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Published: Wednesday, June 11, 2014 @ 2:54 PM
Updated: Thursday, June 12, 2014 @ 1:32 PM
HAMILTON — A Hamilton man who admitted last year to having sex with a pool raft has been arrested again for the same alleged behavior.
Edwin Tobergta, 35, of Harmon Avenue, was charged today with felony public indecency after a passerby observed him nude having simulated sex with a pink life raft at about 8 a.m. on Ohio 4, according to the Hamilton police report.
According to a 911 call, a man passing by the Wendell Greene Motors lot at 698 Dixie Hwy. said he saw “a guy back here naked having sex or something with something.”
Last November, Tobergta was sentenced to prison for 11 months by Butler County Judge Charles Pater after pleading guilty to public indecency for also having sex with a pool raft while in public view.
Tobergta was released from prison on May 17 and placed on five years parole, according to the Ohio Department of Rehabilitation and Corrections website.
Before he was sentenced last year, Tobergta begged Pater not to send him to prison.
“I do want to apologize for my actions,” Tobergta said. “I’m sorry. I do deal with mental issues, and if court would give me this chance for this program, sir, I would give it 100 percent. I’m ready to get my life together and quit all this nonsense.”
Tobergta, who has eight previous arrests, was arrested in June 2013 after stepping out his back door naked and having “sexual relations with a rubber pool float,” according to a Hamilton police report.
A 10-year-old neighbor enjoying her new swimming pool observed the act.
In August 2011, Tobergta was arrested at his home after he was seen engaging in sexual conduct with a pink inflatable swimming pool raft, according to police records.
Following a 2008 conviction for felony public indecency, Tobergta was sentenced to five years of community control.
In that incident, officers responded to a home for a report of a naked man standing in a neighbor’s yard and engaging in sexual activity, according to records.
Published: Saturday, May 19, 2018 @ 6:30 PM
Updated: Monday, May 21, 2018 @ 7:23 AM
DAYTON — Update@4:17 p.m.:
Jackie Allen, Wheatley’s niece, flew to Dayton from Atlanta as soon as she heard about her aunt’s death.
“It’s disgusting, this violence, taking innocent people away from their families and stuff,” she said. “You took a lady from our family but you also took a grandmother who took care of 10 and 11-year-old boys.
Antwand Warren, Wheatley’s son, said Monday that he can’t fathom why anyone would shoot his mother. She was a wholesome person who helped everyone and had no enemies or no flaws, he said.
“That was my mom, I loved her,” said Warren, who is a quadriplegic. “She was my angel, she was my everything, and somebody snatched that away from me.”
Warren said one of the t hings he will miss most about his mother is her cooking. She cooked everything Southern style, he said she he choked up.
“ I want justice. That’s all, I want justice,” he said.
Wheatley had previously been the victim of violence. Four years ago was stabbed multiple times in her neck and other parts of her body. She told police then that she and Warren were attacked by her husband Stanley Wheatley, 48, because she wouldn’t give him money to buy crack.
Stanley Wheatley was sentenced to prison for the attacks.
Wheatley, a grandmother, had just fed some neighborhood dogs and was walking back to her home when she was shot, neighbors said Monday. She died about a half block from home, neighbors said.
There’s a makeshift memorial where Wheatley died, and it continues to grow.
Meanwhile, a man called 911 after hearing shots fired and seeing Wheatley lying on the ground, according to the 911 recording.
“Someone just got shot on Euclid... a lady is lying on the sidewalk,” the unidentified man said, later adding that he heard 12-15 shots.
An innocent bystander was fatally shot Saturday evening when she was walking near a house targeted by a drive-by shooting, police said.
Sherrell Wheatley, 62, of Dayton was the woman shot and killed, according to the Montgomery County Coroner’s Office.
Wheatley was an innocent bystander who suffered at least one gunshot wound as she was walking in the 800 block of North Euclid Avenue around 6:10 p.m. She was taken to Miami Valley Hospital, where she succumbed to her injuries, Dayton police Sgt. Creigee Coleman said.
