OVI check: Passenger zooms off in car, crashes as driver takes sobriety tests

Published: Friday, December 15, 2017 @ 10:47 PM

Dayton OVI crash

A passenger in a car detained at an OVI checkpoint Friday night hopped in the driver’s seat, took off and crashed into a pole while the driver was taking a sobriety test.

The driver was held for testing around 10 p.m. at a Montgomery County OVI Task Force check in the area of Salem and Hillcrest avenues in Dayton.

That’s when one of his two passengers got in the driver’s seat and drove off, Sgt. Matt Robinson of the Ohio State Highway Patrol’s Dayton Post said.

The four-door sedan then crashed into a pole in the 3300 block of North Main Street. The car glanced off the pole into the middle of the street, blocking the southbound lanes of North Main Street, which was covered in debris.

The two occupants bailed and evaded capture. However, the detained driver provided police with their names.

Law enforcement that responded to the scene included the highway patrol, Dayton police and Montgomery County deputies.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com.

Judge: Trench death lawsuit can move forward

Published: Monday, January 22, 2018 @ 12:41 PM
Updated: Tuesday, January 23, 2018 @ 1:59 PM


            James Rogers
James Rogers

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.

EARLIER

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.

RELATED: Sister of man ‘buried alive’ files suit in Washington Twp. trench death

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.

RELATED: Family of man who died in trench explores legal options

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.

RELATED: Report: Owner ‘did not tell truth’ about hole where worker died

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.

RELATED: ‘It’s getting deep,’ man texted before death in trench

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.

RELATED: Body of worker trapped in trench found, removed

Dickey has no defense attorney listed in court dockets, but a message seeking comment was sent to his bankruptcy lawyer.

SOCIAL MEDIA: Follow Mark Gokavi on Twitter or Facebook

MORE: Read other stories from Mark Gokavi

Snapchat subpoenaed in ex-Miamisburg teacher’s teen sex charges

Published: Tuesday, January 23, 2018 @ 12:26 PM

Ex-Miamisburg teacher indicted for having sex with student

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.

RELATED: See who may testify in trial of ex-Miamisburg teacher facing teen sex charges

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.

Jessica Langford(Staff Writer)

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.

RELATED: New details in indicted ex-Miamisburg teacher’s teen sex charges

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.

RELATED: Indicted ex-Miamisburg teacher seeks teen accuser’s name, details of sex charges

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:

RELATED: Ex-Miamisburg Middle School teacher pleads not guilty to sexual conduct with student

RELATED: Sex-with-student cases swamp area schools

RELATED: Ex-Miamisburg Middle School student indicted on sex charge with student

RELATED: Five cases of alleged improper conduct of teachers

RELATED: Sex claim involving student led to paid leave, teacher resignation

Police: Man who died in jail was arrested with 38 syringes, stolen gun

Published: Tuesday, January 23, 2018 @ 1:25 PM


            Dillon Abplanalp, 28, was found dead early Monday in a cell at the Montgomery County Jail. MONTGOMERY COUNTY SHERIFF’S OFFICE
Dillon Abplanalp, 28, was found dead early Monday in a cell at the Montgomery County Jail. MONTGOMERY COUNTY SHERIFF’S OFFICE

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.

FIRST REPORT: Montgomery County inmate found dead in jail cell

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.

MORE: Montgomery County Jail body scanner ‘going to be a busy machine’

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.

SPECIAL REPORT: Justice in the jailhouse

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.

Results of an autopsy may take up to 10 weeks, pending the results of toxicology tests, according to the Montgomery County Coroner’s Office.

Police: Man uses drugs in medical facility restroom

Published: Tuesday, January 23, 2018 @ 1:20 PM


            .
.

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.

MORE: Owner of dogs that killed ponies pleads guilty to misdemeanor

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.

Police found tape and Band-Aids on Perdue, the report said. Perdue was there with the mother of their two children, the report said.