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Dayton woman’s trial starts in death of man shot on birthday

Published: Monday, March 20, 2017 @ 12:57 PM


            Nina Davis, accused of murder.
Nina Davis, accused of murder.

A jury has been selected in the murder trial of Nina M. Davis, a Dayton woman accused of shooting and killing Travis Smith in June 2016. Opening statements were expected to begin at 1:45 p.m.

Davis, 35, was indicted for two counts of murder, two counts of felonious assault and one count of tampering with evidence. Smith was shot once on his 34th birthday with a .45-caliber handgun after an argument, according to prosecutors. Police located the weapon hidden inside a dresser drawer.

RELATED: Nina Davis arraigned on murder charges

Montgomery County Common Pleas Court Judge Gregory Singer ruled prosecutors will be able to present evidence that Davis had verbal altercations in which she threatened to kill Smith. Singer also ruled that Davis’ defense attorney can’t present evidence that Smith was a drug dealer.

“(Smith) informed neighbors he was moving out of the home he shared with (Davis) the day before the shooting,” Montgomery County assistant prosecutor Kraig Chadrick wrote in a motion to use so-called bad prior acts. “When interviewed by detectives following the shooting, (Davis) claimed it was an accident.

“It follows that the evidence set forth above goes to show (Davis’) motive for shooting (Smith) as well as a lack of mistake or accident and will be admitted by the State for reason other than (Davis’) character.”

Defense attorney Anthony VanNoy argued against such evidence, saying it would be highly prejudicial to Davis.

“It is impermissible to allow the jury to decide her guilt and sentence, not on the specific facts of the incident she is charged,” VanNoy wrote. “But rather by using unreliable, inaccurate accounts of a prior altercation made by bias neighbors, who grew up with Smith, and may have been taking money from him in exchange for their silence about his drug activities.”

In a written motion, prosecutors also asked Singer to deny information that Smith was involved in drug activity, such as “video surveillance systems, firearms and a safe containing suspected heroin.”

Chadrick wrote that “whether or not the decedent was involved in drug activity is not an essential element of any charge contained in the indictment.”

VanNoy argued Smith’s activities should be fair game.

“Smith’s daily drug activity is relevant because it highlights the lifestyle and toxic environment in which him and Davis had grown accustomed to living,” VanNoy wrote. “Drugs were a constant part of life in the household. Smith frequently carried his gun to protect himself while carrying out his drug activities.”

Chadrick also asked Singer to prevent VanNoy from “commenting on, questioning witnesses, or presenting evidence regarding battered woman syndrome,” which he said is a part of a self-defense claim and not consistent with an accidental shooting defense.

The judge said he would deny VanNoy’s motion unless he could provide evidence that other courts have allowed evidence of battered-women type activity without claiming that defense.

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Sheriff confirms Clark County Jail inmate death

Published: Friday, April 20, 2018 @ 10:45 PM

A group of cells at the Clark County Jail.
A group of cells at the Clark County Jail.

Clark County Sheriff Deb Burchett Friday night confirmed a jail inmate was found hanging in his cell.

The man was found around 6 p.m.

The sheriff said the Clark County coroner was able to make contact with the man’s family.

His name was not released.

The incident is under investigation.

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Woman killed, 2 infants and a man critically hurt after SUV hits buggy in Shelby Co.

Published: Friday, April 20, 2018 @ 9:11 PM
Updated: Friday, April 20, 2018 @ 11:50 PM

Crash

UPDATE @ 11:50 p.m.

A 23-year-old woman was killed and two infants and a man critically injured Friday night after they were ejected from a buggy in an alcohol-related crash.

“The preliminary investigation indicated that the buggy was westbound, properly lit, on state Route 47. A westbound SUV struck the buggy from behind,” Lt. Tim Bender of the Shelby County Sheriff’s Office said of the deadly crash involving four members of a local Amish family.

(JIM NOELKER / STAFF)

The crash happened just before 9 p.m. in the 22000 block of state Route 47 West near Tawawa-Maplewood Road in Shelby County near the Logan County border.

The woman was pronounced dead at the scene. Two infants were flown by CareFlight to a Dayton hospital, and a man was taken to Wilson Memorial Hospital, then transferred to Miami Valley Hospital in Dayton. The infants and man “are in critical condition at this time,” Bender said.

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None of the victims’ names have been released.

The SUV driver, whose name also has not been released, attempted to flee but his vehicle was stuck so he ran on foot, the lieutenant said.

“He was apprehended by Logan County Sheriff’s deputies about a mile from the scene,” Bender said. “It is possible the driver of the vehicle was alcohol-involved.”

