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Published: Tuesday, November 07, 2017 @ 10:21 AM
The Montgomery County Board of Commissioners will vote later this month to approve a $58,000 payment that would settle former inmate Darryl Wallace’s civil lawsuit against the county and the jail.
The proposed settlement would be at least the third in a recent spate of civil rights lawsuits filed in Dayton’s U.S. District Court against the county and jail. The three settlements total $508,000. Several more lawsuits are pending against the county.
Wallace claimed that now-fired corrections officer Jerrid Campbell “viciously beat” Wallace with impunity, according to court records. The Sept. 28, 2015, altercation was captured on surveillance video.
The Montgomery County Sheriff’s Office has said it tried to prosecute Campbell, but that charges were not approved by prosecutors.
A 156-page internal investigation obtained by this news organization through the Ohio open records law shows the case against Campbell was presented to the prosecutor’s officeon Nov. 5, 2015.
The assistant prosecutor handling the case wrote that there was “insufficient evidence to charge any felony” noting that Campbell was the only officer in D-Pod and that the detective who presented the case agreed with the ”refusal” to prosecute.
The civil rights, excessive force lawsuit claimed that Wallace complained to Campbell that his cell’s hot water wasn’t working and Campbell refused to call maintenance.
I-TEAM SPECIAL PROJECT: Justice in the Jailhouse
Wallace called Campbell a name, the lawsuit said, and walked away before Campbell ordered him to stop and shoved Wallace to the ground.
“Campbell then pummeled Mr. Wallace with punch after punch while holding handcuffs and using them like brass knuckles,” Wallace’s attorney’s wrote. “(Wallace) was bleeding from his scalp.”
Wallace claimed he regularly experiences migraine headaches so bad “it feels like his forehead swells, the pain paralyzes him, and he vomits.” The suit also said Wallace’s vision has worsened since the incident.
Campbell argued that he acted appropriately given the situation, according to the sheriff’s office internal investigation.
Montgomery County Sheriff Phil Plummer has said Campbell was fired for “violations of numerous policies.”
According to sheriff’s office documents, those violations included: using racist slurs against Plummer and other command staff members; failing to allow an inmate access to a dentist; two violations of use of force; an inappropriate Facebook post about a co-worker, making inaccurate and untruthful statements to the Dayton Daily News; making similar statements to the Dayton Weekly News.
Campbell was initially suspended a total of 23 days for those alleged violations, and eventually was fired.
Campbell didn’t comment when the lawsuit was filed but has said he was fired “for exposing the segregation in the jail and for writing a complaint against Phil Plummer plus the rest of his racist command staff for creating a racist atmosphere towards black officer (sic) and threatening (other officers) for speaking out against racism.”
Montgomery County paid $375,000 to settle a suit brought by Amber Swink, who was pepper-sprayed while in restraints. The county also paid $75,000 to Marsha Pate-Strickland, who claimed a corrections officer violently threw her to the floor after refusing her request for milk instead of juice.
“A settlement, approved by Sheriff Plummer, between him, Montgomery County, and the plaintiff has been reached,” a statement from the Montgomery County Prosecutor’s Office read. “However, the necessary documents have not yet been signed by all of the parties or filed with the court.”
“I hope Mr. Wallace can move on and live a great, productive life for himself and his family,” Campbell said when reached by this news organization.
Montgomery County Jail lawsuit settlements
Three lawsuits of at least 10 pending cases against Montgomery County Jail staff have been settled out of court. Several more are pending, according to attorneys who have brought other suits.
Amber Swink: $375,000
Marsha Pate-Strickland: $75,000
Darryl Wallace: $58,000*
* — to be voted on Nov. 14 by county commissioners
Published: Tuesday, June 19, 2018 @ 8:20 PM
Updated: Wednesday, June 20, 2018 @ 3:46 AM
SPRINGFIELD — Springfield police are investigating after a 79-year-old man was stabbed Tuesday evening.
The incident was reported around 8 p.m. in the 2100 block of Gerald Drive. The victim, who has not been identified, was transported to Miami Valley Hospital.
According to his neighbors, he was alert and talking to medics following the incident, and he said he was stabbed by a relative.
Everyone knows the victim, neighbors said. They described him as a nice man who is quick to help out his neighbors.
According to initial reports, the victim suffered wounds to the chest and leg.
Springfield police Lt. Jeff Williams said detectives were at the scene and that no further information would be released until Wednesday.
The incident remains under investigation and no one is in custody, Williams said.
Published: Tuesday, June 19, 2018 @ 10:59 PM
Updated: Wednesday, June 20, 2018 @ 5:46 AM
DAYTON — UPDATE @5:43 a.m.
An arrest has been made after a man was shot in the head Tuesday evening.
Marcus Antonio White, 21, was arrested in the 200 block of Cherrywood Avenue at 2:37 a.m., according to a Dayton police report and Montgomery County Jail records.
He was booked into jail on a charge of felonious assault.
A man who was shot in the head Tuesday night drove to a Speedway gas station for help.
