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Published: Friday, April 01, 2016 @ 8:31 AM
Updated: Friday, April 01, 2016 @ 11:21 AM
LEBANON — Defense lawyers want to exclude new DNA tests that could be a major break in a 23-year-old murder case in Warren County.
Lawyers for Sam Y. Perone, the Arizona man arrested last year on the 23rd anniversary of the death of a rival furniture salesman, are urging Judge Donald Oda II to suppress results of DNA tests reported on March 1.
Perone’s lawyers say the new tests are “alleged to be inculpatory,” meaning possibly of use in establishing his guilt. They moved to suppress them in part because the tests used up all of the remaining DNA, according to a motion filed in Warren County Common Pleas Court.
“The prior tests were not inculpatory, and the evidence has totally been consumed at this point,” Rob Kaufman wrote in the motion.
This leaves the defense team no opportunity to do their own tests and violates Perone’s right to a fair trial, Kaufman said in the March 24 motion.
Even if Oda finds the new tests only “potentially useful,” Kaufman claimed that, by using up all the DNA, prosecutors acted in “bad faith.”
Perone is accused of murdering Richard “Dick” Woods, 41, of Dublin, Ohio, on Oct. 8. 1992.
Perone and his wife told officials they last saw Woods between 6:30 p.m. and 7 p.m. on the day Woods was killed. Both denied any involvement in Woods’ death.
Woods’ Lexis was found by a Pinkerton agent the next day off Interstate 71, but his body, with gunshot wounds to the head, was not found until Nov. 9, 1992, in a nearby ravine.
The case was investigated by the Warren County Sheriff’s Office and federal agents, and later taken up by a cold-case team.
In 2014, the sheriff’s office issued a press release indicating investigators were returning to the spot on Middleboro Road in Washington Twp., Warren County, where the body was found.
Perone, 67, owned a furniture store in the Colony Square shopping center in Lebanon, but was living in Desert Hills, Ariz., at the time of his arrest.
Authorities say they believe Woods was fatally shot in the head in the back of the store, Just Living Rooms. Blood was found on a square of carpet taken from the store.
A UPS shipping outlet is now in the space.
Perone faces a single count of murder. He remains in the Warren County Jail in Lebanon on $750,000 cash bond.
On Tuesday, Oda ordered prosecutors to provide Perone’s lawyers with a complete file from the regional crime lab.
Published: Sunday, February 18, 2018 @ 1:04 PM
DAYTON — Update@1:25 p.m.:
Police officers were initially sent to scene Saturday night for on domestic violence-related incident call, and the suspect wasn't home. But once he returned home Sunday afternoon, neighbors called police, and officers returned to the scene, said Sgt. Kyle B. Thomas of the Dayton Police Department.
When officers arrived, the unidentified suspect refused to come out and was concerned about the safety of his dog. So officers asked him to secure the dog in the house so it wouldn’t get injured, Thomas said.
The dog’s breed and name were not released.
Officers then continued negotiating with the suspect and he subsequently came out of the house, and was taken in to custody.
SWAT was not called to the scene. But the K9 unit as well as the Montgomery County Animal Resource Center were there make sure the dog’s well taken care of while the investigation takes place, Thomas said.
There were not injuries to the dog, suspect or officers, Thomas, said, thanking the community for getting involved.
“The community stepped up,” he said. “They were aware that we were looking for this guy and they made some calls and let us know where we could find him. Without their help we wouldn’t have him in custody right now.”
It is unclear if the suspect has been charged. We will bring you the information as soon as charges as well as the
We are hearing reports of a possible police standoff at an apartment complex located at Superba Court and North Irwin Street in Dayton.
Multiple callers to our newsroom said there are several officers in the area, and they are using a loudspeaker to get someone to come out of a building. Although a police dispatch sergeant acknowledged that officers were called to the area, he couldn’t confirm that there is a standoff.
Published: Saturday, February 17, 2018 @ 2:36 PM
PARKER COUNTY, Texas — A woman in Texas has been arrested after she was caught on camera tossing her small dog named Pumpkin out of a moving vehicle.
The Chihuahua-mixed breed survived the incident and was found Thursday roaming a family's rural property in Weatherford, WFAA reported. Surveillance cameras on the property provided clear identification of the vehicle. The dog's microchip further confirmed the owner's identity.
