Grand jury declines to indict Dayton man accused of firing rifle into ceiling

UPDATE @ 10:05 p.m. (Oct. 16):

A Montgomery County grand jury declined to indict a 63-year-old man who faced a charge of having weapons under disability.

Daryl Stephens was accused of firing a weapon into the ceiling of a residence.

FIRST REPORT (Sept. 26):

Police were sent to the 300 block of Leland Avenue on Tuesday morning after a tenant told them an intoxicated man fired at least 12 rounds into the ceiling.

According to a Dayton police report, a woman was in the bedroom when 63-year-old Daryl Stephens fired a semi-automatic rifle.

She left the through a side door and returned with the home’s owner, who lives across the street. Together, they retrieved the gun while Stephens was in the bathroom, the report stated.

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Four rounds were found in the Glenfield Model 60, according to the report.

Police found found several shell casings matching ammunition from the rifle, broken plaster and paint chips on the floor as well as two opened 24-ounce beer cans.

Stephens was slurring his speech and emitted an alcoholic odor when they arrested him, the officers said in their report.

Stephens was booked into the Montgomery County Jail on charges of weapons possession as a felon (a prior aggravated robbery charge) as well as additional warrants.