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Published: Wednesday, May 16, 2018 @ 6:11 PM
SPRINGBORO — The lawyer for a Springboro teen who was sentenced in a drug case that is still pending against his mother, a school teacher, wants the boy’s conviction set aside because of testimony on his mother’s case.
Lawyer Kevin Hughes urged Judge Joe Kirby to set aside his December 2017 decision and sentence in the case of teacher Amy Panzeca’s teenage son. The boy, who had already served 15 days in detention, was sentenced to 45 more days and ordered to complete an inpatient program that takes four to six months.
Panzeca, a teacher for more than 20 years at Five Points Elementary School in Clearcreek Twp., is on leave while facing allegations that she allowed her home to become a “party house” and assisted her son in purchasing drugs using the online currency bitcoin.
In April, two Springboro patrolmen testified about videos taken during investigation in the case in March and April 2017.
Judge Donald Oda II is expected to rule on motions filed by Panzeca’s lawyer, Andre Ostrowski, in Warren County Common Pleas Court seeking sanctions, including dismissal of the case against her.
Oda, who issued a search warrant that’s also challenged in the case, granted a hearing on claims similar to those Hughes made in the son’s case — and overruled by Kirby — before the boy entered a no-contest plea.
“Since the judge that signed and executed the search warrant in the first place granted a Franks hearing, this court must also do the same and permit defendant to cross-examine the officers,” Hughes said in the motion filed Wednesday in Warren County Juvenile Court.
A Franks hearing is used to determine if officers who sought a search warrant were truthful in obtaining it.
Panzeca was charged with drug abuse and child endangering after an undercover raid last May of her home in the city’s Settlers Walk planned community.
In two motions filed after an April suppression hearing, Panzeca’s lawyer, Andrea Ostrowski, asked Oda not to rule on the suppression “until the matter of the missing police videotapes is resolved.”
Ostrowski said she would push her suppression motion if the tapes are not brought to court and press for sanctions against prosecutors - including dismissal of the case - if they are not.
In another motion, Ostrowski “seeks to compel” prosecutors to provide the videotapes that she learned of during the suppression hearing and that she suggests were “destroyed,” citing a Dayton Daily News article.
Warren County Prosecutor David Fornshell has indicated his office would respond in court.
Published: Saturday, May 19, 2018 @ 6:30 PM
Updated: Monday, May 21, 2018 @ 7:23 AM
DAYTON — An innocent bystander was fatally shot Saturday evening when she was walking near a house targeted by a drive-by shooting, police said.
Sherrell Wheatley, 62, of Dayton was the woman shot and killed, according to the Montgomery County Coroner’s Office.
Wheatley was an innocent bystander who suffered at least one gunshot wound as she was walking in the 800 block of North Euclid Avenue around 6:10 p.m. She was taken to Miami Valley Hospital, where she succumbed to her injuries, Dayton police Sgt. Creigee Coleman said.
“A vehicle driven by a male had another male inside the vehicle, and that male fired several rounds towards an unknown house in an attempt to probably cause damage to that house,” Coleman said.
The passenger fired five or six rounds, he said.
Aaron Taylor said the woman was his great aunt.
“I just happened to pull up, see my auntie in the grass dead,” he said.
He described his aunt as a sweet lady and matriarch of his family and the community.
“Definitely innocent bystander walking up the street,” Taylor said.
Police are searching for a silver Ford Taurus or similar four-door car, and also are asking for the public’s help to come forward with any information.
“Now this is a situation where a person was indiscriminately firing a weapon, a large-caliber weapon from what I’ve been told, at a house and a person who was innocent just happened to be walking by and got hit by a bullet that has no eyes,” Coleman said.
Published: Friday, May 18, 2018 @ 6:32 PM
Updated: Monday, May 21, 2018 @ 3:58 AM
DAYTON — Five traffic enforcement red-light cameras will be activated starting today at two intersections.
Three cameras will be at James H. McGee Boulevard and West Third Street, and two others are at Linden Avenue and South Smithville Road. A 30-day warning period begins Monday at both locations, according to a release from the city.
During the warning period, the registered owner of a vehicle committing a violation will be sent a warning in the mail. After 30 days, citations will be issued by mail, according to the city.
Activation of these red-light cameras completes the Dayton Police Department’s plan for traffic enforcement cameras.
Following is a list of fixed-site camera locations, along with the current locations of mobile speed trailers:
The Dayton Police Department also uses six handheld speed enforcement camera units.
There have been 84 fewer injury crashes (432) to date in 2018 compared to 516 injury crashes during the same period in 2017, the city reported.
Published: Sunday, May 20, 2018 @ 12:08 AM
DAYTON — A woman accused of grand theft auto said she drove off in a stolen car “because it was faster than walking,” according to a Dayton police report.
Police were called around 9:45 p.m. Friday to Church’s Chicken, 2443 N. Gettysburg Ave., after a woman said her white 2018 Chevrolet Equinox rental was stolen from the parking lot after she went inside to get food.
The rented vehicle was tracked using OnStar, and a Dayton officer was able to find it a little more than three miles away in the 100 block of North Plaza Avenue, according to a police report.
Police identified the alleged driver as 36-year-old Brittany Grandberry.
When asked why she drove the vehicle: “she stated that she walked past it and saw it was running and walked back to it. She stated that she drove the vehicle away from Church’s Chicken because it was faster than walking.”
Grandberry is due Monday in Dayton Municipal Court.
Published: Saturday, May 19, 2018 @ 11:14 PM
TURTLECREEK TWP. — Law enforcement is asking for the public’s help to find two prisoners who escaped Saturday night from the Community Correctional Center.
Deputies from the Warren County Sheriff’s Office responded around 8:30 p.m. to the area of 5234 state Route 63, the CCC, for a report of two men running through a field. They jumped into an older model silver minivan and fled the area.
The men are identified as Daniel Hatfield Jr. and Jeremy Mink, and were confirmed to have escaped from the facility run by the Ohio Department of Rehabilitation & Correction, according to the sheriff’s office.
Hatfield, 27, stands 5 feet 6 inches, weighs 186 pounds, has blue eyes and brown hair. He was last seen wearing tan pants and a white shirt. He is sentenced to CCC after being convicted of a probation violation for drug offenses out of Butler County.
Mink 28, stands 6 feet, 1 inch, weighs 195 pounds has blue eyes and brown hair. He was last seen wearing tan pants and no shirt. He was sentenced to CCC after being convicted of drug offenses out of Clermont County.
Anyone with information on either man’s whereabouts is urged to contact the Warren County Sheriff’s Office at 513-695-1280.