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Published: Wednesday, February 07, 2018 @ 3:48 PM
— Some law enforcement agencies have been made aware of social media threats made against Montgomery County Juvenile Court Judge Anthony Capizzi.
Facebook posts referencing last week’s initial appearance of six teens allegedly involved in a Huber Heights cell phone store armed robbery appeared to try to intimidate the judge handling the case.
“If I ever see him I’m beating the (expletive) outta him he better pray I don’t catch him downtown coming out of that building,” said one post, including a photo of Capizzi that was obtained by this news organization.
Capizzi declined comment, but Jim Cole, juvenile court administrator, talked about the potential for criminal charges in the matter.
“You get a variety of emails, judges do, that people are unhappy with the decision, but it doesn’t rise to the level of something that could be charged under a criminal offense and it’s more just kind of logging that particular information,” Cole said. “But when it rises to the level where it qualifies potentially as a criminal offense … that’s when that’s turned over to the sheriff’s office and then they’re going to have to decide if it’s appropriate for a criminal charge.”
Montgomery County Sheriff Phil Plummer said Wednesday that he hadn’t yet been notified of these threats against Capizzi. Plummer also said his office has worked recent threats against two area judges.
“That’s our job to look into a threat,” Plummer said, adding that in the case of a warning of violence, “We would do a complete workup on that and try to charge them.”
This news organization is not naming those associated with the Facebook posts because no one has been formally charged.
Messages seeking comment have been left with Dayton police and the Montgomery County Prosecutor’s Office.
A seventh person charged in the Huber Heights armed robbery case is 18 and appearing in adult court.
Published: Thursday, March 22, 2018 @ 8:42 AM
A former Dayton-area U.S. Postal Service worker is alleged to have participated in 35 motorcycle races during an 18-month period in which he was disabled or on light duty, according to federal court documents.
Jerry French was indicted last week in Dayton’s U.S. District Court on counts of making false, fictitious and fraudulent statements to medical personnel and the postal service which led to Office of Workers’ Compensation Benefits of $93,971.42.
French is at least the eighth area postal worker to be alleged of federal crimes in the past few years.
Former West Carrollton postal worker Laticha Schroyer had pleaded guilty in a case where she was seen vacationing while injured, but she recently asked to withdraw her plea by bill of information.
No defense attorney is listed for French in federal court documents, and no dates have been scheduled in the case.
An indictment filed March 15 detailed how French allegedly injured his knee while falling on ice when he was delivering mail on Feb. 2, 2011.
French filled out a claim for disability pay and was off from work for a year until returning to one hour of limited duty per day, the indictment said.
The Department of Labor accepted French’s injury as a sprained knee in April 2011, according to court documents.
The indictment said French allegedly told two doctors that he could not perform most work duties, that his pain level was 8 out of 10 and that he was in pain 24/7.
A doctor amended his report to say an MRI indicated a meniscus tear and the Department of Labor approved an arthroscopic surgery, the indictment said.
The indictment said that in October 2011, another doctor performed the surgery and later submitted a report showing there was no meniscus tear and that the knee was normal.
On Dec. 1, 2011, French completed a medical history form at Kettering Medical Center in which he stated he had extreme difficulty doing tasks such as usual work, housework, hobbies, recreational and sporting activities, the indictment said.
French said, according to the document, that he had “moderate difficulty” doing activities including putting on socks, doling light activities, getting in and out of vehicles and sitting for one hour.
The indictment said in March 2012, a doctor reported French’s pain representations were out of proportion to the pathology.
In July 2012, French told a third doctor that he could no longer ride motorcycles because of his knee injury, according to the indictment.
The document said in September 2013, a Department of Labor form he submitted limited him to zero hours for lifting weight, walking, climbing, kneeling, bending, stooping and operating machinery.
In October 2013, French was interviewed by special agents from the U.S. Postal Service Office of the Inspector General, the document said.
During that interview, French said he was physically unable to work, go up and down stairs, kneel, ride or race his motorcycles, pass a National Hot Rod Association physical, fill his nitrous oxide tank, drive a manual car or put pressure on his left leg.
The indictment said that from May 13, 2011, to Oct. 23, 2013, agents of the Inspector General observed French “participating in approximately thirty-five motorcycle races and one car race at various racetracks in Ohio and Indiana.”
The document also said agents saw French loading trailers, carrying equipment and moving metal tanks.
The indictment doesn’t explain why it was filed several years after the events and federal prosecutors didn’t respond to messages seeking comment.
