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Published: Sunday, June 05, 2016 @ 6:47 PM
Updated: Wednesday, June 08, 2016 @ 5:49 AM
UPDATE @ 1:30 p.m. June 7
Brock Turner received “the harshest sanction” Stanford University could give the ex-Oakwood swimmer, according to a statement.
“In less than two weeks after the incident, Stanford had conducted an investigation and banned Turner from setting foot on campus — as a student or otherwise,” the statement read. “This is the harshest sanction that a university can impose on a student.”
A jury convicted Turner of three felony charges stemming from a sexual assault that occurred after a fraternity party in January 2015. Turner was sentenced to six months in county jail in Palto Alto, Calif., for sexually assaulting an unconscious, intoxicated woman.
Meanwhile, social media criticism continues surrounding the letter submitted by Turner’s dad, and another letter submitted by a childhood friend.
New York Magazine obtained a letter from Turner’s apparent childhood friend, Leslie Rasmussen, a member of the band Good English. The letter, written to the judge who sentenced Turner, references their childhood in Oakwood.
“Brock has been a peer of mine since elementary school, and was a very close friend of mine for a few years in high school,” said Rasmussen, who noted Turner dated a mutual friend. “We all knew he’d swim in the [O]lympics one day. His family is a very respectable family in town.”
Attempts by this news organization to reach Turner’s father and Rasmussen were not successful. Rasmussen’s band’s Facebook page was deactivated.
UPDATE @8:08 a.m. June 7
A grad student who helped stop Brock Turner’s sexual assault on an unconscious woman is speaking out.
Carl-Fredrik Arndt said he and a friend were riding their bicycles when they happened to ride by the assault.
“She was unconscious. The entire time. I checked her and she didn’t move at all,” Carl-Fredrik Arndt told CBS This Morning. Arndt and his friend later told authorities they saw Turner on top of the victim “aggressively thrusting his hips into her.”
“The guy stood up when we saw she wasn’t moving still. So we called him out on it. And the guy ran away, my friend Peter chased after him,” Arndt told CBS This morning.
UPDATE @6:05 p.m. June 6
The sheriff’s department, which had announced that it would not release the booking photo, changed course Monday afternoon in the midst of an outcry from news organizations about why the booking photo was unavailable. The change in course also comes a day after a letter, written by Turner’s father defending his son, triggered a social media backlash because of its contents.
Some websites, including jezebel.com, reported that according to the website Crimefeed, under California’s open records laws, mugshots should be released, but the laws are a bit murky. According to the site:
“The language does not explicitly stipulate whether the release of booking photographs (i.e. mug shots) is required or exempt. A 2003 opinion from the Attorney General reportedly said that “mug shots fall within the ‘records of investigations’ exemption” and therefore releasing mug shots to the public is up to the discretion of law enforcement. However, according to the First Amendment Coalition, “the California Supreme Court has explained that this exemption applies only to a record that ‘on its face purport[s] to be an investigatory record.’”
The nonprofit goes on to state: “Arguably, mug shots are not on their face records of an investigation, and may not be withheld under the investigatory exemption except where they are legitimately used for investigatory purposes.”
Jezebel.com reported that a spokesperson for Stanford said the Santa Clara County Sheriff’s Department did take a mugshot of Turner after his arrest but the department will not be releasing it. They did not elaborate on why the photograph is being withheld from the public.
Late Monday afternoon, The sheriff’s department reportedly said Stanford’s Department of Public Safety was responsible for releasing the photograph. Stanford previously claimed that the sheriff’s department was responsible for releasing the mugshot.
Social media is stirring about a letter by the father of ex-Oakwood and Stanford University swimmer Brock Turner prior to his son’s sentencing Friday in a sexual assault case.
Dan Turner wrote that his son wasn’t violent, he referred to his son’s sexual assault as “20 minutes of action” and mentioned that his son doesn’t like eating steaks any more in his letter requesting probation instead of incarceration. The letter was posted on Twitter by Stanford law professor Michelle Landis Dauber, who blasted it as offensive.
Brock Turner, 20, was sentenced Friday to six months in jail in Palo Alto, California. He had faced up to 10 years in prison, and with good behavior, could be out in three months, the Mercury News reported. He also must register as a sex offender for the rest of his life and would have three years of probation following his release.
Turner’s sentencing was decried by many, including District Attorney Jeff Rosen, as too lenient, but Turner’s defense attorney said they plan to appeal.
He was convicted in March of assault with intent to commit rape of an intoxicated/unconscious person; penetration of an intoxicated person; and penetration of an unconscious person. In January 2015, two people saw Turner, then 19, assaulting his accuser behind a dumpster on Stanford’s campus after a fraternity party. Turner ran but witnesses stopped and held him until police arrived, according to a statement released by Rosen.
Turner is a three-time All-American Oakwood High School swimmer and Stanford swimmer who had aspired to swim in the Olympics.
Published: Wednesday, March 21, 2018 @ 6:37 PM
TROY — A Michigan man who led state troopers on a 55-mile chase from Piqua to Allen County in November was sentenced Monday in Miami County Common Pleas Court to 30 months in prison.
