Man admits guilt, avoids death penalty in Hamilton drive-by shooting

Published: Monday, December 04, 2017 @ 3:47 PM

Tony Patete pleads guilty for two Hamilton shooting deaths

Tony Patete, the Newark man who fired the shots in a Hamilton retaliation shooting that killed two people, has admitted guilt to avoid the death penalty.

Patete, 24, pleaded guilty Monday in Butler County Common Pleas Court to two counts of aggravated murder and was sentenced to life in prison without the possibility of parole by Judge Greg Stephens.

Patete is convicted of the drive-by shooting deaths of Orlando Gilbert and Todd Berus in August 2016.

MORE: Wife doesn’t want jury trial in Warren County murder case 

That leaves just one defendant, Michael Grevious II, facing the death penalty. Grevious is charged with aggravated murder and felonious assault for a shootout in July 2016 at Doubles Bar. His trial is scheduled to begin in April.

string of violence in the summer of 2016 began with a shootout at the former bar on the city’s west side that killed one person and wounded seven others. That shooting sparked retaliation violence on the afternoon of Aug. 3, 2016, that left Gilbert and Berus dead.

According to prosecutors, Grevious, one of the men involved in the shootout at Doubles Bar, hired Zachary Harris, of Columbus, to kill Gilbert for $5,000.

On the afternoon of Aug. 3, 2016, a Chevrolet pickup truck driven by Melinda Gibby pulled up next to a black Ford Mustang occupied by Gilbert and Berus. Patete, the front seat passenger of the truck, opened fire with an AK-47 multiple times, killing Gilbert and Berus, according to court documents.

MORE: Ohio’s medical marijuana users won’t be able to have firearms

Patete made no statement before pleading guilty, but did turn and face the victim’s family members in the front row when asked to do so by Gilbert’s stepfather, Leroy Brown.

“My wife just wants you to look at her … just look at them, that is all I am asking,” Brown said.

Patete turned and faced the front row, but showed no emotion.

“Those are the people whose lives were affected,” Brown said. “Your life is in God’s hands now. God bless you.”

MORE: Attorney honored for work helping Butler County’s most vulnerable

Prosecutors and the judge read letters from Berus’ mother, grandmother and sisters.

Berus’ aunt Mollie Berus stood just a few feet from Patete and read a statement.

“On Aug. 3, 2016, without any thought to the consequences of your actions and with disregard for human life, you took a gun, leaned out the window and opened fire,” Mollie Berus said. “You not only shot and killed your intended target, but you also struck and killed an innocent bystander, my beloved nephew Todd. As the police told us, he was just in the wrong place at the wrong time.”

Mollie Berus said her nephew never got to meet his young daughter.

“Because of you, our family is broken and we cannot pick up the pieces,” she said.

MORE: Ohio Supreme Court to hear local man’s death penalty appeal

In October, Harris pleaded guilty to two counts of aggravated murder, just minutes before his two-week trial was scheduled to being and was given two life sentences.

Gibby pleaded guilty to aggravated murder with an agreed to sentence of 30 years to life. She will not be formally sentenced until after Grevious’ trial, where she has agreed to testify.

Trending - Most Read Stories

Man shot by Kettering police while fleeing from traffic stop in jail

Published: Thursday, June 21, 2018 @ 9:00 PM
Updated: Monday, June 25, 2018 @ 12:52 PM

Kettering police officer-involved shooting in Dayton wounds 1

One man was shot and injured in a police officer-involved shooting Thursday night in Dayton:

  • The passenger ran from a traffic stop at Smithville Road and Ewalt Avenue
  • A Kettering police officer chased the armed passenger; the driver was released
  • The officer shot and wounded the passenger when he would not drop the gun 
  • Wayne Morgan, who police shot, released from Miami Valley Hospital Saturday

UPDATE @ 12:21 p.m. (June 25):

The passenger who ran from police during a traffic stop and was shot by a Kettering police officer has been released from the hospital, officials said.

