Mason Taser case to proceed in federal court

Published: Friday, March 22, 2013 @ 2:02 PM
Updated: Friday, March 22, 2013 @ 2:02 PM

A federal judge has refused to throw out a civil rights lawsuit in the case of an unarmed mentally ill man who died during a confrontation with Mason police..

In a ruling Friday, federal Judge S. Arthur Spiegel turned down the city of Mason’s request to dismiss the case and set the trial for June 18. The lawsuit claims two police officers used excessive force on Douglas Boucher. Boucher’s family is seeking compensatory and punitive damages from the city of Mason and officers Daniel Fry and Sean McCormick.

Spiegel said a reasonable juror could conclude that the officers used “gratuitous violence.”

Boucher, 39, was allegedly harassing a female clerk at the Speedway gas station on Reading Road in December 2009 when Fry and McCormick happened to stop by the store. The two officers approached Boucher and asked him to go outside. The officers were attempting to handcuff Boucher when he wrestled away and hit Fry in the head with his one handcuffed hand, according to records.

When Boucher approached the clerk again — she had come outside — McCormick attempted to use a Taser on him. The first shot failed, but the second one employed the shock, according to reports at the time of the incident.

Boucher fell to the ground, knocking his head on the concrete. The autopsy revealed a skull fracture as the cause of death. However, court records include an opinion by Dr. Cyril Wecht that indicate the Taser shocks caused a fatal cardiac arrhythmia. The City of Mason’s attorney, Gary Becker, had also filed a motion to exclude the doctor’s testimony, but Spiegel denied the motion.

The lawsuit claims the officers tased Boucher a total of six times in less than a minute and hit him and kicked him after he was on the ground. Becker said in his motion that Boucher was acting aggressively prior to his falling face first on the pavement. When he refused to show the officers his hands, they suspected he might try to ambush them as he had previously when he allegedly struck Fry.

Police: Man steals ambulance with medic, patient inside

Published: Saturday, October 21, 2017 @ 3:10 AM

Jeffrey Lamar Brown
MONTGOMERY COUNTY JAIL
Jeffrey Lamar Brown(MONTGOMERY COUNTY JAIL)

A 44-year-old Dayton man is accused of stealing an ambulance with a medic and patient in back.

Within an hour of driving off with the Dayton Fire Department life squad the suspect — identified by police as Jeffrey Lamar Brown — was behind bars.

>>Dayton police use GPS to find man’s body in creek

The ambulance was taken around 6:30 p.m. after medics responded to a call in the 400 block of Salem Avenue. The keys were in the ignition when the suspect took off, according to a Dayton police report.

Dayton police finally were able to stop the ambulance in the 2100 block of West Riverview Avenue, about a mile and a half from where it was stolen.

>>63-year-old Dayton gunshot victim critically hurt when she was hit in the back

Brown was arrested at 7 p.m. and was booked into the Montgomery County Jail on suspicion of robbery and two counts of kidnapping, all felonies. He is scheduled to be arraigned Monday, online jail records show.

Australia receives ‘unprecedented’ letter from North Korea

Published: Saturday, October 21, 2017 @ 3:11 AM

Australian Foreign Minister Julie Bishop called North Korea's Sept. 28 letter
Australian Foreign Minister Julie Bishop called North Korea's Sept. 28 letter "unprecedented."(Pool/Getty Images)

In an unusual step, North Korea has sent an open letter addressed to parliaments in several countries, declaring itself a “full-fledged nuclear power” and accusing President Donald Trump of “trying to drive the world into a horrible nuclear disaster,” CNN reported.

>> Read more trending news

Australian Foreign Minister Julie Bishop called the letter, dated Sept. 28, “unprecedented” and posted a copy of the cover letter on her verified Facebook page.

Her office confirmed to CNN that the letter, which was published by The Sydney Morning Herald, was genuine.

The letter appears to have been distributed a week after Trump’s address to the United Nations Security Council, after the president said that if the United States was forced to defend itself or its allies, it would have no choice “but to totally destroy North Korea.”

In the letter, North Korea condemned Trump’s statement and reiterated that it was tantamount to a declaration of war, CNN reported.

In the letter, North Korea condemned that statement as tantamount to a declaration of war, something North Korean officials said shortly after the speech. The United States denied that Trump had declared war on North Korea, which is also known as the Democratic People's Republic of Korea.

