Warren County judge rejects transgender child’s name change; family appeals

Published: Wednesday, July 11, 2018 @ 3:21 PM

A couple is appealing a judge's decision in Warren County, saying the judge denied a name change for their transgendered child.

A Mason family has appealed a Warren County judge’s rejection of their motion to change their child’s name from Heidi Clare Whitaker to Elliott John Whitaker.

Stephanie and Kylen Whitaker filed for the name change on April 24 in Warren County Juvenile Court on behalf of their 15-year-old child.

“The child picked a name to suit gender identity,” Stephanie Whitaker said in the motion.

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On June 22, Judge Joe Kirby ruled the motion was “not well taken” and denied the name change.

“Mother wishes to change the child’s name from Heidi Claire Whitaker to a male name, Elliott John Whitaker, because the child identifies herself as a transgender male. The child was born female,” Kirby wrote in the motion.

Kirby said the change was not “reasonable and proper and in the child’s best interest at this time.”’

The judge said Elliott has been in therapy for about a year. Diagnosed with Gender Dysphoria, he is in counseling and undergoing medical treatment.

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“She first realized she was transgender in the spring of 2017 and started to cut her hair and wear boy clothes,” Kirby wrote.

The child was to begin getting testosterone treatments that “will artificially put her body through male puberty,” according to the decision.

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The judge wrote: “Heidi is aware that some of the hormonal therapies are permanent in nature and are irreversible. She realizes that she is already called Elliott, but there are some instances in which her birth name Heidi is and will be used: her school still uses her birth name on their official rosters and yearbooks, substitute teachers call her by her birth name, her driver’s license will have her birth name once she applies for one, and any future passport applications and college applications she makes will have her birth name as well.”

While acknowledging the name change would “resolve some of the feelings of distress,” Kirby said the court “must consider the best interest of the child.”

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Noting the child’s age, Kirby concluded, “In essence, the court isn’t saying ‘no’ to the name change. The court is simply saying ‘not yet’.”

On Monday, Stephanie Whitaker appealed Kirby’s decision.

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Impact of 3-vehicle crash pushes car, SUV into McDonald’s lot in Springfield

Published: Friday, July 20, 2018 @ 10:19 PM
Updated: Friday, July 20, 2018 @ 11:00 PM



MARSHALL GORBY / STAFF
(MARSHALL GORBY / STAFF)

UPDATE @ 11 p.m.

Alcohol may have been a factor in a three-vehicle crash Friday night that sent four people to area hospitals.

The impact of the crash around 9:10 p.m. in the 2300 block of East Main Street forced a red car and silver SUV off the roadway and into a McDonald’s parking lot.

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According to witnesses, the driver of the red car pulled out of KFC and in front of a white pickup truck, which then struck it. The car then hit the SUV.

The driver of a red car was taken to Miami Valley Hospital in serious condition. Two passengers in the red car and the pickup driver were taken to Springfield Regional Medical Center. Their injuries were not life-threatening.

A woman and her children inside the SUV were not hurt, she said.

The cause of the crash remains under investigation by the Springfield Police Division.

FIRST REPORT

Multiple injuries were reported tonight in a three-vehicle crash on East Main Street.

The crash was reported around 9:10 p.m. in the 2300 block of East Main Street in front of McDonald’s and KFC.

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Main Street is down to one lane going eastbound, with the westbound lanes blocked.

There were crash victims taken to Springfield Regional Medical Center, but their names and the severity of injuries was not immediately available.

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Indiana U East closed for day as manhunt continues in Wayne Co. IN

Published: Friday, July 20, 2018 @ 2:55 PM
Updated: Friday, July 20, 2018 @ 2:49 PM

Richmond Police and federal agents are searching for two possibly armed men who eluded them after a chase Friday afternoon on the north side of the Middlefork Reservoir area in Richmond, Indiana. 

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The Wayne County 9-1-1 Center sent out two tweets alerting residents in the area to the manhunt. Reports are the two men are wanted on child molestation charges.

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A man living in the area who contacted our newsroom said he and other residents were told by Richmond Police to stay indoors. The man added police suggested contacting them for an escort if you needed to go outside to get in to your vehicle.

The man told our newsroom a boat and a drone appeared to being used in the search. 

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According to emergency dispatch the suspect eluded police during a foot chase and is now at large. Indiana University East issued an alert Friday stating their campus was on lockdown. The campus was later closed for the day as the manhunt continued.

We are working to learn more.  

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Man raps for Dayton police as he rips citation, rides bicycle on sidewalk

Published: Friday, July 20, 2018 @ 11:57 AM

A local man rapped his way into handcuffs Thursday afternoon.

Anywyane D. Lowe, 36, was arrested for criminal trespassing as he ignored an officer and rapped while receiving a citation, according to a Dayton police report.

Police were flagged down by a Marathon gas station employee during their patrol around 12:35 p.m. Tuesday. The employee claimed that Lowe repeatedly harasses customers, begs for money and returns to the gas station after being told to leave, according to the report.

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Police drove up the block from the Marathon in the 1900 block of North Main Street to confront Lowe, who was seated on his bicycle near a group of people. Police notified Lowe that he could not ride his bicycle on the sidewalk, but instead of replying, he began to rap; he appeared to be trying to impress the people nearby who recorded the song with their cellphones, read the report.

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Lowe continued to ride his bicycle on the sidewalk, and at one point, after police handed him his citation, he tore the document, crumpled it into a ball, and rode away, according to the report.

After continuous disregard and bicycle riding, officers apprehended Lowe and transported him to Montgomery County Jail. He is awaiting court action for his criminal trespassing charge.

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5 Moraine police officers seek trial in wrongful death suit in killing of Dayton man

Published: Thursday, July 19, 2018 @ 10:12 AM

Confrontation took place in apartment parking lot

Five Moraine police officers named in a wrongful death civil lawsuit for the October fatal shooting of a Dayton man are seeking a jury trial.

John Howard, Jerry Knight, Michael Cornely, Justin Eller and Brian O’Neal “deny all allegations” in the March suit filed in federal court by the estate of Jamarco McShann, court records show.

The five – along with “unnamed officers” – were listed as defendants in connection with the early-morning Oct. 20 shooting death of McShann outside Valleyview Village Apartments on Pinnacle Road.

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The officers “willfully and maliciously” killed McShann, 23, “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 filed in U.S. District Court alleges.

Authorities said McShann died from “multiple shotgun and gunshot wounds” after a confrontation with Howard and Knight.

The Ohio Bureau of Criminal Investigation oversaw a probe into the shooting at the request of the Moraine Police Division. A week after the lawsuit was filed, a Montgomery County grand jury decided against indictments in the case.

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The grand jury found the officers “acted lawfully under the circumstances,” according to the county prosecutor’s office.

That decision came after two days of testimony involving 15 witnesses, prosecutors said. The law firm filing the wrongful death suit in was given the opportunity to provide the names of witnesses, but failed to do so, prosecutors said.

A pretrial conference hearing is scheduled Aug. 23, court records show. Judge Thomas Rose is hearing the case.

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