Plan for new homes near Dayton Mall wins commission approval

Published: Wednesday, May 16, 2018 @ 11:07 AM


            More than 30 acres north of the Dayton Mall and east of Ohio 741 is being targeted for more than 80 homes. FILE
More than 30 acres north of the Dayton Mall and east of Ohio 741 is being targeted for more than 80 homes. FILE

A revised plan to build more than 80 homes near the Dayton Mall has received preliminary approval.

The Miami Twp. Zoning Commission on Tuesday night recommended passage of a change that would allow the construction of 82 homes on 31.7 acres north of mall and just east of Ohio 741.

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The request by Zengel Construction is for a major modification to the preliminary development plan approved in 2007 for the project, known as Rivendell.

Two previous proposals involving Ryan Homes as the developer have been rejected by Miami Twp. trustees.

The homes would average 1,600 square feet and the development would include more than 6 acres of open space, township records show.

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Prior efforts for similar applications were denied by the township in 2017 – one in the spring and another in the fall. The effort denied last September by township trustees had earlier won unanimous support of the zoning commission.

Trustees voted the plan down after residents of the Vienna Park subdivision built by Zengel Construction said they feared the negative affects the development would have on traffic, worsening road conditions and drainage, among other issues.

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Toddler drowns in babysitter's pool, twin brother hospitalized, deputies say

Published: Saturday, July 21, 2018 @ 12:35 PM



Larry W. Smith/Getty Images
(Larry W. Smith/Getty Images)

A young girl drowned and her twin brother was hospitalized Friday after they were found in a swimming pool while staying with a babysitter in Tennessee, according to Knox County sheriff’s deputies.

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The children, who were identified only as nearly 2-year-old twins, were staying at a home on Fox Lonas Road in West Knox County when the incident happened, deputies said. Their babysitter told authorities that she began to look for the twins after another child arrived at her home around 10 a.m. Friday.

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She said she found them in the deep end of a swimming pool, deputies said.

First responders attempted to revive the children and rushed them to East Tennessee Children’s Hospital in critical condition, WBIR reported.

Deputies said the girl was pronounced dead at the hospital. The boy was on life support Friday.

Authorities are investigating the incident.

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Resident escapes Liberty Twp. house fire caused by lightning strike

Published: Saturday, July 21, 2018 @ 12:34 PM


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A resident escaped from a Liberty Twp. house Friday after it was struck by lightning as storms pounded the the area, according to to the Liberty Twp. Fire Department.

The two-story house was hit about 3:20 p.m., which ignited an attic fire at the residence in the 5400 block of Walkers Court, said Battalion Chief Chad Canupp.

FIRST REPORT : House fire reported in Liberty Twp.

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“The occupant was alerted to the fire by smoke detectors,” Canupp said.

The fire was contained to the attic area, but the family has been displaced during the cleanup, he said.

A strong band of storms moved through the area from Central Kentucky to Montgomery County on Friday afternoon and evening, causing high winds, lightening and hail in some areas.

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A Dayton man called in a bomb threat so he wouldn’t miss a flight. Now he’s going to prison.

Published: Saturday, July 21, 2018 @ 12:30 PM

Cincinnati/Northern Kentucky International Airport. WCPO
HANDOUT
Cincinnati/Northern Kentucky International Airport. WCPO(HANDOUT)

A Dayton man who called in a bomb threat to an airport so he wouldn't miss his flight has been sentenced to four months in prison.

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The U.S. Attorney's Office says 40-year-old Dana Carter, of Dayton, was sentenced Thursday for his calls to Cincinnati/Northern Kentucky International Airport in October.Court records show Carter made a series of calls saying there was a bomb on a flight bound for Dallas, Texas.

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The Lexington Herald-Leader reports that flight ended up being canceled due to the threat, and Carter was placed on another flight that left less than two hours later.

Carter has been ordered to pay about $7,700 in restitution to United Airlines over the canceled flight.

Carter's attorney says the fake bomb threat was a "foolish act."

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Does a 911 call exist? That question could alter an area manslaughter trial

Published: Saturday, July 21, 2018 @ 12:13 PM

William C. Smith Jr. CONTRIBUTED
Contributing Writer
William C. Smith Jr. CONTRIBUTED(Contributing Writer)

The lawyer for a Trotwood man charged with involuntary manslaughter in the December death of a Troy man asked a Miami County judge on Friday to order prosecutors to turn over the 911 tape from the incident.

If the tape isn't available, the charge against William C. Smith Jr., 42, should be dismissed, lawyer Dennis Lieberman said.

Smith was indicted in the Dec. 8 death of Willard Higgins Jr., 40, of Troy. Police said Higgins died following an altercation with Smith at a South Walnut Street residence in Troy. Smith has pleaded not guilty in county Common Pleas Court.

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Lieberman asked Judge Christopher Gee to order prosecutors to produce the recording of the 911 call for help at the Troy residence. Lieberman said he was told there is no recording of the 911 call available although police reports refer to the call being made. 

The call "is evidence the emergency squad was sent to the location in question for reasons other than those mentioned in the criminal indictment of the defendant," Lieberman wrote. That information, he said, could be exculpatory evidence, or evidence that favors the defendant in the case. 

A Troy police report in the case states "there was a squad call ... in reference to a 40 year old male that was having difficulty breathing and heart problems." 

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Gee previously was asked, and approved, a defense request for money to hire a forensic pathology expert to review autopsy findings in the death. Lieberman said during a July 13 court hearing that he and county Prosecutor Tony Kendell met jointly with another pathologist who ruled after an autopsy that Higgins’ cause of death was due to blunt force trauma.

Lieberman said there were no signs “on the body or head to indicate a fight.” That information, along with medical record details about Higgins’ heart being revived at the hospital were cited in the request. 

Kendell did not object to the hiring of the expert. “It is a very unique set of circumstances,” Kendell said. 

Smith remains in the county jail in lieu of $300,000 bail.

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