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Published: Thursday, May 10, 2018 @ 8:02 AM
Updated: Thursday, May 10, 2018 @ 7:40 AM
— By the narrowest of margins, the Ohio Supreme Court has agreed to take another look — its fourth, in total — at the long-running case of former Dayton restaurant owner and current prison inmate Eva Christian, whose criminal case has spent more than seven years in the judicial system.
Christian — who owned and operated Cafe Boulevard (later Boulevard Haus) in Dayton’s Oregon District for 15 years — has spent nearly six years in the Ohio Reformatory for Women in Marysville of her nine-year sentence for multiple felony and misdemeanor convictions related to insurance fraud.
>> NEW TODAY: Downtown beer house now serving cocktails on tap
The legal issue that the supreme court has agreed to hear could potentially shave one year from Christian’s nine-year sentence, moving up her release date from its current May 8, 2021 to no later than May of 2020.
Montgomery County prosecutors brought charges against Christian in 2011, gained a conviction in 2012, and have worked to uphold the conviction and its full nine-year sentence ever since during a long and circuitous appeals process.
Earlier this year, prosecutors urged the state’s highest court to re-examine the decision handed down late last year by a three-judge panel of the Ohio 2nd District Court of Appeals that would effectively shorten Christian’s sentence from nine years to a maximum of eight years.
Prosecutors claimed the precedent that the appeals court decision set could have widespread impact on other cases. “The court of appeals has created bad law that could adversely affect numerous re-sentencing hearings,” Assistant Montgomery County Prosecutor Heather Jans wrote in the appeal.
Their arguments were successful on convincing the state’s highest court to take another look — but just barely. Online state records show that the vote to accept the case for review was 4 to 3.
The criminal case involved break-ins and a 2009 fire that Christian reported and which prosecutors said were staged in order to collect insurance money: a break-in at her Washington Twp. home and a reported vandalism and fire at what was then her second restaurant, Cena Brazilian Steakhouse in front of the Dayton Mall in Miami Twp.
RELATED: Restaurant owner renews fight to get prison sentence reduced (February 2017)
A jury convicted Christian in 2012 of five counts related to insurance fraud, filing a false report and running a crime ring. Since then, her appeals have bounced among the court of appeals, the state supreme court and the trial court.
In the most recent appeals-court decision, judges ruled that Montgomery County Common Pleas Judge Barbara P. Gorman exceeded her authority when she re-imposed the full, original nine-year sentence to Christian after the severity of some of the five felony charges on which Christian was convicted was reduced on appeal. Prosecutors had argued that the judge was well within her sentencing rights and had urged appeals-court judges to keep Christian’s nine-year sentence intact.
The former restaurant owner is scheduled to be re-sentenced by Judge Gorman in January. The prosecutor’s latest appeal has no immediate impact on the re-sentencing hearing, a spokesman for the prosecutor’s office told this news outlet.
Published: Sunday, June 17, 2018 @ 6:20 PM
MEXICO CITY — Fans cheering the national team’s win over Germany created an “artificial quake” that tipped the Richter scale, according to reports.
Seismologists at two monitoring stations in Mexico City picked up readings when Hirving Lozano scored 35 minutes into Mexico’s 1-0 upset over defending champion Germany Sunday, according to USA Today.
Officials at the California Earthquake Center told USA Today the induced quake likely generated a 2 on the Richter scale and would have gone unnoticed by the public if it were a typical earthquake.
Germany became the third defending champion to lose in its opening match in the last 16 years. Mexico next plays Korea Republic June 23.
Published: Sunday, June 17, 2018 @ 10:55 PM
OSAKA, Japan — A massive 6.1 magnitude earthquake struck outside Osaka Monday morning, leaving at least two dead and 41 injured.
The quake registered around 8 a.m. with an initial strength of 5.9, the Japan Meteorological Agency said.
PM Abe stresses rescuing lives is of utmost importance. He tells reporters at 0859 local time an hour after the big earthquake in Osaka.He says the government is trying to gather information on damage, prepare for rescue and relief, and inform the latest to the public— michiyo ishida (@MichiyoCNA) June 18, 2018
There was no tsunami threat however morning commutes were disrupted as trains were not running and power was out to many homes, according to the Japan Times.
Kansai Electric Power Co. said nuclear plants in Fukui Prefecture were operating normally.
Published: Sunday, June 17, 2018 @ 8:42 AM
JAKARTA, Indonesia — A 54-year-old Indonesian woman is dead after villagers say a 23-foot python swallowed her whole.
According to The Associated Press and Agence France-Presse, Wa Tiba of Muna Island disappeared Thursday after leaving her village, Persiapan Lawela, to tend to her garden. The next day, searchers discovered a "snake with a bloated belly" and some of Tiba's things near the garden, said the village's chief, known by the single name Faris, the AP reported.
Faris said villagers killed the python and cut it open, the AP reported. They then "found Tiba's body still intact with all her clothes," Faris said.
Graphic photos and videos posted online appeared to show the woman's body being extracted from the dead python.
This isn't the first time a python has swallowed a person in Indonesia, where such snakes are common, AFP reported. A farmer died under similar circumstances in March 2017 on the island of Sulawesi, according to the news service.
Published: Sunday, June 17, 2018 @ 9:24 PM
— Police are responding to reports of a shooting inside the Walmart Supercenter in Tumwater, Washington.
The fire department told KIRO7.com they are calling it a "mass casualty incident" and confirmed at least two people were shot.
#BREAKING: a SHOOTING at the #Tumwater Walmart. Thurston County dispatch tells me at least two people shot, could be more. Scene started outside and ended up inside. Fire department is calling this a “mass casulty incident.” I’m on my way. @KIRO7Seattle— Deedee Sun (@DeedeeKIRO7) June 18, 2018