Wayne Morgan was discharged from Miami Valley Hospital Saturday, a spokesperson said.

Wayne Morgan

>> DASH CAM: Man shot, injured by Dayton officer ID’d

Morgan is now in the Montgomery County Jail awaiting arraignment on several charges including resisting arrest and several weapons related charges, according to court records.

UPDATE @ 3:30 p.m. (June 21): 

The passenger, identified as 31-year-old Wayne Morgan, was shot when he refused the Kettering police officer’s order to drop a handgun he was holding, Kettering Police Chief Christopher “Skip” Protsman said at a news conference held at Kettering Fire Department Headquarters.

>> No criminal charges for Miami Twp. officer in 2017 fatal shooting

Morgan had run from the stopped vehicle, and then broke away from the officer during a confrontation with the officer a short distance from the stopped vehicle.

Protsman said the officer, while giving chase on foot, saw that Morgan had a handgun and ordered him to drop it. Morgan ran into an alley and turned quickly toward the officer, who fired at least once when he thought he was forced to defend himself. 

Morgan, hit in the arm and side, remains in a hospital. His injuries are believed to be non-life-threatening.

The driver of the car police stopped was not charged and has been released, the chief said.

The officer’s name is not being released, the chief said.

The city of Dayton will handle the criminal investigation. Kettering police are doing an administrative review of this case. The Kettering officer who shot Morgan is on paid administrative leave.

UPDATE 11:30 a.m.: 

Kettering police Lt. Michael Gabrielson said he’s working on downloading the cameras and radio traffic from the shooting and there might be video and audio available of what happened available later today.

The Dayton Police Department is conducting a separate investigation into the incident, he said.

A Kettering police officer tried to pull over a vehicle at Smithville Road and Ewalt Avenue on Thursday night. Within one minute, at 8:45 p.m., the officer reported shots fired. A call for officer needs assistance was issued to surrounding agencies, according to information from the Kettering Police Department.

>> DASH CAM: Man shot, injured by Dayton officer ID’d

“We can confirm a Kettering officer was involved in an officer-involved shooting as a result of this traffic stop. No further details are being released at this time,” Lt. Gabrielson stated in the release.

The traffic stop was initiated in Kettering, but the shooting happened in Dayton.

“A passenger fled. There was an altercation about a block down the street and a Kettering officer fired at the suspect, wounding him,” said Mark Ecton, Dayton assistant police chief and deputy director.

The driver is in custody, he said.

It’s not clear how many shots were fired or whether the suspect fired at the officer but a weapon was recovered, Ecton said.

>> WATCH: Police shocked during scuffle in Dayton, officers injured

(MICHAEL BURIANEK / STAFF)

The man was taken to a hospital. We’re working to learn more on his condition. The officer was not injured.

>> No criminal charges for Miami Twp. officer in 2017 fatal shooting

The investigation has not mentioned whether the incident was connected to a hit-and-run crash nearby.

Nick Kauffman of Kettering said he was on his way to a motorcycle ride when his path was blocked by all the police activity.

“It’s pretty wild. You don’t expect to see this stuff outside your back door,” he said.

There were officers from at least three police departments.

Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com

Trending - Most Read Stories

'Pawn Stars' patriarch Richard Harrison, known as 'Old Man,' dead at 77

Published: Monday, June 25, 2018 @ 11:35 AM
Updated: Monday, June 25, 2018 @ 11:35 AM

‘Pawn Stars’ Richard Harrison Dead at 77

Richard Harrison, best known by his nickname "The Old Man" on History's "Pawn Stars," has died, family members confirmed Monday. He was 77.

>> Read more trending news

Richard Harrison’s son, Rick Harrison, confirmed the news Monday on social media.

