Judge: Trench death lawsuit can move forward

Published: Monday, January 22, 2018 @ 12:41 PM
Updated: Tuesday, January 23, 2018 @ 1:59 PM

            James Rogers
James Rogers

UPDATE 1 p.m. Jan. 23:

The wrongful death lawsuit of a man who died in a Washington Twp. trench during construction of a home has been reactivated.

Montgomery County Common Pleas Court Judge Erik Blaine ruled Monday that the case involving the death of James Rogers can go forward without defendant Timothy Scott Dickey, who has filed for Chapter 7 in Dayton’s U.S. Bankruptcy Court.

The attorney for Tara Brown, Craig Matthews, said Monday that Dickey’s portion of the lawsuit can be determined after his personal bankruptcy proceedings are over and that Dickey’s company, South Dayton Builders and Remodelers, Inc., has not declared bankruptcy even though it has shut down.


The wrongful death lawsuit filed by the sister of a man “buried alive” when a Washington Twp. trench collapsed in June 2016 is on hold because one of the defendants has filed bankruptcy.

Montgomery County Common Pleas Court Judge Erik Blaine dismissed the case involving the death of James B. Rogers, 33, of Winchester, because South Dayton Builders and Remodelers Inc. owner Timothy Scott Dickey filed for Chapter 7 in Dayton’s U.S. Bankruptcy Court.

Rogers’ sister, Tara Brown, filed the suit in late November against the house’s developer, contractor and a subcontractor.

RELATED: Sister of man ‘buried alive’ files suit in Washington Twp. trench death

Blaine ruled that the suit can be reactivated when the bankruptcy case is complete.

“The family understands the legal process can move slowly but remains confident justice will be served,” said Brown’s attorney, Craig Matthews.

Rogers died June 15, 2016, after a 12-foot deep trench collapsed on him while working for KRW Plumbing of Jamestown, a company that had a trench collapse about a month earlier at another job site, according to Occupational Safety and Health Administrations (OSHA) records.

RELATED: Family of man who died in trench explores legal options

Emergency personnel worked for nearly seven hours to extricate Rogers’ body at 463 Claxton Glen near Marshall Road.

The named defendants are Dickey, KRW Plumbing and its owner Richard S. “Rick” Williams and real estate developer and investor Donald C. Wright.

Wright owned the lot and South Dayton Builders and Remodelers hired KRW Plumbing, according to the complaint.

RELATED: Report: Owner ‘did not tell truth’ about hole where worker died

Matthews already has filed a motion to reactivate the case but Blaine has not yet ruled on it.

In his bankruptcy filing, Dickey checked boxes indicating he had between 100 and 199 creditors, had assets from $100,001-$500,000 and liabilities from $500,001 to $1 million.

Specifically, Dickey wrote that he had $136,197 in assets, liabilities of $620,195 and a monthly income of $5,156.

RELATED: ‘It’s getting deep,’ man texted before death in trench

Messages seeking comment have been left with attorneys for KRW Plumbing and Don Wright.

KRW’s attorney denied the plaintiff’s substantive allegations in an answer filed in court.

Don Wright’s attorney denied the plaintiff’s substantive allegations in an answer and cross-claim, writing that Rogers’ death is “the direct and proximate result of the negligence and/or intervening and superseding acts and/or omissions of named or unnamed defendants and/or third parties over whom this answering Defendant had no direction or control.”

Wright’s attorney wrote that any liability found in Brown’s favor is solely that of the other named defendants.

RELATED: Body of worker trapped in trench found, removed

Dickey has no defense attorney listed in court dockets, but a message seeking comment was sent to his bankruptcy lawyer.

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Multiple shots fired at MJs Fish and Chips in Dayton

Published: Sunday, March 18, 2018 @ 12:08 AM

The owner of MJ’s Fish and Chips arrived Saturday to find that someone fired multiple shots into the building.

Surveillance footage from the restaurant at 1600 W. Riverview Ave. showed that just after 1 a.m. a maroon small sport-utility vehicle, possibly a Kia Sportage, slowly drove south in the wrong direction of Paul Laurence Dunbar Avenue. The SUV briefly paused in front of the store before leaving the area.

>> Customer threatens clerk with gun after he calls him the N-word

At 1:45 a.m., Dayton police officers are seen checking the area after someone reported hearing several shots fired.

Police discovered 11 bullet holes: six in the window to the west of the doorway; three in the sign above the door; and two in the door.

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

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Customer threatens Dayton clerk with gun after racial slur

Published: Saturday, March 17, 2018 @ 10:04 PM

A Dayton man is jailed on gun-related charges this weekend after police say he threatened a clerk who used a racial slur against him.

Police were called around 9 p.m. Friday to Marathon gas station, 1845 N. Main St., on a report of a man with a gun. 

>> Dayton triple homicide suspect pleads guilty, avoids death penalty

The suspect had already gone, but an officer spotted a man who matched his description walking up North Main Street. 

The officer, with backup, apprehended the suspect — identified as 46-year-old Nigel Harrison — at gunpoint, and found a loaded weapon in his waistband, according to a Dayton police report. 

>> Horizon Science Academy staff member fired over threat

The clerk admitted to police he used the N-word against Harrison during an argument after he accused Harrison of shortchanging him. 

According to the police report, Harrison left the store, but came back inside and was yelling, making shooting gestures with his hand. At one point he pulled a gun out of his waistband and held it next to his leg, the report stated. 

