friday on South Gettysburg Avenue south of West Third Street.
In addition to the 30 headstones damaged, crews on scene said two sections of fencing and a tree were also damaged in the crash.
Officials estimate it will take at least six weeks to clean up the damage and make repairs.
Police did not have any additional details and it is unknown if investigators have a suspected driver.
Published: Monday, January 22, 2018 @ 12:41 PM
Updated: Tuesday, January 23, 2018 @ 1:59 PM
UPDATE 1 p.m. Jan. 23:
The wrongful death lawsuit of a man who died in a Washington Twp. trench during construction of a home has been reactivated.
Montgomery County Common Pleas Court Judge Erik Blaine ruled Monday that the case involving the death of James Rogers can go forward without defendant Timothy Scott Dickey, who has filed for Chapter 7 in Dayton’s U.S. Bankruptcy Court.
The attorney for Tara Brown, Craig Matthews, said Monday that Dickey’s portion of the lawsuit can be determined after his personal bankruptcy proceedings are over and that Dickey’s company, South Dayton Builders and Remodelers, Inc., has not declared bankruptcy even though it has shut down.
The wrongful death lawsuit filed by the sister of a man “buried alive” when a Washington Twp. trench collapsed in June 2016 is on hold because one of the defendants has filed bankruptcy.
Montgomery County Common Pleas Court Judge Erik Blaine dismissed the case involving the death of James B. Rogers, 33, of Winchester, because South Dayton Builders and Remodelers Inc. owner Timothy Scott Dickey filed for Chapter 7 in Dayton’s U.S. Bankruptcy Court.
Rogers’ sister, Tara Brown, filed the suit in late November against the house’s developer, contractor and a subcontractor.
Blaine ruled that the suit can be reactivated when the bankruptcy case is complete.
“The family understands the legal process can move slowly but remains confident justice will be served,” said Brown’s attorney, Craig Matthews.
Rogers died June 15, 2016, after a 12-foot deep trench collapsed on him while working for KRW Plumbing of Jamestown, a company that had a trench collapse about a month earlier at another job site, according to Occupational Safety and Health Administrations (OSHA) records.
Emergency personnel worked for nearly seven hours to extricate Rogers’ body at 463 Claxton Glen near Marshall Road.
The named defendants are Dickey, KRW Plumbing and its owner Richard S. “Rick” Williams and real estate developer and investor Donald C. Wright.
Wright owned the lot and South Dayton Builders and Remodelers hired KRW Plumbing, according to the complaint.
Matthews already has filed a motion to reactivate the case but Blaine has not yet ruled on it.
In his bankruptcy filing, Dickey checked boxes indicating he had between 100 and 199 creditors, had assets from $100,001-$500,000 and liabilities from $500,001 to $1 million.
Specifically, Dickey wrote that he had $136,197 in assets, liabilities of $620,195 and a monthly income of $5,156.
Messages seeking comment have been left with attorneys for KRW Plumbing and Don Wright.
KRW’s attorney denied the plaintiff’s substantive allegations in an answer filed in court.
Don Wright’s attorney denied the plaintiff’s substantive allegations in an answer and cross-claim, writing that Rogers’ death is “the direct and proximate result of the negligence and/or intervening and superseding acts and/or omissions of named or unnamed defendants and/or third parties over whom this answering Defendant had no direction or control.”
Wright’s attorney wrote that any liability found in Brown’s favor is solely that of the other named defendants.
Dickey has no defense attorney listed in court dockets, but a message seeking comment was sent to his bankruptcy lawyer.
Published: Tuesday, January 23, 2018 @ 12:26 PM
— Social media company Snapchat has become a part of the case against a former Miamisburg teacher indicted on charges of sexual battery and unlawful sexual conduct with a minor student.
The company — with an app that allows users to send images to friends — is among those named in subpoenas in preparation for the April trial of Jessica Langford, 32, of Centerville.
Langford, who taught at Miamisburg Middle School before resigning in the spring, was indicted Nov. 14 on three counts of sexual battery and three counts of unlawful sexual conduct with a minor. On Nov. 21, she pleaded not guilty to all counts and has remained free on conditional recognizance, court records show.
The Venice, Calif.-based Snapchat was the subject of a subpoena issued last week. The subpoena seeks a “custodian of records” to be prepared to testify at the trial.
Court records state Langford is accused of performing oral sex on and receiving oral sex from a teenage Miamisburg Middle School student in late May.
Langford is also accused of having intercourse with the teen, according to the documents filed by the Montgomery County Prosecutor’s Office.
The document was a response to Langford’s request that prosecutors name her accuser and provide specific allegations she faces.
The prosecutor’s office identifies the alleged victim only by initials.
Langford resigned from Miamisburg schools May 24, shortly after being informed of the allegations, according to school district records.
-MORE COVERAGE ON THIS ISSUE:
Published: Tuesday, January 23, 2018 @ 1:25 PM
Moraine Police arrest records show how Dillon Abplanalp ended up in the Montgomery County Jail, where he died in custody Monday, though it may be weeks before the official cause of his death is determined.
Two Moraine police officers responded just before 7 p.m. on Jan. 14 to the McDonald’s on West Dorothy Lane, where employees reported a male in a tan Cadillac Seville passed out in the drive-thru lane.
The man police later identified as Abplanalp, 28, was unresponsive but woke up as officers repeatedly knocked on the car’s windows, which were locked.
Both officers wrote in a police report that they saw evidence of syringes visible in the car.
A search of the car and Abplanalp’s pockets turned up 38 syringes, 12 grams of heroin and a stolen 9 mm Taurus semi-automatic handgun loaded with hollow-point bullets, according to the police report.
Abplanalp was arrested for possession of drugs, receiving stolen property, carrying concealed weapons and having weapons under disability because of a prior felony conviction. He was also cited for have a fictitious car registration and no driver’s license.
The address given for Abplanalp on the police report corresponds to a homeless shelter, the St. Vincent de Paul Gateway Shelter for Men at 1921 S. Gettysburg Ave.
Abplanalp was transported to the county jail, where he died eight days later.
A preliminary hearing for Abplanalp, was scheduled for today in Kettering Municipal Court, but the case was dismissed because of his death.
Published: Tuesday, January 23, 2018 @ 1:20 PM
MIDDLETOWN — A Middletown man told police he used heroin while in a bathroom of a Middletown medical facility Monday afternoon.
Brandon Perdue was charged with possession of drug paraphernalia and he was transported to Atrium Medical Center for evaluation, according to the police report.
Around noon on Monday, police responded to Centerpoint Health, 231 N. Breiel Blvd., on a report that a man may be using drugs in the bathroom. After Perdue left the bathroom, medical staff said they smelled a “strange odor” believed to be narcotics, the report said.
When police arrived, Perdue allegedly was back in the restroom. When police knocked on the door, they heard the toilet flushing and water running, and Perdue would not open the door.
Police unlocked the door and placed Perdue in handcuffs. He had blood on his hands, and he was “clearly under the influence” of a narcotic, the report said.