breaking news

Dayton business owner uses AK-47 in exchange of gunfire with burglars

Published: Sunday, November 19, 2017 @ 9:43 AM
Updated: Monday, November 20, 2017 @ 10:09 AM

Police in Dayton said the owner of a local cell phone chased after what he called four men who broke into his store. The owner said he managed to chase the men away before they took anything.

A 22-year-old Dayton business owner fired an AK-47 at burglars breaking into his cell phone store early Sunday morning.

Dayton police were dispatched to Fix or Cell Now at 619 Watervliet Street around 5:09 a.m. after the business owner called to report the attempted robbery. 

According to a police report, owner Adam Seaton was blocks away when he received a notification on his phone from the store's security system. 

The owner of Fix or Cell Now says he fired shots at potential robbers.

>> Belmont Market manager holds would-be robber at gunpoint

As he arrived to the store, Seaton told Dayton police he saw two men running from the store. Seaton said one of the men then stopped, pulled out a gun, and pointed it in his direction. 

Authorities have released a 911 call where you can hear shots being fired.

According to police, Seaton then grabbed an AK-47 from his passenger seat and fired at the men. Seaton told our breaking news team he believes one of his bullets hit a suspect, but he cannot be sure. 

"Typically robberies at the store are done in 20 to 45 minutes, but I happened to be in the right place at the right time," Seaton said. 

>> Circle K on Watervliet Ave. is robbed of cash

Seaton told police the would-be-thieves wearing black masks fled on foot after he fired shots. He said he followed the two men in his truck as they made their way into a running getaway truck parked in the 2500 block of Mundale Avenue. 

Seaton continued to follow the suspects in his truck. That's when he says the suspects began firing shots at his vehicle out of a driver side window. 

Police said Seaton ended his pursuit at the intersection of Smithville Road and Linden Avenue before returning to the store to alert police. 

STORE SURVEILLANCE: Fix or Cell Now robbery

>> Can you ID CLark’s Pharmacy robbers in Brookville

Seaton is calling for stricter punishment for robbers targeting area phone stores. 

“Give these guys [robbery suspects] punishment. They’re just stealing them [cell phones] and the courts just let them out the next day,” Seaton said. 

"“It’s not the police it’s the justice system. The police arrest them and the courts just let them out the next day." 

Seaton said this is the fourth robbery - and the first he's successfully stopped, since opening his store in December. 

As for what other business owners can do to prevent robberies, Seaton advises they purchase a folding security gate. 

"Just had my security gate save my inventory from getting stolen so invest in one of those," Seaton said.

According to the report, officers reviewed store surveillance which showed one suspect throw a brick through a security-gate reinforced window while another stood watch outside of the store. 

GOT A TIP? Call our monitored 24-hour line, 937-259-2237, or send it to

Trending - Most Read Stories

Inmate dies in Butler County Jail after being found unresponsive

Published: Monday, March 19, 2018 @ 5:18 PM


A prisoner who was found unresponsive this morning in a Butler County jail has died.

At about 8 a.m., a corrections officer at Resolutions Jail on Second Street found Billy Hall, 31, unresponsive, according to Sheriff Richard Jones. Hall was transported by Hamilton emergency crews to Fort Hamilton Hospital, where he was pronounced dead.

MORE POPULAR STORIES: Sobbing Hamilton teen sentenced for shooting death of her father

Hall was being held on charges out of Hamilton County. He had been in the jail for about two weeks.

Butler County sheriff’s detectives and the county coroner’s office are investigating. The cause of death has not yet been determined.

Trending - Most Read Stories

Dayton traffic from the WHIO Traffic Center

Published: Friday, March 02, 2018 @ 2:52 AM
Updated: Monday, March 19, 2018 @ 8:39 AM

Traffic issues can be reported by calling our newsroom at 937-259-2237 or tweeting @WHIOTraffic .

Traffic conditions are updated every six minutes on AM 1290 and News 95.7 FM.

Major Highway Incidents

  • On I-75 south at Dryden Road in Moraine, a crash was reported around 4:45 p.m. causing a backup.

Surface Street Incidents:

  • None to report

>> RELATED: WHIO App-Winter

>> RELATED: Track the latest conditions in your neighborhood on our live WHIO Doppler 7 Interactive Radar

Ongoing Construction & Other Closures 

Live look at highways on our traffic cameras here.

Latest traffic conditions are also available on our traffic map. 


  • Arlington Road between Pleasant Plain and Upper Lewisburg Salem Road, BRIDGE CLOSURE, March 5 - Sept. 30. All ramps for I-70 will remain open. 
  • Keowee Street north of Stanley Avenue, bridge closed until 2019. The official detour is: Keowee Street to Stanley Avenue to I-75 to Wagner Ford Road and back to Dixie. More information is available here.
  • Stewart Street Ramp to US 35 East, RAMP CLOSURE March 28 - Sept 30, 2018. The official detour is: Stewart Street to Edwin C. Moses Boulevard to I-75 north to US 35 west to James H. McGee Blvd. to US 35 east.
  • SR 48 between First Street and Riverdale Street, Lane closures March 19 - April 1. One lane will remain open in each direction.
  • I-75 north Ramp to US 35 west, RAMP CLOSURE, March 12 - Sept. 30. The official detour is: I-75 north to US 35 east to Jefferson/Main Street to Ludlow Street to US 35 west. 
  • I-75 north Ramp to US 35 west and east, Lane width restriction until Apr. 1, 2018. One lane will remain open on the ramp with a width of 11 feet.


