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Published: Monday, January 22, 2018 @ 3:47 PM
The civil lawsuit of a former Montgomery County Jail inmate who was denied a mattress could reach a federal jury Tuesday.
Testimony wrapped up just after noon in David O. Cooper’s lawsuit against Montgomery County in Dayton’s U.S. District Court.
U.S. District Court Judge Walter Rice released jurors until Tuesday morning, when Rice said jury instructions and closing arguments will commence.
Defendants rested earlier Monday before Cooper took the stand as a rebuttal witness. His attorney, John Helbling, asked Cooper about the conditions of his stay including how often he was able to shower, what the meal schedule was and the night he and other inmates in the holding cells were given hard mats.
Cooper said the mat he received in late September or early October 2012 was inflexible and had no stitching. Cooper also said he never tried to harm himself with the mattresses he had while in general population.
The defendants include Montgomery County, former jail commander Major Daryl Wilson and Capt. Chuck Crosby. Helbling suggested in opening statements that if jurors found the county liable that they could reward damages between $3 million and $4 million.
Court documents indicate the county argues that Cooper’s incarceration conditions do not rise to liability.
The civil lawsuit is the first of several filed against jail staff in recent years for alleged abuse and/or neglect to go to trial.
Four other cases have settled for $888,000 plus the county spent another $444,000 on outside legal counsel and litigation costs, according to county records. Other cases are pending.
JUSTICE IN THE JAILHOUSE: Lawsuits, accusations plague region’s county jails
Published: Saturday, May 26, 2018 @ 12:00 AM
FAIRFIELD — A 19-year-old woman is facing a felony charge after police said she was found in possession of 93 sedative pills.
A Fairfield police officer pulled a vehicle over on Pleasant Avenue near Hunter Road on May 23 for having no license plate lights. While approaching the vehicle, the officer said he saw the driver “stuffing a bag between her legs inside her pants.”
POLICE NEWS: Hamilton man cited for hitting house with car
The driver, Trinity Gilbert, of Hamilton, was ordered to remove the bag and place it on the seat.
The resealable bag contained 93 alprazolam pills, which often goes by the brand name of Xanax.
Gilbert said the pills belonged to a friend — a person she would not name — that left them in the vehicle, according to a police report.
“At the time of the stop she was wearing pajama pants and a knit shirt,” according to the officer’s report. “Based on her clothing, it didn’t appear she had planned on being in public.”
Published: Saturday, May 26, 2018 @ 4:18 AM
Investigators with the Lacey Police Department said a man walked into the restaurant and ordered a cup of coffee, but was upset over the 97-cent price.
After he received his coffee, the man poured it into his to-go mug and then demanded a refill from the manager.
Investigators said the manager asked the man to leave after he got verbally abusive about the price of the coffee.
The man then got upset and threw the cup of hot coffee into the manager’s face and fled.
Do you know this guy? He threw hot coffee in the employees face this morning. pic.twitter.com/a9HuD9Sd6T— Lacey Police (@LaceyPolice) May 25, 2018
Police said the manager had burns on her neck. KIRO reported that the manager was being treated for third-degree burns.
The man is being sought for simple assault, according to Lacey Police.
Published: Friday, May 25, 2018 @ 7:53 PM
Updated: Friday, May 25, 2018 @ 11:51 PM
COLUMBUS — UPDATE @ 11:50 p.m.: The alert for the 79-year-old Columbus man has been canceled.
An Endangered Missing Adult Alert has been issued for a Columbus man.
Stanley Lapcynski, 79, suffers from dementia and was last seen around noon Friday when he left his residence but did not return.
He stands 5 feet 6 inches and weighs 190 pounds with brown hair and blue eyes. He was last seen wearing a Home Depot shirt and blue jeans.
He is believed to be driving a dark green 2001 Chevrolet Aveo with Ohio plate FFW4599.
Published: Friday, May 25, 2018 @ 4:27 PM
MIDDLETOWN — A Middletown woman pleaded no contest to a lesser degree arson charge Friday afternoon in Middletown Municipal Court.
Last week, Georgia Osborne, 35, was charged with arson, a fourth-degree felony, after she started a fire in her jail cell around 7 a.m. May 17. She used a lighter to catch a blanket on fire while she sat on the concrete floor, according to the police report. She sneaked the lighter into the jail, the report said.
Osborne, represented by attorney James Calhoun, pleaded no contest to arson and criminal trespass and was sentenced to 180 days in jail with credit for eight days served.
Middletown Municipal Court Judge James Sherron initially said he would release Osborne on probation if she met with representatives from Access Counseling, provide a negative drug screen when she returns to court in two weeks, and not be charged with additional crimes.
But after meeting with Calhoun, the city prosecutor and a representative from Access Counseling, Sherron changed his mind. The judge revoked Osborne’s probation and sent her back to jail.
After reviewing Osborne’s criminal history on his computer, Sherron noted that in 17 years, she had 53 cases in Middletown court.
“Is that something to be proud of?” Sherron asked her.
“It’s embarrassing,” Osborne said, burying her face in her right hand.
Osborne said she has a 4-month-old son and she had hoped to live with her mother, who was at the court hearing.