“He was my hero and I was fortunate to get a very cool ‘Old Man’ as my dad,” Rick Harrison wrote. “That I got to share him with so many others and they got to see what a great family man he was is something I am grateful to have experienced with him. He lived a very full life and through the History television show ‘Pawn Stars’ touched the lives of people all over, teaching them the value of loving your family, hard work and humor.”

Richard Benjamin ‘The Old Man’ Harrison passed away this morning surrounded by those he loved. He will be tremendously missed by our family, the team at Gold & Silver Pawn and his many fans the world over. He was my hero and I was fortunate to get a very cool ‘Old Man’ as my dad. That I got to share him with so many others and they got to see what a great family man he was is something I am grateful to have experienced with him. He lived a very full life and through the History television show ‘Pawn Stars’ touched the lives of people all over, teaching them the value of loving your family, hard work and humor. We appreciate everyone’s thoughts and prayers and ask that we are provided some privacy at this time.

A post shared by Rick Harrison (@rick_harrison) on

Employees at Gold and Silver Pawn, the family-owned Las Vegas shop at the center of "Pawn Stars,” said in a statement Monday that Richard Harrison “was surrounded by loving family this past weekend and went peacefully.”

“The team at Gold & Silver Pawn and the Pawn Stars family is grieving his loss,” the statement said. “He will be remembered as the best father, grandfather and great-grandfather you could have by his family and by fans as the sometimes grumpy (always loving, however), often wisecracking, and voice of absolute reason on the History television show ‘Pawn Stars.’”

Richard Harrison was born March 4, 1941, in Danville, Virginia. A veteran of the U.S. Navy, he moved to Las Vegas in 1981 and started Gold and Silver Pawn with Rick Harrison in 1989, according to Fox News. He appeared in all 15 seasons of "Pawn Stars," which debuted in 2009.

He is survived by his wife, Joanne, and their three sons, Rick, Joseph and Chris.

Trending - Most Read Stories

Firefighter killed, 2 injured in shooting after fire at California retirement home

Published: Monday, June 25, 2018 @ 12:25 PM
Updated: Monday, June 25, 2018 @ 12:25 PM

Shooting at California Retirement Home

A shooting at a senior housing community in Long Beach claimed the life of a firefighter and left two other people injured Monday morning, according, according to authorities.

 

>> Read more trending news 

Update 12:25 p.m. EDT June 25: Firefighters released a photo of Long Beach Fire Capt. David Rosa, 45, who died Monday after he was shot while responding to a fire at Long Beach’s Covenant Manor.

Update 12 p.m. EDT June 25: Officials identified the firefighter killed Monday in the line-of-duty as Capt. David Rosa, 45, of the Long Beach Fire Department.

Fire Chief Mike Duree said Rosa joined the department 17 years ago. He was made a captain six and a half years ago, the fire chief said.

“This is a tough day,” Duree said Monday in an emotional moment at a news conference.

Rosa is survived by a wife and two children.

“We’ve lost a family member,” Long Beach police Chief Robert Luna said.

A second firefighter was in stable condition and expected to recover after the shooting, according to officials. Luna said a third person, identified only as a civilian, was also shot. The civilian was in critical condition Monday.

Authorities recovered a weapon after the attack, which took place while firefighters were responding to a report of a fire at Covenant Manor.

“That’s the environment that we work in today as law enforcement and firefighters,” Luna said. “You go to these scenes and you never know what’s on the other side of those doors. And these brave firefighters, they went through those doors and they were unfortunately met with gunfire.”

Luna said authorities had a person of interest in custody after the shooting.

Update 11:30 a.m. EDT June 25: A firefighter who suffered critical injuries Monday morning in a shooting in Long Beach has died, KTTV reported.

One other firefighter was in stable condition after the attack, Long Beach Fire Department spokesman Jake Heflin said earlier Monday. A civilian was also shot.

Authorities continue to investigate.

Update 10:45 a.m. EDT June 25: Firefighters found sprinklers going off at Covenant Major after they were called just before 4 a.m. local time to a report of a fire at the retirement home, Long Beach Fire Department spokesman Jake Heflin said. 

