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Deputy reprimanded for not noticing man in car before towing

Published: Friday, January 02, 2015 @ 2:54 PM
Updated: Wednesday, April 08, 2015 @ 6:42 PM


            Man trapped in car, towed from scene of accident
Man trapped in car, towed from scene of accident

Update@6:42 p.m.:

A Montgomery County Sheriff’s deputy has been disciplined for failing to do a proper inventory on a vehicle that was towed New Year’s Day from a crash scene after the driver was found injured inside that vehicle six hours later.

Deputy Brian Crowe is a senior, “well-trained” employee with the Montgomery County Sheriff’s Office, said Maj. Daryl Wilson. The written reprimand he received March 5 is the first disciplinary action taken against him. The reprimand was for failure to file a proper tow inventory report, which is required for all vehicles prior to it being taken from a crash scene.

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Crowe responded to a single car crash on Wagoner Ford Road in Harrison Twp. New Year’s Day. The car struck a utility pole, causing live power lines to fall across the vehicle. Six hours after the wires were removed and Busy Bee Towing removed the vehicle to their nearby facility, the driver, 42-year-old Mark Gilliam, was heard by tow employees screaming for help. He was found inside the car, and may not have been previously visible due to having fallen under a deployed airbag, Wilson said.

While the wires may have temporarily prevented the deputy from properly surveying the car, Wilson said that did not recuse Crowe from completing the inventory report and filing it. Had Crowe done so, he “may have found the driver.”

“The key word is ‘may,’” Wilson said. “Obviously if he did (the inventory), maybe the gentleman would have been located. That’s besides the point. It’s a violation of policy.”

Gilliam has been released from a local hospital and was cited for failure to control. While Wilson said Crowe made an error not taking an inventory, he said the sheriff’s office is not responsible for what happened to him.

“The sheriff’s office didn’t put that gentleman behind the wheel and make him crash. So things happen,” Wilson said.

Crowe is a patrol officer in Harrison Twp.

First take (Jan. 3):

A man in critical condition was found inside a car six hours after the vehicle was involved in a crash and towed from the scene New Year’s Day.

The victim, who deputies have not yet identified, was transported to Grandview Medical Center in Dayton for treatment of his wounds, which a 911 caller described as leg injuries.

“I towed a car last night. I went to go take care of the lot, this guy’s still in his vehicle,” an unidentified worker from Busy Bee Auto Parts and Towing Inc. told emergency dispatchers around 9 a.m. Thursday. “To tell you the truth, I don’t know if this guy came back to his car and climbed in it.”

Capt. Jeremy Roy with the Montgomery County Sheriff’s Office said the Webster Street tow yard worker opened the front door of the crashed vehicle to throw remaining debris into the vehicle when they heard the man yell for help from the floorboard in the front of the car.

“Since the car was now up on a flatbed they opened up one of the doors to put some more debris into the front seat, which is what they normally do,” Roy said. “At that angle they were able to see that there’s a person in there that had screamed for help.”

Deputies responded to the crash in the 3600 block of Wagner Ford around 3 a.m. New Year’s Day after a Chevrolet Impala crashed into a utility pole and through a fence at Willowview Cemetery.

Roy said deputies and other first responders searched in and around the vehicle, but were unable to locate the driver before clearing the scene around 4:30 a.m.

“Our crews, along with Harrison Township fire, were looking all around the cemetery,” Roy said.

The crash scene was about 500 feet from the Busy Bee Auto Parts and Towing, but deputies are not able to confirm whether the man was in the vehicle when it was towed or if he returned to the vehicle after it was towed to the business.

“It’s still an ongoing and very fluid investigation,” said Roy.

It could be 30 to 45 days until investigators know exactly how the man ended up in the vehicle at the tow yard, Roy said.

“If this is a case where somebody was missed, it’s usually due to a crash involved in a rollover, possibly an ejection, where you’re not really sure where that person is,” Roy said. “We will conduct our full investigation. If we feel there is some issues, or proper protocol or procedures weren’t followed, then we will open up an internal investigation.”

