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Published: Thursday, December 14, 2017 @ 5:28 PM
The news photographer shot by a Clark County deputy in New Carlisle in September has filed a federal lawsuit against the deputy, Clark County and the city of New Carlisle.
Andy Grimm filed the lawsuit Thursday seeking damages and the suit calls the shooting “excessive use of force and violation of Mr. Grimm’s constitutional and common law rights.”
The lawsuit doesn’t state a specific amount of money Grimm is seeking to cover attorney fees, injuries, damages, losses and to adequately punish and deter the conduct alleged but says it will be more than $75,000.
The Ohio Bureau of Criminal Investigations is handling the investigation into the deputy-involved shooting. The bureau didn’t return a phone call seeking the status of that investigation on Thursday. The sheriff’s office will do an internal investigation into Shaw’s actions after the state’s investigation is completed.
TRENDING STORY: 2 dogs shot in Springfield while in their backyard
Grimm says in the suit he wasn’t a threat to anyone the night he was shot by Clark County Deputy Jacob Shaw. Body camera footage obtained by the Springfield News-Sun appears to show Shaw was conducting a traffic stop when he fired at Grimm.
The lawsuit also alleges Grimm’s wife, Melanie Grimm and KBA News LLC, which publishes the New Carlisle News, have suffered due to the shooting.
“Plantiff KBA News, LLC asserts loss of business profits as local law enforcement agencies have retaliated against the business in response to the events of Sept. 4,” the lawsuit says.
Clark County Sheriff Office Chief Deputy Travis Russell declined to comment on behalf of the sheriff’s office Thursday. New Carlisle City Manager Randy Bridge also declined comment.
Clark County Prosecutor Andy Wilson didn’t immediately respond to a message seeking comment Thursday.
Published: Thursday, April 19, 2018 @ 12:17 AM
Updated: Thursday, April 19, 2018 @ 1:16 PM
— UPDATE @ 1:15 p.m. (April 19):
Two people were shot and died from their injuries at a Trotwood apartment complex late Wednesday night, police confirmed Thursday.
Both victims were found shot multiple times inside a car in the complex parking lot, according to investigators.
The victim found in the front seat, identified by the Montgomery County Coroner’s Office as Elmer Rucker, 23, of Dayton, was transported to Miami Valley Hospital but did not survive his injuries, police said.
The driver, identified by the Montgomery County Coroner’s Office as Antonio F. Collins, 25, of Dayton, was pronounced dead at the scene, according to investigators.
Additional details were not available.
FIRST REPORT (April 18):
Residents reported hearing eight to 10 gunshots in a deadly shooting Wednesday night at the Pinewood Gardens apartments.
Shortly after midnight, an investigator with the Montgomery County Coroner’s Office was on the way to the complex on Pinewood Circle off West Main Street between End and High streets.
Medics and police were called sometime after 11 p.m. after there were reports of eight to 10 shots fired, according to the Miami County Regional Dispatch Center.
Residents reported hearing gunshots and then seeing ambulances, fire trucks and police cruisers at the rear of the parking lot.
In a 911 call to dispatchers, one resident reported that the multitude of shots actually forced them to get down on the floor inside of the apartment.
It was not immediately clear how many people were shot or injured by the gunfire, nor whether police have any suspects.
Published: Wednesday, April 18, 2018 @ 10:43 PM
Updated: Thursday, April 19, 2018 @ 12:48 PM
GREENVILLE — UPDATE @ 12:50 p.m. ( April 19)
A total of 28 prisoners were removed from the Darke County jail and taken to neighboring counties as a result of a meth poisoning. 17 were sent to Miami County and 11 were sent to Mercer County. A case is being presented to the grand jury currently to bring charges against the suspect. The Darke County jail will be closed until at least Monday.
The Darke County Jail is shut down after 10 more officers were sent to the hospital Wednesday after a Tuesday meth spill got into air-handling system.
The white powder spilled at the jail around 1 p.m. while Stephen Garner was being booked, according to a release from the Darke County Sheriff’s Office. The powder was identified Wednesday as methamphetamine by the Miami Valley Regional Crime Lab.
Four officers and Garner had to be taken to WayneHealthcare, where they were treated and released. Garner was placed into the Ohio Adult Parole Authority’s custody, deputies said.
The jail resumed normal operations Tuesday and was believed to have been decontaminated.