  • N. Market Street between Foss Way/Kirk Lane and Stonyridge Avenue, ROAD CLOSURE March 5 at 7 a.m. - Aug. 10 at 5 p.m. 


  • SR 47 between Fifth Avenue and Wilkinson Avenue, Lane closures Jan. 21 - Nov. 27. One lane will remain open in each direction at all times. 


  • SR 121 between Washington Street and Fairview Street, ROAD CLOSURE Mar. 12 - April 13. The official detour is: SR 722 to US 127 to SR 503. 
  • SR 121 between Arnold Street and Harter Road, ROAD CLOSURE Mar. 12 - April 13. The official detour is: SR 722 to US 127 to SR 503. 


  • I-70 east Ramp to I-675 north, RAMP CLOSURE March 15 - Aug. 15. The official detour is: I-70 east to I-675 south to SR 444 to I-675 north


  • US 68 between SR 508 and Township Road 310, ROAD CLOSURE April 23 - 27. The official detour is: US 68 to SR 296 to SR 29 to SR 235 to SR 47 to US 68. 

Trending - Most Read Stories

Judge says Dayton schools task force public, but denies injunction

Published: Monday, March 19, 2018 @ 2:41 PM
Updated: Monday, March 19, 2018 @ 4:40 PM

            Members of a combined city-Dayton Public Schools task force studying school facilities tour Valerie Elementary School on Feb. 6. The tours ended before scheduled because of a legal challenge. SEAN CUDAHY/Staff
Members of a combined city-Dayton Public Schools task force studying school facilities tour Valerie Elementary School on Feb. 6. The tours ended before scheduled because of a legal challenge. SEAN CUDAHY/Staff

A Montgomery County Common Pleas Court judge denied a preliminary injunction sought by a Dayton resident who alleged an Ohio Open Meetings (OMA) Act violation because he was denied in his efforts to join a bus tour of Dayton Public Schools facilities.

Judge Richard Skelton ruled Monday in a 7-page decision that Dayton resident David Esrati did not meet the burden of proof about the bus tour containing substantive recommendations or discussion regarding potential closures of school buildings.

Esrati said he plans to continue the suit.

Skelton did write that the 20-member School Facilities Task Force formed to help Acting Superintendent Elizabeth Lolli was a public body — disagreeing with DPS and Dayton city attorneys.

RELATED: Judge to rule today on legal challenge to Dayton schools task force

“The court rejects the argument of DPS that the Task Force was only an advisory group for the superintendent and was not a ‘public body’ itself,” Skelton wrote, later adding: “Pretending that the Task Force, including three members of the Board, was only for the Board’s employee would allow a simple subterfuge to avoid the OMA.”

A Dayton Board of Education meeting that includes a potential vote on a school closing proposal is scheduled for Tuesday. An injunction could have stopped or delayed that vote.

“The burden is on the plaintiff to prove that such deliberative discussion occurred during the bus tour and was used by the Board (of Education) in proposing its formal action,” Skelton wrote. “The plaintiff did not produce the first witness who offered any proof that a deliberative or any other discussion was had on the bus tour at issue.”

Skelton wrote that the court “has no basis to find that plaintiff has shown he is likely to succeed on his claimed violation of the OMA at the trial on the merits.

MORE: Read other stories from Mark Gokavi

Esrati said Skelton’s decision “makes no sense” and that he received legal advice that he should — and plans to — take the case to trial, currently scheduled for July 11.

“He said clearly they were a public body, and how I’m supposed to prove what they discussed or didn’t discuss is irrelevant because they’re not allowed to meet in private unless it’s for matters of executive session,” Esrati said, later adding: “There’s no way of me proving it because I wasn’t in the bus or in the school or anything else. And that’s a violation.”

SOCIAL MEDIA: Follow Mark Gokavi on Twitter or Facebook

Esrati filed the lawsuit without an attorney. He contends he was not allowed to attend a February bus tour of Dayton schools during which task force members went into schools until district attorneys advised them to cancel remaining stops.

On Thursday, Esrati questioned Lolli and also was cross-examined by DPS attorney Brian Wildermuth during the nearly 2½-hour, wide-ranging hearing.

Wildermuth did not immediately return a message seeking comment.

Wildermuth, who has said the task force wasn’t a public body and isn’t subject to the open meetings laws, argued in a post-hearing brief that the group was not a decision-maker and didn’t reach any consensus or specific recommendations.


“Plaintiff had the burden of proof,” Wildermuth wrote. “He did not carry that burden.”

Esrati said the board’s actions are a big part of the district’s problem.

“This school board is not to be trusted by anyone at any time for anything, if this is the way they want to conduct business,” Esrati said.

Trending - Most Read Stories

Area company to add 200 jobs, invest $73M in manufacturing expansion

Published: Monday, March 19, 2018 @ 9:48 AM

Topre America has announced plans to invest $73 million and add 204 new jobs in Springfield.

Topre America Corp. will expand again in Springfield, pledging to create more than 200 jobs and invest $73 million.

The third expansion at the manufacturer announced this morning comes before the Japanese auto parts firm has even completed construction on its latest project. Topre announced plans last year to invest $55 million and create 86 jobs in a 177,000-square-foot manufacturing plant. 

>>TRENDING STORY: Powerboat race to expand in Springfield after big crowds, impact

The latest expansion will add a 138,000-square-foot stamping facility to that site.

That brings the company’s total investment to about $130 million, with a projected total workforce just shy of 300 employees. 

>>RELATED: Silfex picks Springfield for 400 new jobs due to labor market

Springfield’s workforce was one reason Springfield was chosen for the latest expansion over sites in Indiana, Alabama and Tennessee.


Trending - Most Read Stories