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Published: Thursday, December 21, 2017 @ 7:09 PM
Updated: Thursday, December 21, 2017 @ 9:35 PM
XENIA — UPDATE @ 10:23 a.m (Dec. 22):
A man shot during an altercation between him and another man remains in critical condition at Miami Valley Hospital this morning, according to police.
Police said it’s unclear which of the two men is at fault for the shooting and no charges have been filed at this point.
Officers are not releasing any names of those involved in the incident, police said Friday.
UPDATE @ 9:35 p.m.
Xenia police said a man was shot two times tonight by another man during some sort of altercation.
The gunshot victim is in surgery at Miami Valley Hospital. His injuries were described as serious by police.
Police said they don’t know what caused the dispute, but that they know the identities of the victim and suspect. Police would not release either man’s name, and have not said whether anyone has been arrested.
Crime scene tape remains up around a home in the 1100 block of Glover Drive and in the surrounding blocks along East Richards and Glover drives.
UPDATE @ 7:45 p.m.
Police crime scene tape is blocking a large area tonight on East Richards Drive and Glover Drive.
There are six to seven police officers who are focusing in front of one house on East Richards Drive.
Neighbors said they heard multiple shots.
The name, age and condition of the victim is not available.
Police and medics were called tonight to a report of a shooting.
The shooting was reported around 7 p.m. on East Richard Drive. It was reported to have happened during a robbery, according to initial reports and the Xenia police dispatch.
Published: Monday, February 26, 2018 @ 4:34 PM
— A Dayton man pleaded guilty Monday to aggravated vehicular homicide in the 2016 crash of two vehicles fleeing separate attempted traffic stops.
Benny Jewett IV, 23, was to go on trial on six counts related to the May 7, 2016 death of Tyler Cross, 22, of Dayton. Cross was a passenger in a vehicle driven by Steven Swain.
Instead, Jewett pleaded guilty to three counts — vehicular homicide, vehicular assault and failure to comply with the order or signal of a police officer — in exchange for three counts being dismissed.
Jewett is scheduled to be sentenced March 20.
Heroin was found in both vehicles, one of which was stolen, according to police accounts. A handgun also was found in one vehicle. The crash happened at Ruth and Jerome avenues.
Dayton Maj. Matt Carper said in 2016 that out of concern for public safety, officers did not pursue either vehicle after they sped away from separate, attempted traffic stops.
The first attempted traffic stop was of a silver Toyota reported stolen out of Harrison Twp.
Carper said the Toyota nearly struck a police cruiser. The officer tried to stop the vehicle but it sped away and the officer did not pursue.
Around the same time in a separate incident, police attempted to stop a gray Chrysler for minor traffic violations and it sped away. Carper said the officer did not pursue the Chrysler, which was a rental car with New York license plates.
The two cars collided when the Chrysler, heading north on Ruth Avenue, T-boned the silver Toyota, which was traveling at a high rate of speed eastbound on Jerome Avenue, Carper said then.
Published: Monday, March 19, 2018 @ 2:17 PM
California’s attorney general responded to Brock Turner’s appeal effort in a filing made public Monday, arguing the Ohio sex offender was not deprived of due process or victim to prosecutorial misconduct during his 2016 trial.
In the 95-page court brief reviewed by the Dayton Daily News, the state’s attorney said Turner’s “claims of error all lack merit” and “could not — separately or together — infringe” on the Oakwood High School graduate’s legal rights.
Turner’s new attorney, Eric Multhaup, filed a 172-page appeal in December seeking to clear his client of a conviction stemming from the January 2015 assault of a 22-year-old woman while Turner was a student and swimmer at Stanford University.
The appeal argued Turner was deprived of due process and alleged prosecutorial misconduct — in part by the use of the word “dumpster” in describing the location of the assault — as reasons he should receive a new trial. Multhaup did not respond to a request for comment Monday.
A jury found Turner guilty on three felony counts: assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person, and penetration of an unconscious person. Turner was sentenced by Santa Clara County Superior Court Judge Aaron Persky to six months in jail, but served three months of the sentence.
The case — and Turner’s sentence — sparked a nationwide controversy and wide-ranging discussions about sexual assaults on college campuses.
The state argues there was “substantial evidence from which a rational jury could find appellant guilty beyond a reasonable doubt of all three charges.”
“That evidence included testimony by two independent eyewitnesses who saw appellant ‘thrusting’ on top of the victim half-naked and as she lay unresponsive on the ground,” the state’s brief said.
Turner’s attorney argued his client “was deprived of due process, a fair trial, and his right to present a defense” when the judge restricted testimony from four individuals with Dayton-area ties: Turner’s friend, an ex-girlfriend and two swim coaches.
Multhaup argued the court erroneously restricted the testimony of the four “to the trait of sexual non-aggression relevant to his conduct at the time of the offense … and excluded it as to appellant’s honesty and veracity.”
California’s response disputes Multhaup’s claim, arguing Turner’s “reputation for veracity among those who knew and liked him in high school was not the primary, or even a relevant, issue in the case.”
Multhaup also claimed prosecutors “malevolently” used the phrase “behind-the-dumpster” to describe the location of the incident because it implied Turner wanted to shield the incident from view and because “it implied moral depravity, callousness, and culpability on the appellant’s part…”
The state again disputed Multhaup’s claim, arguing Turner himself said the encounter occurred behind a dumpster.
California Deputy Attorney General Alisha Carlile filed the state’s brief Friday in California’s 6th Appellate District Court.
An Oakwood native, Turner is serving a three-year probation. He now lives in Greene County and is a Tier III sex offender, according to Ohio’s sex offender registry. The designation means he is required to register with the county every 90 days.
Read more stories from the Dayton Daily News:
Published: Monday, March 19, 2018 @ 9:20 AM
Updated: Monday, March 19, 2018 @ 10:36 AM
UPDATE @ 10:20 a.m.: Patrick O’Donnell, the former Indian Lake superintendent who pleaded to a count of gross sexual imposition, will spend more than four years in prison.
He was sentenced today to 54 months in prison. He also will have to register as a Tier Two sex offender upon his release from prison.
FIRST POST: The former Indian Lake superintendent who pleaded to a count of gross sexual imposition will be sentenced this morning.
Patrick O’Donnell who was found guilty after entering an Alford plea just before opening arguments in the trial against him were to begin last month.
He faces a maximum of five years in prison and a $10,000 fine. He will also have to register as a sex offender for 25 years.
An Alford plea isn’t an admission of guilt, defense attorney Sam Shamansky said, but a plea that accepts its punishment.
O’Donnell had faced 14 child-sex related charges, including rape, gross sexual imposition and sexual battery. He entered the Alford plea to one count of gross sexual imposition and the rest of the charges were dismissed as part of a plea deal.
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Published: Monday, March 19, 2018 @ 3:14 PM
MIDDLETOWN — A 29-year-old Middletown man is accused of forging 26 checks and making cash withdrawals from a 93-year-old neighbor’s account worth $8,500 in late 2015 and early 2016.
A list issued today by the Warren County Prosecutor’s office indicates Shawn M. Hill was indicted on two counts of theft from a person in a protected class and 26 counts of forgery.
County Prosecutor David Fornshell said Hill also asked to borrow money while awaiting a settlement from a dog-bite case, “providing forged documentation indicating he was going to receive significant settlement proceeds.”
The neighbor loaned him $34,000, only to learn “there never was a dog-bite settlement” and was never repaid, Fornshell added in a text message.
Fornshell said the loan problem was discovered first, the other allegations later after further investigation.