“If Trump thinks that he would bring the DPRK (Democratic People's Republic of Korea), a nuclear power, to its knees through nuclear war threat, it will be a big miscalculation and an expression of ignorance,” the letter said, according to CNN.

"I see (the letter) it as evidence that the collective strategy of imposing maximum diplomatic and economic pressure through sanctions on North Korea is working," Bishop said.

Posted by Julie Bishop MP on Thursday, October 19, 2017

Crews respond to 2 fires this week at same Miamisburg house

Published: Friday, October 20, 2017 @ 10:03 PM
Updated: Saturday, October 21, 2017 @ 12:30 AM

FROM SCENE: One sent to hospital from Miamisburg house fire

UPDATE @ 12:30 a.m. (Oct. 21)

The Miami Valley Fire District responded twice this week to fires at the same East Central Avenue address in Miamisburg.

A kitchen fire reported shortly after 9:30 p.m. brought crews Friday night. A 21-year-old woman was taken to a local hospital as a precaution because she was light-headed, battalion chief Glenn Jirka said.

>>Flames shoot from vacant house in Dayton

The property owner said there was a fire earlier this week to the detached garage, but that she did not want to provide further details about that incident.

Jirka said all fires are considered suspicious until a cause can be determined.

“There was a fire at this same address early this week,” Jirka said. “We’ll be taking a look at that but right now we don’t have any connection; we don’t have any reason to believe there is a connection.”

>>Car gets stuck, ignites after it rear-ends a semi on I-70

The tenants who live in the two units are displaced because of the damage to the dwelling, Jirka said.

UPDATE @ 11 p.m.

A 21-year-old woman was taken to a local hospital tonight to be treated for smoke inhalation.

The property owner said there was a fire last week at the home’s detached  garage, though she would not provide further details about that incident.

The owner of the dwelling in the 700 block of East Central Avenue said there are three people who live on the first floor: an infant, the woman and the woman’s mother. There is one person who lives on the second floor.

The cause of the fire is under investigation, according to the Miami Valley Fire District.

FIRST REPORT

Firefighters were called tonight to a house fire in Miamisburg.

The fire was reported around 9:30 p.m. in the 700 block of East Central Avenue.

According to initial reports, fire was showing from the rear of the two-story house.

We have a crew on the way and will update this report.

1 drug arrest but none for OVI at Dayton checkpoint

Published: Monday, October 16, 2017 @ 5:15 PM
Updated: Saturday, October 21, 2017 @ 1:45 AM

(Nick Graham/Staff)
HANDOUT/MIDDLETOWN JOURNAL
(Nick Graham/Staff)(HANDOUT/MIDDLETOWN JOURNAL)

UPDATE @ 1:45 a.m. (Oct. 21)

An OVI checkpoint Friday night led to one drug arrest but no arrests for impaired driving.

Dayton conducted two checkpoints, with a combined 251 vehicles that went through the checkpoint, according to a release sent early today by the Dayton Police Department.

>>Flames shoot from vacant house in Dayton

At the checkpoint at East Third and Terry streets, of the 137 motorists there were 11 diverted. Citations issued include six with a suspended license and eight with no driver’s license. In patrols around the checkpoint, there were five traffic stops that led to the drug arrest; one driver with no license and another with a suspended license.

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At the checkpoint at South Keowee and East Fifth streets, of the 114 motorists there were seven diverted. Citations issued include three for a suspended license; two for no driver’s license and one driver with temps who did not have a licensed driver in the car. Patrols around the checkpoint led to one stop with a misdemeanor warrant arrest, the release stated.

FIRST REPORT

OVI checkpoints will be held between 8 p.m. and 1 a.m. in two Dayton locations.

Police will be out in the area of East Third and Terry streets and Keowee and East Fifth streets.

State law requires law enforcement to announce sobriety checkpoints ahead of time.

The Combined Agency OVI Task Force of Montgomery County will operate the enforcement, according to a statement released Monday afternoon. 

OTHER LOCAL NEWS: Lawyer denies mishandling estate

According to the OVI task force, there were 596 alcohol-related crashes in Montgomery County in 2016. 

Fourteen people were killed and 273 were injured in those accidents. 

The majority of the deadliest crashes occur on weekends

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