Officials had also gotten reports of an explosion in the building and found multiple windows had been blown out, although authorities couldn’t immediately confirm that an explosion had taken place, Heflin said.

Firefighters put out a small fire at the scene. It was while officials were checking to make sure all the fire had been put out that two firefighters were shot, Heflin said. Long Beach police Sgt. Brad Johnson said one civilian was also shot.

One firefighter suffered critical injuries. The second was in stable condition with injuries that did not appear to be life-threatening.

“Firefighters, they do a tremendous job and they deal with fire -- they don’t deal with bullets,” Johnson said Monday morning at a news conference. “It’s a sad time in Long Beach’s history today if you have firefighters injured responding to just doing their job.”

Johnson said a resident of the senior living home, who was not injured, was in custody after the shooting.

Authorities continue to investigate.

Update 10:07 a.m. EDT June 25: Two firefighters who were injured Monday morning at Long Beach’s Covenant Manor suffered gunshot wounds, fire officials confirmed.

 

One firefighter was in critical condition after the shooting, KNBC reported. The other firefighter suffered injuries that did not appear to be life-threatening, according to the news station.

Officials told KTLA that a civilian was also injured. 

Update 9:35 a.m. EDT June 25:  Fire officials told KTLA that two firefighters and a civilian were injured Monday morning at a California retirement home where shots were heard early Monday.

The extent and cause of their injuries were not immediately known.

Update 9:20 a.m. EDT June 25: Long Beach police confirmed to KCBS-TV that officers were responding to reports of a shooting Monday morning at Covenant Manor on E. 4th Street.

“All I can confirm at this time is that there has been a shooting,” Long Beach police Sgt. Brad Johnson told KCBS-TV. “(It’s) not an active shooter situation. (The) investigation is ongoing.”

Update 8:55 a.m. EDT June 25: Authorities continued Monday morning to search the retirement home, identified by KCBS-TV as Covenant Manor. 

The news station reported authorities were called just after 4 a.m. to a report of an explosion and shooting at the building, however, officials did not immediately confirm the report.

Two people told KTLA they heard what sounded like gunshots in the area early Monday.

 

Update 8:05 a.m. EDT June 25: According to KCBS-TV producer Mike Rogers, an “active shooter and 3rd alarm fire” were reported early Monday in Long Beach. 

KTLA’s Alberto Mendez reported that the incident occurred “at a retirement home near the area of 4th and Atlantic.”

“Suspect is still possibly in the building,” he added.

One woman told KTLA that she heard gunshots.

Read more here.

 

Trending - Most Read Stories

Mass. Gov. Charlie Baker: 'I love my son, but these allegations are serious'

Published: Monday, June 25, 2018 @ 12:21 PM

File photo. (Photo by Scott Eisen/Getty Images)
Scott Eisen/Getty Images
File photo. (Photo by Scott Eisen/Getty Images)(Scott Eisen/Getty Images)

The U.S. Attorney's Office is investigating allegations that Massachusetts Gov. Charlie Baker's son groped a woman on a flight, the governor said Monday morning. 

At a brief news conference from his office, Baker addressed the news that his son, A.J., was accused of sexual assault aboard a flight from D.C. to Boston. 

>> Read more trending news

"Look, I love my son, but obviously these allegations are serious," Baker said. "He will comply with the U.S. Attorney's Office."

Baker declined to answer many questions and said he wouldn't comment further because it is "a personal matter for (his) family."

Reports surfaced Friday that A.J. Baker was involved in an incident on June 20 aboard a JetBlue flight. 

Sources told Boston 25 News a female passenger accused the governor's son of groping her breast on the flight. 

When a reporter compared the situation to that of former Mass. Senate President Stan Rosenberg's husband, Baker was quick to respond that an independent investigation is underway -- which he called for in Rosenberg's case.

Trending - Most Read Stories