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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: Wednesday, March 21, 2018 @ 6:37 PM
TROY — A Michigan man who led state troopers on a 55-mile chase from Piqua to Allen County in November was sentenced Monday in Miami County Common Pleas Court to 30 months in prison.
David Nehmer, 27, of Paw Paw, Michigan, was sentenced to 30 months in prison for failure to comply with the order or signal of a police officer and six months in jail for driving while under the influence. The sentences will be served concurrently in the penitentiary. Nehmer’s driver’s license was also suspended for five years.
Nehmer was arrested in the early morning hours on Interstate 75 near Bluffton. The pursuit began in Piqua after troopers received a report of a vehicle driving on its rims.
The pursuit of Nehmer — wanted on warrants out of Michigan — included speeds of more than 120 mph, troopers said.
Janna Parker, an assistant county prosecutor, said Nehmer was on parole in Michigan at the time of the chase that included what she called “insanely fast speeds” on tire rims. She said Nehmer put not only himself but multiple police officers and countless motorists at risk.
Judge Christopher Gee sentenced Nehmer, calling the pursuit “a horrific and very dangerous chase.” Gee said Nehmer was fortunate no one, including him, was injured.
“This kind of behavior cannot be condoned in any way,” Gee said.
Read trending stories from the Dayton Daily News:
Published: Wednesday, March 21, 2018 @ 5:57 PM
Updated: Wednesday, March 21, 2018 @ 6:30 PM
CLARK COUNTY, Ohio — The Clark County Sheriff’s Office says a woman’s 3-month-old daughter who died of Sudden Infant Death Syndrome in 1984 was buried in the wrong grave at a family plot in Glen Haven Memorial Gardens in Bethel Twp.
Connie Rosellen told News Center 7 she discovered the mistake after the death of her stepfather. During his burial, cemetery officials reportedly struck her daughter’s casket and broke it.
Rosellen said she called deputies last week after arriving at the cemetery for her daughter’s disinterment and reburial and allegedly found the baby’s remains in what she described as a shallow grave, covered only by the blanket she was buried with, a tarp and and a plywood board.
The Clark County Sheriff’s Office says multiple deputies responded to the cemetery but they didn’t open a criminal case. According to their initial investigation, the cemetery followed all legal procedures.
Published: Wednesday, March 21, 2018 @ 9:44 AM
Updated: Wednesday, March 21, 2018 @ 11:58 AM
— A wrongful death civil lawsuit has been filed in the October Moraine police officer-involved fatal shooting of a Dayton man.
The lawsuit filed Tuesday in federal court by the estate of Jamarco McShann alleges a conspiracy and misconduct involving several Moraine police officers.
“Defendant Officers John Howard, Jerry Knight, Michael Cornely, Justin Eller, Brian O’Neal, and unnamed officers willfully and maliciously shot Jamarco Dewayne McShann to death, and/or failed to intervene to prevent the use of deadly force against him despite the duty and the opportunity to do so,” the lawsuit states.
On Wednesday, the attorneys that filed the suit had a press conference that included other community activists and mothers of other Ohio men who have been shot and killed by police.
“Jamarco McShann’s rights were violated,” said attorney Andrew Stroth, who filed the lawsuit. “He was unjustifiably shot and killed. There was no provocation. There was no threat of danger. The officers shot and killed him through the back of his vehicle. And the lawsuit outlines the allegations.”
Rev. Jerome McCorry, president and CEO of the National Congress on Faith & Social Justice, said: "We will fight for justice until justice is done.” Attorneys for the family also said it was “unacceptable” that the officers who fired their guns were back on full duty.
“The City of Moraine does not comment on pending litigation,” read a statement made Wednesday by Moraine law director Buzz Portune, “but is satisfied that all actions taken by its Division of Police and officers involved in the matter were fully compliant with all applicable law enforcement standards and appropriate under the circumstances.”
“The defendant officers otherwise acted both willfully, wantonly, recklessly, negligently, intentionally, and with malice and willful indifference in committing the acts alleged in this complaint, which resulted in the wrongful death of Jamarco McShann,” according to the suit.
The 23-year-old McShann, died from “multiple shotgun and gunshot wounds” after a confrontation with Moraine officers John Howard and Jerry Knight in the early-morning hours of Oct. 20, according to the Montgomery County Coroner’s Office.
The Ohio Bureau of Criminal Investigation oversaw a probe into the matter at the request of the Moraine Police Division. That has been forwarded to the Montgomery County Prosecutor’s Office.
Published: Wednesday, March 21, 2018 @ 3:26 PM
TROY — A Piqua man pleaded guilty Wednesday to felony rape in a case heard in Miami County Common Pleas Court.
Dylan Cost, 21, initially faced one count of rape for alleged sexual conduct with a person under age 13, in August in Piqua. As part of a plea deal, that charge will be dismissed.
The new charge does not specify the age of the victim and carries a shorter potential sentence. He could receive up to 11 years in prison at sentencing April 30. The original charge carried a possible life sentence.
Judge Jeannine Pratt found Cost guilty and ordered a pre-sentence investigation.
He will be classified as a Tier III sex offender at sentencing. The designation will require him to register his address at the sheriff’s office in the county where he lives every 90 days for the rest of his life after prison release.