David Nehmer, 27, of Paw Paw, Michigan, was sentenced to 30 months in prison for failure to comply with the order or signal of a police officer and six months in jail for driving while under the influence. The sentences will be served concurrently in the penitentiary. Nehmer’s driver’s license was also suspended for five years.
Nehmer was arrested in the early morning hours on Interstate 75 near Bluffton. The pursuit began in Piqua after troopers received a report of a vehicle driving on its rims.
The pursuit of Nehmer — wanted on warrants out of Michigan — included speeds of more than 120 mph, troopers said.
Janna Parker, an assistant county prosecutor, said Nehmer was on parole in Michigan at the time of the chase that included what she called “insanely fast speeds” on tire rims. She said Nehmer put not only himself but multiple police officers and countless motorists at risk.
Judge Christopher Gee sentenced Nehmer, calling the pursuit “a horrific and very dangerous chase.” Gee said Nehmer was fortunate no one, including him, was injured.
“This kind of behavior cannot be condoned in any way,” Gee said.
Read trending stories from the Dayton Daily News:
Published: Wednesday, March 21, 2018 @ 5:57 PM
Updated: Wednesday, March 21, 2018 @ 6:30 PM
CLARK COUNTY, Ohio — The Clark County Sheriff’s Office says a woman’s 3-month-old daughter who died of Sudden Infant Death Syndrome in 1984 was buried in the wrong grave at a family plot in Glen Haven Memorial Gardens in Bethel Twp.
Connie Rosellen told News Center 7 she discovered the mistake after the death of her stepfather. During his burial, cemetery officials reportedly struck her daughter’s casket and broke it.
Rosellen said she called deputies last week after arriving at the cemetery for her daughter’s disinterment and reburial and allegedly found the baby’s remains in what she described as a shallow grave, covered only by the blanket she was buried with, a tarp and and a plywood board.
The Clark County Sheriff’s Office says multiple deputies responded to the cemetery but they didn’t open a criminal case. According to their initial investigation, the cemetery followed all legal procedures.
Published: Wednesday, March 21, 2018 @ 9:44 AM
Updated: Wednesday, March 21, 2018 @ 11:58 AM
— A wrongful death civil lawsuit has been filed in the October Moraine police officer-involved fatal shooting of a Dayton man.
The lawsuit filed Tuesday in federal court by the estate of Jamarco McShann alleges a conspiracy and misconduct involving several Moraine police officers.
“Defendant Officers John Howard, Jerry Knight, Michael Cornely, Justin Eller, Brian O’Neal, and unnamed officers willfully and maliciously shot Jamarco Dewayne McShann to death, and/or failed to intervene to prevent the use of deadly force against him despite the duty and the opportunity to do so,” the lawsuit states.
On Wednesday, the attorneys that filed the suit had a press conference that included other community activists and mothers of other Ohio men who have been shot and killed by police.
“Jamarco McShann’s rights were violated,” said attorney Andrew Stroth, who filed the lawsuit. “He was unjustifiably shot and killed. There was no provocation. There was no threat of danger. The officers shot and killed him through the back of his vehicle. And the lawsuit outlines the allegations.”
Rev. Jerome McCorry, president and CEO of the National Congress on Faith & Social Justice, said: "We will fight for justice until justice is done.” Attorneys for the family also said it was “unacceptable” that the officers who fired their guns were back on full duty.
“The City of Moraine does not comment on pending litigation,” read a statement made Wednesday by Moraine law director Buzz Portune, “but is satisfied that all actions taken by its Division of Police and officers involved in the matter were fully compliant with all applicable law enforcement standards and appropriate under the circumstances.”
“The defendant officers otherwise acted both willfully, wantonly, recklessly, negligently, intentionally, and with malice and willful indifference in committing the acts alleged in this complaint, which resulted in the wrongful death of Jamarco McShann,” according to the suit.
The 23-year-old McShann, died from “multiple shotgun and gunshot wounds” after a confrontation with Moraine officers John Howard and Jerry Knight in the early-morning hours of Oct. 20, according to the Montgomery County Coroner’s Office.
The Ohio Bureau of Criminal Investigation oversaw a probe into the matter at the request of the Moraine Police Division. That has been forwarded to the Montgomery County Prosecutor’s Office.
Published: Wednesday, March 21, 2018 @ 3:26 PM
TROY — A Piqua man pleaded guilty Wednesday to felony rape in a case heard in Miami County Common Pleas Court.
Dylan Cost, 21, initially faced one count of rape for alleged sexual conduct with a person under age 13, in August in Piqua. As part of a plea deal, that charge will be dismissed.
The new charge does not specify the age of the victim and carries a shorter potential sentence. He could receive up to 11 years in prison at sentencing April 30. The original charge carried a possible life sentence.
Judge Jeannine Pratt found Cost guilty and ordered a pre-sentence investigation.
He will be classified as a Tier III sex offender at sentencing. The designation will require him to register his address at the sheriff’s office in the county where he lives every 90 days for the rest of his life after prison release.