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Family confronts Dayton police during man’s arrest, prompts ‘Signal 99’ call for assistance

Published: Monday, July 16, 2018 @ 6:42 PM
Updated: Tuesday, July 17, 2018 @ 2:07 AM

Signal 99 issued in Dayton, indicating officer needs assistance

UPDATE @ 9:35 p.m.

A 23-year-old Dayton man is jailed on felony drug and weapons charges.

Jason M. Herron is in the Montgomery County Jail following his arrest at 7:30 p.m. in the 200 block of West Parkwood Drive. He was booked on suspicion of carrying concealed weapons, having weapons under disability and drug possession, all felonies, in addition to a misdemeanor drug possession charge, online jail records show.

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Jason M. Herron(MONTGOMERY COUNTY JAIL)

He is scheduled to be arraigned Tuesday in Dayton Municipal Court.

UPDATE @ 7:25 p.m.

Family members confronting police officers after they took an armed man to the ground during an arrest prompted a “Signal 99” call for officers in need of urgent assistance.

The incident began when officers tried make a traffic stop, but the vehicle fled, Dayton police Sgt. Ryan Halburnt said.

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Shortly afterward, they found the vehicle but its passenger, a man in his 20s, had bailed on foot, the sergeant said.

“(Police) started canvassing the neighborhood looking for the suspect that had run from the traffic stop and found the gentleman walking down the 200 block of West Parkwood Avenue. Officers made contact with him and he began to actively resist the police, which forced them to go to the ground,” he said.

Officers found a loaded firearm in the suspect’s waistband and a large amount of drugs in his pocket, Halburnt said.

“As the officers were arresting him the family members, which were a few houses away, saw what was happening and came out to confront the officer, which elicited the ‘Signal 99’ officer needs assistance,” Halburnt said.

It is not clear whether the driver was arrested.

UPDATE @ 6:45 p.m.

A fleeing suspect led police to issue a “Signal 99” for an officer in need of urgent assistance.

Backup arrived quickly, but it was not clear what led a suspect to flee.

 It is unclear if the suspect is in custody.

FIRST REPORT

Police issued a “Signal 99” this evening for officers in need of assistance.

The call for urgent help came shortly before 6:30 p.m. to the 200 block of West Parkwood Drive in Dayton.

We have a crew on the way and will update this report as we learn information.

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

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Body cam video: Englewood officer comforts child left behind after pursuit

Published: Monday, July 16, 2018 @ 11:45 PM

Officer comforts child left behind during pursuit

An Englewood police officer stopped chasing two suspects to comfort a young boy in the middle of a police chase.

Police said the boy’s grandmother and aunt left him behind July 10 as they tried to escape.

Chases are dangerous for everyone involved, but it’s not very often to see the human side of the decisions made in these tense moments — decisions like the one officer Julie Brownfield made when she stopped chasing the suspects to care for a scared boy, which was captured by her body camera. 

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RELATED: Shoplifting suspects with child arrested after high-speed chase in Englewood

The chase reached speeds in excess of 75 mph as an officer pursued two women down Hoke Road last week who were accused of shoplifting from an Englewood Walmart store. The Hyundai Tuscon crashed into some weeds following the 90-second chase. 

Two women in the SUV get out and take off on foot. 

“The officer’s natural instinct, typically, is to pursue the suspect,” Engewood police Sgt. Corey Follick said. 

But that’s not what happened. 

Brownfield, a veteran officer of nearly two decades, is about to chase after the women, until she sees a young boy in the vehicle. 

“Come here, sweetie,” she said to him. 

“I’m not pursuing. They left the child behind. I’m with the child,” she told dispatchers. 

The 7-year-old boy was in the vehicle during the chase, and was left behind by his grandmother and aunt. 

“You OK sweetheart, are you hurt?” the officer asks the child while she tries to comfort him. “It’s OK baby OK?” 

Follick, who is Brownfield’s supervisor, said his officer did the right thing. 

“The video speaks for itself, as you can see, she’s very compassionate with the child, probably being a mother herself, that motherly instinct kicked in,” he said. “Even though most police officers’ instinct is to do whatever they need to do to catch the bad guy — bad gals in this situation — this child’s welfare was more important than apprehending the suspects immediately.”