The victim was shot through his vehicle’s window in the 100 block of Huffman Avenue near Jersey Street. The shooting was reported just before 10 p.m. after the victim drove himself to Speedway, 1556 Huffman Ave., to get help, police said.
According to a 911 call from the store, the victim went into the store and said he was shot while inside his car by another man driving a maroon vehicle.
The victim was taken to Miami Valley Hospital with injuries that are not life-threatening, Dayton police said. His name, age and condition were not immediately available.
Huffman Avenue at South Smithville Road is blocked as police investigate.
Police have not released any suspect information or whether anyone is in custody.
Published: Tuesday, June 19, 2018 @ 3:21 PM
LEBANON — A Warren County grand jury will review the case against Samuel Ronan, the former political candidate arrested earlier this month after a struggle with Springboro police.
Judge Gary Loxley bound over the case against Ronan, 28, of Springboro, after ruling there was probable cause to indicate he obstructed justice on June 9.
Loxley ruled immediately after a hearing on Tuesday in Warren County Court.
During the hearing, Assistant County Prosecutor Amy Gill and defense lawyer James Calhoun questioned Springboro Sgt. Randy Peagler, the officer who reportedly pulled over Ronan after observing him in a road-rage incident.
Peagler told Gill he followed Ronan for about 0.3 miles after turning on his lights and sirens and that Ronan went back to his car and began walking toward him with a blue bag and his cellphone, flash on and recording for Facebook Live.
Peagler said he hurt his foot and suffered road rash wrestling with Ronan, who recently contested the re-election of Congressman Steve Chabot in the May primary.
Calhoun established that Ronan, a member of the U.S. Air Force Reserves, never put his hands on Peagler during the altercation and that Ronan, although permitted to carry a concealed weapon, was apparently unarmed.
Calhoun also emphasized that Ronan said he didn’t see Peagler’s police cruiser until he pulled into the parking lot of his apartment complex and said there was no “overt act” that supported the felony charge.
Calhoun said Ronan was within his rights to ask why he was being arrested before getting on the ground as ordered repeatedly by Peagler, with his gun and then a stun gun drawn.
But Loxley agreed with Gill, who argued Ronan “absolutely” obstructed justice by resisting being taken into custody by Peagler and another officer who assisted in handcuffing him.
Published: Tuesday, June 12, 2018 @ 1:23 PM
SPRINGBORO — A former political candidate was released from the Warren County jail today on his own recognizance in a case also prompting a press release from Springboro police.
A police report released today shows the incident resulting in the arrest of Samuel Ronan, 28, of Springboro began after a patrolman observed as a “road rage incident between two vehicles.” It also indicates dispatch advised the patrolman that Ronan had a “concealed weapon license” and that Ronan began recording with his cellphone as he exited his car also carrying “a medium-size blue bag in his left hand.”
The report indicates Ronan was arrested after a struggle with police in a parking lot near his home.
Court records indicate that during today’s arraignment, Judge Gary Loxley set a trial for for June 19 on charges Ronan resisted arrest and failed to comply with the order of a Springboro police officer early Saturday.
Loxley also scheduled at the same time on June 19 a preliminary hearing on a charge of obstructing official business, a fifth-degree felony.
Ronan’s case was referred to the public defender, although he is employed and a member of the U.S. Air Force Reserves, according to a docket entry in Warren County Court.
However, Ronan might not be able to afford a lawyer, prompting the court to assign it to the public defender, according to the entry filed after his appearance via video link between the jail and court in Lebanon.
Also today, Springboro police issued a press release concerning the case.
“Mr. Ronan was observed, by a Springboro police officer, operating his vehicle in an unsafe manner. The Springboro police officer attempted to stop Mr. Ronan, for the traffic violation, by activating his overhead lights. Mr. Ronan ignored this signal to stop and continued to drive. The Springboro officer then activated his siren. Mr. Ronan ignored this attempt to stop him and continued to drive. Mr. Ronan then led the Springboro police officer on a brief pursuit, turning into an apartment complex.
“Mr. Ronan stops his vehicle and immediately exits. Mr. Ronan refuses to comply with verbal commands and is reaching into his pocket. Mr. Ronan then points an object at the Springboro officer, which is in his right hand. Mr. Ronan continues to ignore verbal commands and begins walking toward the officer. Mr. Ronan is taken into custody and charged with failure to comply with order or signal of police officer, obstructing official business and resisting arrest.
“The Springboro Division of Police is aware a small portion of this encounter has received significant exposure on social media. While some of the exposure has been negative, we would like to convey our appreciation to many of our residents and those who have expressed their support of the division until ALL facts are reviewed and decided in a court hearing to be held at a later time,” a press release issued by Lt. Dan Bentley said.
Locally, Ronan ran against Congressman Steve Chabot in the May Republican primary, and two years ago as a Democrat, he contested the election of State Rep. Scott Lipps.
Ronan also ran for Democratic National Committee chairman in 2017 and gained attention in appearances on CNN.