“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.
“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.
“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.
Published: Tuesday, May 22, 2018 @ 12:00 AM
OXFORD — A man is facing charges after an Oxford fire captain called police to report a possible hit and run.
A police officer responded to Kelly Drive at 3:10 a.m. May 5 on a report of a possible vehicle crash in which a driver left the scene.
The report was made by a fire department captain who told the officer he heard a loud noise and saw the vehicle heading north on North Poplar Street.
He said he followed the vehicle, which had sparks going out from the right rear tire that was angled out after striking a parked vehicle.
The officer reported smelling the odor of an alcoholic beverage on the driver. The man performed poorly on the field sobriety tests that were administered, according to the police report. He was placed under arrest and taken to the police station while his car was towed.
A breath test produced a .193 reading and he was informed his license was being immediately suspended.
Published: Monday, May 21, 2018 @ 3:43 PM
DAYTON — A woman who lives across the street from the 62-year-old victim of a drive-by shooting said Monday that her home was struck by bullets that may have also killed Sherrell Wheatley on Saturday.
Kenya Schumpert said she’d just left her Superior Avenue home to run an errand when she received a call to return home quickly.
She arrived home and found bullet holes in her upstairs window and walls of several rooms in her home.
“I’m like wow, it was a powerful gun to get holes this big in your house,” Schumpert said. “If we had been going up and down the stairs, we would be gone too.”
Schumpert said neighbors told her that they heard between 12 and 15 shots, so many some kids thought it was fireworks.
She says when she realized her friend Wheatley had been killed by one of the bullets fired in the drive-by attack, she couldn’t believe it.
“My feelings was hurt so bad when I found out about that because she didn’t have a chance to duck, just trying to get home when this happened.”
Schumpert and others in the neighborhood say Wheatley had just finished feeding a friend’s dogs and was walking back about a half block to her own home.
“This is sad right now, she’s going to be missed dearly,” a neighbor said.
Dayton police say they are looking for a silver Ford Taurus or similar car, reported leaving the area after the fatal gunfire.
Published: Saturday, May 19, 2018 @ 8:44 PM
DAYTON — UPDATE @ 2:43 p.m.:
Two men are facing felony charges after a 28-year-old woman was pulled into a Dayton house, where she was sexually attacked and held against her will, according to court records.
The victim was reportedly walking her bicycle in the 700 block of Xenia Avenue Friday, when a man, later identified as Carlos Martin, was smoking a cigarette on his porch, court records read.
“(The victim) asked Martin for a cigarette and he invited her up onto the porch,” an affidavit filed in municipal court read. “Martin went inside and while (the victim) was waiting on the porch she was dragged into the residence by Martin.”
Martin is charged with attempted rape, kidnapping, abduction and gross sexual imposition. He remained in jail Monday on a $250,000 bond.
The victim told police Martin dragged her upstairs and allegedly had sexual contact with her, the documents read.
Martin also was accused of locking the door refusing to let her leave.
Later, another man identified as Reginald Gardner Sr., 49, showed up at the house and watched the victim to make sure she didn’t leave the house, court records showed.
Gardner is charged with kidnapping and abduction and is being held on a $250,000 bond.
A short time later an unidentified woman came to the house and left a door open, where the victim was able to escape and call 911.
Both men made initial appearances in Dayton Municipal Court Monday.
INITIAL REPORT (May 19):
Two men were arrested Friday night on sex-related charges at a Xenia Avenue duplex.
Carlos Rico Martin, 49, was arrested just after 10 p.m. Friday at his residence in the 1500 block of Xenia Avenue. Reginald B. Gardner Sr. also 49, was arrested at 11 p.m. at the same residence, according to a Dayton police report.
They were booked early Saturday into the Montgomery County Jail on suspicion of kidnapping and gross sexual imposition and are due Monday in Dayton Municipal Court, online jail records show.