>> Fairborn woman accused of stealing $116K from Moraine business

Harrison was booked on suspicion of felonious assault and carrying concealed weapon. He is set to be arraigned Monday in Dayton Municipal Court.

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Baby revived with Narcan: Parents have history of drug incidents, records show

Published: Saturday, March 17, 2018 @ 3:51 PM

Baby revived with Narcan

Parents of a 10-month-old girl revived with Narcan had several other run-ins with police in previous months involving drugs.

Medics and police responded July 15, 2017, to a report of an unresponsive 10-month-old in the 200 block of Billwood Road in Dayton. They had to administer Narcan, an overdose reversal drug, to revive her.

>> Mom pleads guilty; father sentenced after baby is revived with Narcan

Police charged her parents with felony child endangering, after police say 27-year-old Carmen Lovely and 30-year-old Andrew Reboulet tested positive for fentanyl, a drug also found in the baby's system. It’s not clear how the baby came in contact with the deadly drug, but experts say even a tiny bit of powder on her skin could have been enough to put her in shock.

Dayton police records from 2017 alone show a history of drug-related incidents involving the girl’s parents.

>> Dark web fentanyl mailed within U.S. to Dayton address, feds say

In January 2017, police used Narcan to revive Reboulet. The next month, they revived Lovely. After they found her battered and partially clothed, officers wrote: “It appeared as she had been thrown from a vehicle after overdosing.”

In mid-May both parents were with their children at an elementary school. Police arrested Reboulet after they say he drove under the influence with his kids in the car. Officers wrote that Reboulet “almost fell with the baby in his hands. Baby with possible injuries from being dropped on head. (Parents) are screaming at the little boy, like it was his fault that the baby is injured.”

Police took Reboulet to jail, and medics took the infant to the hospital. Less than two months later, medics had to revive the infant.

Carmen Lovely and Andrew Reboulet(MONTGOMERY COUNTY JAIL)

When asked why the couple still had custody of the baby at the time she was exposed to fentanyl, a Montgomery County Children Services spokesperson could only say: “We do have a current open case in this matter.” Case workers were not able to say when the case was opened nor where the children are now.

Both parents pleaded guilty to child endangerment. Reboulet did not get time in prison but was sent to the alternative MonDay Program.

Lovely will be sentenced April 9.

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UD’s St. Patrick’s Day revelry moves indoors after officers in riot gear push back crowds

Published: Saturday, March 17, 2018 @ 5:35 PM
Updated: Saturday, March 17, 2018 @ 7:34 PM

Police tell students and others that they are issuing an order to disburse

UPDATE @ 7:34 p.m.

University of Dayton officials released a statement tonight regarding the decision to clear the large crowds in the student neighborhood.

>>PHOTOS: UD students on St. Patrick’s Day

>>MORE VIDEOS: Police in riot gear in UD neighborhoods  |  James Buechele on the scene in UD neighborhoods  |  Skyview of UD neighborhoods

“University of Dayton police and Dayton police determined that a large crowd blocking Lowes Street, throwing objects at police and others and not responding to police commands, presented an extremely dangerous situation on Saturday afternoon. Police orders to clear the street were not successful and police were withdrawn for safety reasons. Additional UD and Dayton police officers were called and moved to clear the street about 6:30 p.m. The street was cleared in about a half hour without incident. No one was arrested during the dispersal. A strong police presence will be in the student neighborhood Saturday night and on Sunday and if a similar crowd gathers, it will be ordered to disperse.”

UPDATE @ 7 p.m.

Police turned out in riot gear to disperse the St. Patrick’s Day revelry in the streets of the University of Dayton student neighborhood after students started throwing bottles and rocks at them, police said.

As police in crowd control gear were getting ready to walk down the street, a huge cheer went out for a Domino’s pizza delivery driver who brought a couple pies to a house nearby.

Other students started yelling at an officer who got out of the back of a SWAT vehicle. The officer said he’d rather be celebrating himself or at home watching NCAA tournament games.

With the streets clear and most students inside their homes, police were walking the streets, ordering stragglers who remained in yards and porches to go inside.

UPDATE @ 6:30 p.m.

Police cleared the streets of people in the student neighborhood, which were filled with a couple thousand students celebrating St. Patrick’s Day.

Officers in crowd-control gear were walking the streets, ordering students who remain outside to go indoors and lock their doors.

>>PHOTOS: UD students on St. Patrick’s Day

>>MORE VIDEOS: Police in riot gear in UD neighborhoods  |  James Buechele on the scene in UD neighborhoods  |  Skyview of UD neighborhoods


Thousands of students are in the streets and front yards this afternoon, defying orders to leave or go inside.

The University of Dayton students, most wearing green in celebration of St. Patrick’s Day, took to the student neighborhood mostly in the Kiefaber Street area.

Dayton and University of Dayton officers in riot gear with shields in front blocked the street, using a loudspeaker to order students to return to their homes or leave the area.


There were earlier reports of students throwing bottles, rocks and firecrackers, with some hitting officers according to the Montgomery County Regional Dispatch Center.

Vehicles were getting damaged, and some students had on football padding.

Around 5:30 p.m., there were 26 Dayton police cruisers with numerous Dayton police in riot gear. This was in addition to campus police on scene. There also were reports that police may be readying gas masks, possibly to deploy tear gas, according to scanner traffic.

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

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