Accused Springboro teacher’s son wants another day in juvenile court

Published: Wednesday, May 16, 2018 @ 6:11 PM


            The son of Springboro teacher Amy Panzeca is seeking another day to argue the boy’s drug case in Warren County Juvenile Court. STAFF/LAWRENCE BUDD
The son of Springboro teacher Amy Panzeca is seeking another day to argue the boy’s drug case in Warren County Juvenile Court. STAFF/LAWRENCE BUDD

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.

RELATED: Son sentenced in drug case also implicating his mother, a local teacher

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.

RELATED: New hearing date set over “missing police videotapes”

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.

RELATED: Warren County drug task force raids Springboro teacher’s home

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.

RELATED: Springboro teacher seeking treatment in lieu of drug conviction

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.

RELATED: Springboro teacher’s bust under scrutiny

Also Wednesday, Hughes asked for his appeal of Kirby’s sentencing of the son — currently in the Ohio 12th Appellate District in Middletown — to be sent back to Kirby’s court until he rules on the new motion.

Trending - Most Read Stories

Coroner ID’s ‘innocent bystander’ shot, killed in drive-by shooting in Dayton

Published: Saturday, May 19, 2018 @ 6:30 PM
Updated: Monday, May 21, 2018 @ 7:23 AM

Dayton Shooting on Euclid Ave.

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.

Police investigate a fatal shooting May 19, 2018, in the 860 block of North Euclid Avenue in Dayton.(DeANGELO BYRD / STAFF)

“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.

>> Boy hurt in March OVI crash involving RTA bus asks for prayers for younger brother

“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.

>> 2 men jailed in Dayton kidnapping, sex-related case

“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.

>> Visitation set for victims of man’s murder-suicide

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

Trending - Most Read Stories

Dayton to activate 5 red-light cameras for 30-day warning period

Published: Friday, May 18, 2018 @ 6:32 PM
Updated: Monday, May 21, 2018 @ 3:58 AM

Dayton residents react to red light, speed cameras turning back on

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.

>> Dayton’s red light, speed cameras will run 24/7 without police present

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:

  • West Third Street at James H. McGee Boulevard (three red light cameras) 
  • North Gettysburg Avenue at Fairbanks Avenue (two speed cameras) 
  • North Main Street at Siebenthaler Avenue (one speed camera) 
  • South Keowee Street between East Third Street and East Fourth Street (two speed cameras) 
  • South Smithville Road at Linden Avenue (two red light cameras) 
  • Area of Troy Street and Stanley Avenue (two mobile speed trailers) 
  • North Main Street near Forest Glen Avenue (one mobile speed trailer). 

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.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

Trending - Most Read Stories

Stealing car ‘faster than walking’ woman tells Dayton police

Published: Sunday, May 20, 2018 @ 12:08 AM

Brittany Grandberry
MONTGOMERY COUNTY JAIL
Brittany Grandberry(MONTGOMERY COUNTY JAIL)

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.

>> 2 men escape Community Correctional Center in Warren County

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.

>> Police say innocent woman shot, killed by high-caliber gun in drive-by shooting

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.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

Trending - Most Read Stories

2 men escape Community Corrections Center in Warren County

Published: Saturday, May 19, 2018 @ 11:14 PM

Daniel Hatfield Jr., left, and Jeremy Mink
Ohio Department of Rehabilitation & Correction
Daniel Hatfield Jr., left, and Jeremy Mink(Ohio Department of Rehabilitation & Correction)

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.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

Trending - Most Read Stories