However, in the morning hours Wednesday, In the morning hours, air-handling units were turned back on in the affected area.
“After several hours of routine operation, deputies and corrections officers began to feel ill and experienced abnormal vital signs,” the release stated.
Five corrections officers were taken to WayneHealthcare, and later as crews worked to identify and contain the situation, five more officers began to show signs of contamination and were taken to the hospital.
“It is believed that the methamphetamine was drawn into a ventilation air handler at the time of the spill,” according to the release. “When the air handler was turned back on it distributed enough methamphetamine throughout the prisoner booking and intake area of the jail to result in toxic exposure to jail staff.”
The Darke County Jail structure operations on multiple separate air-handling units, and other areas of the jail, including inmate wards, 911 dispatch and the road patrol areas were not affected.
However, 28 inmates were taken to Miami County and Mercer County jails and the jail operation will remain shut down until a private environmental contractor can clean and decontaminate the affected area, according to the sheriff’s office.
All sheriff's office numbers, and the 911 communications center, remain in service and will be answered as usual.
Published: Thursday, April 19, 2018 @ 11:38 AM
— UPDATE @ 11:30 a.m.
Andrew Scott was ordered to pay a fine and other undergo other punishments this morning after admitting to a charge of vehicular manslaughter in Clark County Juvenile Court.
A judge ordered Scott to pay a max fine of $200 and court costs, be placed on indefinite probation, undergo a license suspension of six months, take a driving course and speak at an assembly about distracted driving.
The driver in an October crash that killed a Greenon student admitted to a charge of vehicular manslaughter and is due in court today for a disposition hearing, according to the Clark County Juvenile Clerk of Court’s office.
Andrew Scott was 16 when he drove his vehicle off of Fowler Road between Rebert Pike and Broadway Road and struck a pole in Clark County, the Ohio Highway State Patrol said. The crash killed his passenger, Greenon junior Kendal “Kenny” DePhillip, authorities said. Scott is also a Greenon student.
Speed and inattention were suspected to be the causes of the crash, Ohio State Highway Patrol Sgt. Richard Dixon said.
Scott is set to go before Clark County Juvenile Judge Robert Vaughn.
Scott was charged in February with vehicular homicide, vehicular manslaughter and failure to control after a months-long investigation into the crash.
The Clark County Juvenile Clerk of Court’s office said Scott admitted to the vehicular manslaughter charge and prosecutors agreed to dismiss the vehicular homicide and failure to control charges.
Admitting to a charge in juvenile court is similar to pleading guilty in adult criminal court.
REMEMBERING THE VICTIMS: Greenon mourns 3rd student death in 2 months in fatal car crashes
DePhillip was the third Greenon student to die in a fatal crash last fall over just a few months span. His death followed an August crash that killed senior David Waag and sophomore Connor Williams.
Here’s a video from coverage of the crash in October:
Published: Thursday, April 19, 2018 @ 6:13 AM
— Kettering Fairmont substitute teacher Madeline J. Marx is scheduled to be sentenced today on sexual battery charges in Montgomery County Common Pleas Court.
Marx, 24, pleaded and was found guilty of having an inappropriate sexual relationship with two students and was arrested last November. She is to appear today in front of Judge Steven Dankof.
A 17-year-old student told police he was given oral sex by a teacher July 19 in the parking lot of Big Lots on Wilmington Pike, according to the complaint, affidavit and statement of facts filed in court.
A 16-year-old boy told police he had intercourse with a substitute teacher Sept. 21 in the parking lot of an apartment complex on Smithville Road, according to court documents.
Marx was removed from Fairmont’s building Nov. 8 by police. Marx admitted to having sexual relationships with multiple students, according to court documents.
An affidavit said Marx also confessed to sending several nude pictures via Snapchat and Instagram.
A prosecutor’s office press release indicated Marx also substitute taught in Oakwood. School officials in Oakwood sent parents a letter saying that they did not know of any victims in their school district.
State records indicated Marx has a four-year teaching license as a K-12 education intervention specialist.
Marx graduated in 2012 from Chaminade Julienne High School in Dayton and graduated from the University of Dayton in 2016 with a bachelor’s degree in education, according to CJ and UD officials.
According to her UD transcript included in her personnel file, Marx withdrew from a fall 2013 class on sexual ethics.