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Third competency evaluation ordered for Troy man shot by police officer

Published: Wednesday, July 05, 2017 @ 4:05 PM

Kenneth Coleman. Photo from Miami County Jail
Kenneth Coleman. Photo from Miami County Jail

TROY - A Miami County judge today ordered a new competency evaluation for a Troy man accused of threatening a Troy police officer with a knife as the officer responded to a welfare check request in January 2015.

Common Pleas Judge Christopher Gee ordered a new evaluation for Kenneth Coleman Jr., 33, saying his last evaluation, in March 2016, is too old. Coleman was found incompetent to stand trial in that evaluation and another one in 2015.

Gee also noted that defense lawyer Jay Lopez said Coleman was living in a group home before his arrest.

Coleman was shot by a responding police officer during the Jan. 20, 2015, incident outside an apartment on Mayfield Drive. Police said they were asked to check on Coleman after a neighbor reported hearing screaming and loud noises. In an affidavit, a police detective said Coleman refused to drop a knife while walking toward Patrolman Jim Short yelling "shoot me." 

Coleman was shot in the legs and hospitalized. He was found incompetent to stand trial in March 2015 and sent to the Ohio Department of Mental Health and Addiction Services in Toledo for competency restoration. 

A county grand jury cleared Short in the shooting in February 2015. 

Coleman was indicted on the felonious assault charge in August 2016. 

Coleman appeared in court Monday but stood mute instead of making a plea. the case was continued to today.

Bail for Coleman was set at $100,000 following his arrest and continued today by Gee.

The case will be scheduled for a plea and another hearing when the new competency report is received, Gee said.

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Driver to be sentenced in crash of 2 fleeing cars that killed best friend

Published: Tuesday, March 20, 2018 @ 8:47 AM

            Benny Jewett IV
Benny Jewett IV

The Dayton man who drove one car fleeing a law enforcement traffic stop that hit another vehicle doing the same will be sentenced today for aggravated vehicular homicide in the death of his passenger.

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Benny Jewett IV, 23, will serve from 5 to 8 years in prison under a plea agreement reached with the Montgomery County Prosecutor’s Office.

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.

MORE: Read other stories from Mark Gokavi

The May 7, 2016, crash at the corner of Jerome and Ruth avenues in Dayton caused the death of 22-year-old Tyler Cross — Jewett’s best friend, according to a defense sentencing memorandum. Jewett failed to stop at a stop sign at that intersection.

The other vehicle was driven by Steven Swain, who was driving a stolen rental car and traveling more than 70 miles per hour, according to Jewett’s defense attorney.

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Swain has served about a year of a two-year sentence for gun and drug charges. Jewett’s sentence also will take into account a Jan. 13, 2017, incident of fleeing and eluding.

Jewett’s attorney is advocating for a five-year sentence, while prosecutors are asking Montgomery County Common Pleas Court Judge Erik Blaine for an eight-year term.

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Austin-bound package explodes at Texas FedEx facility, reports say

Published: Tuesday, March 20, 2018 @ 9:22 AM
Updated: Tuesday, March 20, 2018 @ 9:22 AM

What You Need to Know: Austin Package Explosions

A package bound for Austin exploded at a Texas FedEx facility early Tuesday, multiple news outlets are reporting.


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Man pleads guilty in 2016 Dayton vehicular homicide case

Published: Monday, February 26, 2018 @ 4:34 PM

Benny Jewett IV
Benny Jewett IV

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.

RELATED: Dead man identified in fatal traffic stop collision

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.

MORE: Read other stories from Mark Gokavi

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.

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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.

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UPDATE: Brock Turner’s appeal arguments ‘all lack merit,’ prosecutor says

Published: Monday, March 19, 2018 @ 2:17 PM

Brock Turner, seen in a 2017 Greene County Sheriff’s Office sex offender photo. CONTRIBUTED
Brock Turner, seen in a 2017 Greene County Sheriff’s Office sex offender photo. CONTRIBUTED

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.

MORE: Brock Turner’s Dayton Character witnesses key part of appeal

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.

MORE: Brock Turner’s classmates describe Oakwood party culture

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:

» Ohio lawmaker stands by gun-carrying students comment despite critics

» Fairborn police: Schools won’t release records about arrested 12-year-old

» Menards to build new Fairborn store

» FBI offers $15K reward for missing teen boy who saw father killed

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