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The SUV driver suffered minor injuries.

“The horse (pulling the buggy) also had minor visible injuries and was taken to a farm nearby,” Bender said.

The 911 call originally went to Logan County because the crash happened so close to the county line,and both agencies are handling the crash jointly, Bender said.

The SUV driver will be cited for assured clear distance and likely will face more charges in the fatal crash.

FIRST REPORT

Crews were called tonight to a serious crash between a vehicle and buggy.

The collision was reported just before 9 p.m. in the 22000 block of state Route 47 West, near Township Road 33 North.

According to initial reports, there are at least three people injured.

The Shelby County Sheriff’s Office dispatch said no other information was available at this time.

Two CareFlight medical helicopters have been requested.

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

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Dayton school aide fired over sex abuse claim sues, calls report false

Published: Friday, April 20, 2018 @ 5:00 AM

Ajilon Harmon sued DPS in civil court.

Former classroom aide Ajilon Harmon has sued Dayton Public Schools, two former DPS employees and the man who accused him of sexual assault, 11 months after the school district fired Harmon about that claim of sexually abusing a student in 1990.

Harmon’s lawsuit in Montgomery County Common Pleas Court names as defendants the school board, former superintendent Rhonda Corr, former DPS safety director Jamie Bullens, and the former student who years later accused Harmon of abuse.

MAY 2017: School board votes to fire Harmon over abuse claim

Harmon argues the man’s allegations were false and that DPS officials should have known that. This news organization is not naming the accuser, based on its policy for victims of alleged sexual abuse.

Harmon’s claims in the lawsuit include racial discrimination, breach of contract and defamation. He is seeking compensatory and punitive damages, and he has requested a jury trial.

Current DPS Superintendent Elizabeth Lolli said this week she could not comment on the lawsuit. Bullens also declined comment, while Corr and Harmon’s accuser could not immediately be reached.

MARCH 2017: Harmon on leave over allegation of decades-old abuse

The former student, now in his 40s, first told DPS officials and Dayton police in 2007 that Harmon had supplied him alcohol, photographed him nude, then sexually assaulted him at his home in 1990. No action was taken at the time by police or school officials. Harmon’s lawsuit claims both groups said the allegations weren’t credible.

Dayton’s school board voted to fire Ajilon Harmon on May 24, 2017.(Staff Writer)

In January 2016, the accuser allegedly assaulted Harmon when he saw him at a DPS sporting event. Questioned about that incident, the man repeated his allegations of years-old abuse by Harmon. Shortly after that, DPS placed Harmon on administrative leave from his job as a paraprofessional at Longfellow School.

DPS’ internal investigation, run by Bullens, found that the former student was “credible and truthful” about the abuse claim.

RELATED: DPS aide Murphy sentenced for felony sex charge

Harmon’s lawsuit accuses Bullens of “intentionally conducting a fraudulent, sham investigation” and compiling a report containing “false and scandalous allegations” against Harmon.

The lawsuit says DPS never contacted Harmon to get his account of the case during the 13 months that he was on administrative leave. It also says that his accuser defamed him at Harmon’s April 2017 hearing before DPS officials, saying the accuser knew the allegations he made that day (and previously) were false.

Dayton’s school board voted to fire Harmon on May 24, 2017. In his lawsuit, Harmon claims DPS was guilty of pervasive harassment and discrimination against him based on his race, saying DPS treated “similarly situated non-minority employees more favorably” than they treated him.

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Miamisburg porch package snatcher indicted on drug charges

Published: Friday, April 20, 2018 @ 4:58 PM

William L. Alcorn
MONTGOMERY COUNTY JAIL
William L. Alcorn(MONTGOMERY COUNTY JAIL)

A 31-year-old Miamisburg man who admitted to stealing packages from a porch late last year was indicted today on felony drug charges.

William L. Alcorn is charged with possession of cocaine and aggravated possession of drugs for having methamphetamine, according to a Montgomery County grand jury report released today.

RELATED: Suspected porch package snatcher arrested in Miamisburg ID’d

The charges stem from Alcorn’s Dec. 19 arrest after he was caught stealing packages from porches on Lawrence Avenue in Miamisburg.

He also was charged with misdemeanor theft in that incident. He pleaded guilty in Miamisburg Municipal Court and was sentenced Jan. 4 to 180 days in jail with 163 days suspended plus credit for 17 days. He also was ordered to complete substance abuse treatment and serve two years of reporting probation, online court records show.

READ: MORE LOCAL CRIME NEWS

He was ordered to appear for arraignment May 1 on the drug charges in Montgomery County Common Pleas Court.

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