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Published: Wednesday, November 22, 2017 @ 11:32 AM
DAYTON — A woman found snoring reportedly overdosed during sex with her boyfriend early Wednesday.
Around 4 a.m. Nov. 22, Dayton police and medics responded to the 400 block of Sheridan Avenue.
A concerned boyfriend, 28-years-old, called 911 after his girlfriend reportedly overdosed during sex, the police report says.
She was found by police partially clothed on the couch, snoring and unresponsive from a suspected heroin drug overdose.
The 33-year-old woman woke up after a couple doses of Narcan and was taken to Miami Valley Hospital.
Published: Monday, March 19, 2018 @ 2:17 PM
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.
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.
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:
Published: Monday, March 19, 2018 @ 9:20 AM
Updated: Monday, March 19, 2018 @ 10:36 AM
UPDATE @ 10:20 a.m.: Patrick O’Donnell, the former Indian Lake superintendent who pleaded to a count of gross sexual imposition, will spend more than four years in prison.
He was sentenced today to 54 months in prison. He also will have to register as a Tier Two sex offender upon his release from prison.
FIRST POST: The former Indian Lake superintendent who pleaded to a count of gross sexual imposition will be sentenced this morning.
Patrick O’Donnell who was found guilty after entering an Alford plea just before opening arguments in the trial against him were to begin last month.
He faces a maximum of five years in prison and a $10,000 fine. He will also have to register as a sex offender for 25 years.
An Alford plea isn’t an admission of guilt, defense attorney Sam Shamansky said, but a plea that accepts its punishment.
O’Donnell had faced 14 child-sex related charges, including rape, gross sexual imposition and sexual battery. He entered the Alford plea to one count of gross sexual imposition and the rest of the charges were dismissed as part of a plea deal.
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Published: Monday, March 19, 2018 @ 3:14 PM
MIDDLETOWN — A 29-year-old Middletown man is accused of forging 26 checks and making cash withdrawals from a 93-year-old neighbor’s account worth $8,500 in late 2015 and early 2016.
A list issued today by the Warren County Prosecutor’s office indicates Shawn M. Hill was indicted on two counts of theft from a person in a protected class and 26 counts of forgery.
County Prosecutor David Fornshell said Hill also asked to borrow money while awaiting a settlement from a dog-bite case, “providing forged documentation indicating he was going to receive significant settlement proceeds.”
The neighbor loaned him $34,000, only to learn “there never was a dog-bite settlement” and was never repaid, Fornshell added in a text message.
Fornshell said the loan problem was discovered first, the other allegations later after further investigation.
Published: Monday, March 19, 2018 @ 2:11 PM
At first, Ohio native Taryn Gootee didn’t think twice about the explosion near her Austin, Texas, house.
“I kind of assumed it was maybe like a meth lab or something like that, because it wasn’t super publicized,” Gootee said. “Then it started getting really scary.”
On March 12, another two package bombs went off. One in the morning, another around noon.
And then last night, another explosion tore through a quiet Southwest Austin neighborhood, sending two men to the hospital with serious injuries and heightening worries that a serial package bomber is targeting the city’s residents.
Gootee, who grew up in Union and graduated from Northmont High School, shared her story in an interview with AM 1290 and News 95.7 WHIO’s Brittany Otto.
“Any time you’d go out to get a package from your front porch, it was scary,” she said. “We’re on edge every time we get a delivery. We all use Amazon all the time.”
Austin police said investigators believe Sunday night’s bomb was similar to the other bombs that exploded in Austin this month, but was activated by a trip wire – a development that authorities say indicates a higher level of sophistication and more danger because a trip wire isn’t targeting a specific person.
“Now it’s like even crazier,” Gootee said. “Now you can just be driving down the street and you can trip one of these things.”
Police said residents should not only avoid suspicious packages, bags or backpacks, but also avoid moving them because of the possibility of trip wires. Authorities say trip wires can detonate a bomb whenever any pressure is put on the wire by wither tripping over it or pulling on it.
“This is 100 percent real, it could affect any one of us,” Gootee said. “I didn’t expect to have to deal with something like this in Austin.”
Read more stories:
The Austin American-Statesman staff contributed reporting.