A short time later, other officers were able to catch up with the women using information relayed by Brownfield. 

Officers took the child’s grandmother, 43-year-old Diona Murray, into custody. Murray’s juvenile daughter, the boy’s aunt, also is facing charges, according to a police report. 

Diona Murray(MONTGOMERY COUNTY JAIL)

Follick said navigating that entire situation wasn’t easy. 

“She has to de-escalate that situation and calm herself down and then also the child that was involved in this incident, and still she was able to communicate to other officers the suspects’ physical description and which direction they ran,” he said. 

The boy was returned safely to his mother in Trotwood. 

As far as his grandmother, Murray is still behind bars at the Montgomery County Jail, where she is being held on $50,000 bond on suspicion of failure to comply with an order or signal of a police officer, online jail records show.

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

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Ohio AG sues Kelly Heating and Air for second time

Published: Monday, July 16, 2018 @ 8:59 PM

Ohio AG files 2nd consumer protection lawsuit against Kelly Heating and Air

The Ohio Attorney General filed a consumer protection lawsuit against Kelly Heating and Air Conditioning for the second time.

AG Mike DeWine said the business, owned by Daniel W. Wells, took money for services never provided.

The last known address for the company — 7616 N. Main St. — is in Clayton where police are getting calls from angry customers.

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Others are trying to track him down there because the business address is still listed online.

One woman who lives on North Main Street by the business said angry people are showing up on her front porch. She even posted a sign on her door.

News Center 7’s Lauren Clark reached Wells by telephone, and asked how customers could contact him. 

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“They can call this number,” he said. “I don’t know why the lady in the house up front is doing what she’s doing. She’s causing all kinds of problems and making all kinds of false allegations about people coming by there.” 

The phone number listed online is 937-469-3889.

This is not the first time Kelly Heating and Air was sued by DeWine. In 2016, a consumer protection lawsuit was filed that alleged shoddy work.

>> Family confronts Dayton police officer during suspect’s arrest, prompt ‘Signal 99’ for officer assistance 

Among allegations in the second consumer protection lawsuit filed last month is that Wells took money for services he never provided. 

“We’re taking this action to protect consumers. We think people should know about the repeated problems customers have had with this operator,” DeWine stated in a release. 

Wells said he is no longer operating as a business.

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

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Police: Man pays for pizza with fake $50 bill; gives driver $1 tip

Published: Tuesday, July 17, 2018 @ 12:00 AM

Experts explain how to tell the difference between fake and real money
Experts explain how to tell the difference between fake and real money

A Hamilton man was charged with petty theft, a first-degree misdemeanor, and failure to appear on a $2,500 warrant after he allegedly paid for pizza with a fake $50 bill, Middletown police said.

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Daniel Gabbard, 24, also had a warrant out of Butler County for larceny and out of Trenton for drug abuse, according to a police report.

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Middletown police were called to Domino’s Pizza, 606 N. University Blvd., at 10 p.m. Friday on a report of a counterfeit $50 bill.

The manager told police she received an order for three large Hawaiian pizzas and one medium pizza and was told to deliver them to an address on South Broad Street.

The driver was met by a man near the address and told he ordered the pizzas. Another man showed up a few minutes later and paid for the pizzas, the report read. The bill was $33, and after giving $17 in change, and the driver was given a $1 tip. That’s when the driver realized the money allegedly was counterfeit. By that time, the subjects had run away, the report read.

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When police arrived at the house where the subjects were seen running, they spotted two men in the back yard. One subject ran away, the other ran into the house, according to the report. Police said they saw one subject hiding in the kitchen. When a female answered the door, she allowed officers inside.

Police said they saw several Domino’s Pizza boxes and the sticker on a box had a South Broad Street address.

Gabbard at first denied the allegations, but then told officers a friend gave him a fake $50 bill that he used to pay for the pizzas, according to the report. He said he knew the bill was counterfeit and he told officers he used another counterfeit $50 bill earlier in the day at a local Auto Zone store.

Gabbard failed to appear Monday morning for his hearing in Middletown Municipal Court, according to court records.

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