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.

EARLIER

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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Coroner ID’s woman shot, killed in drive-by shooting in Dayton

Published: Saturday, May 19, 2018 @ 6:30 PM
Updated: Sunday, May 20, 2018 @ 11:33 AM

Dayton Shooting on Euclid Ave.

UPDATE @ 11:26 a.m.

Montgomery County Coroner’s Office confirmed Sherrell Wheatley, 62, of Dayton was the woman shot and killed Saturday while walking near a house targeted by a drive-by shooting in Dayton.

UPDATE @ 9 p.m.

A woman in her 60s was gunned down this evening when she was walking near a house targeted by a drive-by shooting, police said.

The woman, whose name was not released, was an innocent bystander who suffered at least one gunshot wound; she was taken to Miami Valley Hospital, where she succumbed to her injuries, Dayton police Sgt. Creigee Coleman said.

Police investigate a fatal shooting May 19, 2018, in the 860 block of North Euclid Avenue in Dayton.(DeANGELO BYRD / STAFF)

“A vehicle driven by a male had another male inside the vehicle, and that male fired several rounds towards an unknown house in an attempt to probably cause damage to that house,” Coleman said.

The passenger fired five or six rounds, he said.

Aaron Taylor said the woman was his great aunt.

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“I just happened to pull up, see my auntie in the grass dead,” he said.

He described his aunt as a sweet lady and matriarch of his family and the community.

“Definitely innocent bystander walking up the street,” Taylor said.

Police are searching for a silver Ford Taurus or similar four-door car, and also are asking for the public’s help to come forward with any information.

>> 2 men jailed in Dayton kidnapping, sex-related case

“Now this is a situation where a person was indiscriminately firing a weapon, a large-caliber weapon from what I’ve been told, at a house and a person who was innocent just happened to be walking by and got hit by a bullet that has no eyes,” Coleman said.

FIRST REPORT

Police and medics were called this evening to a shooting.

The shooting was reported at 6:10 p.m. in the 800 block of North Euclid Avenue.

At least one person was shot, according to the Montgomery County Regional Dispatch Center.

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According to initial reports, a caller heard 12 to 15 gunshots and saw a woman on the ground.

We are on the way and will update this report as we learn details.

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

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Stealing car ‘faster than walking’ woman tells Dayton police

Published: Sunday, May 20, 2018 @ 12:08 AM

Brittany Grandberry
MONTGOMERY COUNTY JAIL
Brittany Grandberry(MONTGOMERY COUNTY JAIL)

A woman accused of grand theft auto said she drove off in a stolen car “because it was faster than walking,” according to a Dayton police report.

Police were called around 9:45 p.m. Friday to Church’s Chicken, 2443 N. Gettysburg Ave., after a woman said her white 2018 Chevrolet Equinox rental was stolen from the parking lot after she went inside to get food.

>> 2 men escape Community Correctional Center in Warren County

The rented vehicle was tracked using OnStar, and a Dayton officer was able to find it a little more than three miles away in the 100 block of North Plaza Avenue, according to a police report.

Police identified the alleged driver as 36-year-old Brittany Grandberry.

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When asked why she drove the vehicle: “she stated that she walked past it and saw it was running and walked back to it. She stated that she drove the vehicle away from Church’s Chicken because it was faster than walking.”

Grandberry is due Monday in Dayton Municipal Court.

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

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2 men escape Community Corrections Center in Warren County

Published: Saturday, May 19, 2018 @ 11:14 PM

Daniel Hatfield Jr., left, and Jeremy Mink
Ohio Department of Rehabilitation & Correction
Daniel Hatfield Jr., left, and Jeremy Mink(Ohio Department of Rehabilitation & Correction)

Law enforcement is asking for the public’s help to find two prisoners who escaped Saturday night from the Community Correctional Center.

Deputies from the Warren County Sheriff’s Office responded around 8:30 p.m. to the area of 5234 state Route 63, the CCC, for a report of two men running through a field. They jumped into an older model silver minivan and fled the area.

The men are identified as Daniel Hatfield Jr. and Jeremy Mink, and were confirmed to have escaped from the facility run by the Ohio Department of Rehabilitation & Correction, according to the sheriff’s office.

Hatfield, 27, stands 5 feet 6 inches, weighs 186 pounds, has blue eyes and brown hair. He was last seen wearing tan pants and a white shirt. He is sentenced to CCC after being convicted of a probation violation for drug offenses out of Butler County.

Mink 28, stands 6 feet, 1 inch, weighs 195 pounds has blue eyes and brown hair. He was last seen wearing tan pants and no shirt. He was sentenced to CCC after being convicted of drug offenses out of Clermont County.

Anyone with information on either man’s whereabouts is urged to contact the Warren County Sheriff’s Office at 513-695-1280.

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

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Sobriety checkpoint: Related patrols net 2 OVI arrests in Trotwood

Published: Friday, May 18, 2018 @ 7:45 PM
Updated: Saturday, May 19, 2018 @ 10:15 PM



Getty Images/iStockphoto
(Getty Images/iStockphoto)

UPDATE @ 10:15 p.m.

Patrols near a sobriety checkpoint Friday night in Trotwood netted two OVI arrests, the Montgomery County Combined Agency Task Force announced tonight.

More than 225 vehicles passed through the checkpoint at 4825 Salem Ave., which resulted in five citations: one for no seat belt; two for driving under suspension and two for no operator's license. 

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In nearby patrols, there were nine traffic stops with two OVI arrests; three citations for no seat belt; one citation for fictitious registration; and one misdemeanor summons for marijuana possession, according to the task force. 

The goals of the sobriety checkpoints are to provide public awareness to the consequences of driving under the influence, reduce the number of impaired drivers on the roadways, reduce the number of alcohol-related traffic crashes, and make the roadways a safer place to travel, the task force said.

FIRST REPORT

An OVI checkpoint is planned for tonight in Trotwood.

The Montgomery County Combined Agency OVI Task Force’s sobriety checkpoint starts at 8 p.m. in the 4800 block of Salem Avenue.

Ohio law requires OVI checkpoints to be publicized ahead of time.

There also will be patrols in the area of the checkpoint in addition to patrols for the “Click It or Ticket” campaign through May and June, according to the task force.

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

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