Published: Wednesday, March 21, 2018 @ 6:37 PM
TROY — A Michigan man who led state troopers on a 55-mile chase from Piqua to Allen County in November was sentenced Monday in Miami County Common Pleas Court to 30 months in prison.
David Nehmer, 27, of Paw Paw, Michigan, was sentenced to 30 months in prison for failure to comply with the order or signal of a police officer and six months in jail for driving while under the influence. The sentences will be served concurrently in the penitentiary. Nehmer’s driver’s license was also suspended for five years.
Nehmer was arrested in the early morning hours on Interstate 75 near Bluffton. The pursuit began in Piqua after troopers received a report of a vehicle driving on its rims.
The pursuit of Nehmer — wanted on warrants out of Michigan — included speeds of more than 120 mph, troopers said.
Janna Parker, an assistant county prosecutor, said Nehmer was on parole in Michigan at the time of the chase that included what she called “insanely fast speeds” on tire rims. She said Nehmer put not only himself but multiple police officers and countless motorists at risk.
Judge Christopher Gee sentenced Nehmer, calling the pursuit “a horrific and very dangerous chase.” Gee said Nehmer was fortunate no one, including him, was injured.
“This kind of behavior cannot be condoned in any way,” Gee said.
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Published: Wednesday, March 21, 2018 @ 5:57 PM
Updated: Wednesday, March 21, 2018 @ 6:30 PM
CLARK COUNTY, Ohio — The Clark County Sheriff’s Office says a woman’s 3-month-old daughter who died of Sudden Infant Death Syndrome in 1984 was buried in the wrong grave at a family plot in Glen Haven Memorial Gardens in Bethel Twp.
Connie Rosellen told News Center 7 she discovered the mistake after the death of her stepfather. During his burial, cemetery officials reportedly struck her daughter’s casket and broke it.
Rosellen said she called deputies last week after arriving at the cemetery for her daughter’s disinterment and reburial and allegedly found the baby’s remains in what she described as a shallow grave, covered only by the blanket she was buried with, a tarp and and a plywood board.
The Clark County Sheriff’s Office says multiple deputies responded to the cemetery but they didn’t open a criminal case. According to their initial investigation, the cemetery followed all legal procedures.
Published: Wednesday, March 21, 2018 @ 9:44 AM
Updated: Wednesday, March 21, 2018 @ 11:58 AM
— A wrongful death civil lawsuit has been filed in the October Moraine police officer-involved fatal shooting of a Dayton man.
The lawsuit filed Tuesday in federal court by the estate of Jamarco McShann alleges a conspiracy and misconduct involving several Moraine police officers.
“Defendant Officers John Howard, Jerry Knight, Michael Cornely, Justin Eller, Brian O’Neal, and unnamed officers willfully and maliciously shot Jamarco Dewayne McShann to death, and/or failed to intervene to prevent the use of deadly force against him despite the duty and the opportunity to do so,” the lawsuit states.
On Wednesday, the attorneys that filed the suit had a press conference that included other community activists and mothers of other Ohio men who have been shot and killed by police.
“Jamarco McShann’s rights were violated,” said attorney Andrew Stroth, who filed the lawsuit. “He was unjustifiably shot and killed. There was no provocation. There was no threat of danger. The officers shot and killed him through the back of his vehicle. And the lawsuit outlines the allegations.”
Rev. Jerome McCorry, president and CEO of the National Congress on Faith & Social Justice, said: "We will fight for justice until justice is done.” Attorneys for the family also said it was “unacceptable” that the officers who fired their guns were back on full duty.
“The City of Moraine does not comment on pending litigation,” read a statement made Wednesday by Moraine law director Buzz Portune, “but is satisfied that all actions taken by its Division of Police and officers involved in the matter were fully compliant with all applicable law enforcement standards and appropriate under the circumstances.”
“The defendant officers otherwise acted both willfully, wantonly, recklessly, negligently, intentionally, and with malice and willful indifference in committing the acts alleged in this complaint, which resulted in the wrongful death of Jamarco McShann,” according to the suit.
The 23-year-old McShann, died from “multiple shotgun and gunshot wounds” after a confrontation with Moraine officers John Howard and Jerry Knight in the early-morning hours of Oct. 20, according to the Montgomery County Coroner’s Office.
The Ohio Bureau of Criminal Investigation oversaw a probe into the matter at the request of the Moraine Police Division. That has been forwarded to the Montgomery County Prosecutor’s Office.