When questioned by Sgt. Ricky Montgomery, Janet Byas, 43, initially denied tossing the dog out of the vehicle. When the evidence of her involvement was presented to her, Montgomery said she admitted that she threw the dog out of the car because she was frustrated with it. She said Pumpkin would not stay on her property and she "couldn't handle it anymore," WFAA reported.
When WFAA asked for Montgomery's reaction to Byas' reasoning for throwing the dog out of the car, Montgomery said, "Grow up."
Byas was arrested and charged with misdemeanor animal cruelty.
Published: Thursday, February 08, 2018 @ 11:53 AM
Updated: Saturday, February 17, 2018 @ 5:51 PM
— UPDATE @5:49 p.m. (Feb. 17)
A mugshot has been released of a second man charged with making threats on social media toward juvenile court judge Anthony Capizzi.
Marquan Cooper, 22, is wanted on a charge of intimidation.
UPDATE @ 5:02 p.m. (Feb 16)
A second person has now been charged with making threats on social media toward juvenile court judge Anthony Capizzi.
Marquan Cooper, 22, of Dayton was charged with one count of intimidation.
Cooper was said to have made threats toward Capizzi and his family on social media using the alias “Quannie Coop”, according to the prosecutor’s office.
UPDATE @ 3:35 p.m. (Feb. 16)
Devin Wilson was indicted in Montgomery County for intimidation. He will be arraigned Feb. 22.
UPDATE @ 1:30 p.m. (Feb. 9)
Devin Wilson, 24, of Dayton has been formally charged in a threat made against a juvenile court judge, said Montgomery County Prosecuting Attorney Mat Heck, Jr. in a release.
The alleged threat against Juvenile Court Judge Anthony Capizzi was made on Feb. 2 on social media under the alias of "Ball Meezy," the release said.
Wilson is charged with one count intimidation, a third‐degree felony. His case will now be presented to a grand jury.
Wilson is currently on probation for a drug trafficking offense.
Heck’s release said his office will be seeking that Wilson be taken off probation and sentenced to 18 months in prison.
"The defendant, on probation for less than one month, threatened a judge about a case, which is an assault on the entire criminal justice system. We have to take these matters very seriously, whether someone is threatening a judge, a prosecutor, a police
officer, or any other court officer,” Heck said in a release.
A 24-year-old Dayton man was arrested Wednesday in connection with social media threats against a juvenile court judge, according to Dayton police.
Devin Wilson was booked into the Montgomery County Jail on a possible third-degree felony charge of intimidation or bribery of a public servant.
Social media posts advocating violence against Montgomery County Juvenile Court Judge Anthony Capizzi were reported to several law enforcement agencies, according to an email obtained by this news organization.
Capizzi is handling the juvenile court portion of the Huber Heights AT&T armed robbery case involving six juveniles and one adult.
A Dayton police report shows Wilson was arrested at 8:40 p.m. Wednesday at his residence on Edison Street.
“If I ever see him I’m beating the (expletive) outta him he better pray I don’t catch him downtown coming out of that building,” said one post that included a photo of Capizzi.
Another post discovered by this news organization said, in part: “Somebody need to split Judge Capizzi wig when he get off work.”
Capizzi declined to comment.
Wilson was on probation after pleading guilty in January to aggravated trafficking of drugs. Wilson received five years’ community control as part of a plea in which a charge of trafficking of cocaine was dropped.
If found guilty of violating his probation, Wilson could face 18 months in prison plus whatever sanction is imposed if he is found guilty of a crime, according to a judge’s ruling in Montgomery County Common Pleas Court.
In another case that was considered in Wilson’s probation, he was found guilty of possession of less than five grams of cocaine and aggravated possession of drugs.
Published: Saturday, February 17, 2018 @ 1:03 PM
OMAHA, Neb. — A Nebraska man has been arrested for the 18th time for indecent exposure, authorities said.
The latest incident took place Thursday at an Omaha food court, KETV reported.
Witnesses told KETV that Shawn Noble, 39, was yelling obscenities when he emerged from the food court restroom completely naked. When the property manager ordered him back into the bathroom to put on his clothes, he lunged at her, witnesses said.
Food court employees were able to barricade Noble inside the restroom until police arrived, KETV reported. Noble was charged with indecent exposure and disorderly conduct and taken to the Douglas County Jail.