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February 2010 | Dayton area crime

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February 2010

Victims of apparent double homicide removed from creekbed

The Forensic Response Unit arrives at the scene. Staff Photo by Lisa Powell

JEFFERSON TWP., Montgomery County - Authorities have removed the bodies of two men who were found dead along a creekbed on Friday, Feb. 26, the victims of an apparent double homicide.

Officials got the call to respond to 2701 Germantown-Liberty Road on the report of two people dead in a creek, officials said. It’s unclear if the people were shot.

The victims appear to be two black males in their early to mid 30s, according to Montgomery County Sheriff’s office homicide detectives.

Investigators are along the creekbed, which runs under a bridge on Germantown-Liberty Road. There are more than 10 sheriff’s deputies and investigators from the coroner’s office on the scene.

Investigators believe that the bodies were dumped there sometime in the last 36 hours, investigators said.

Deputies and investigators at the scene. Staff Photo by Lisa Powell

It appears the men were killed somewhere else and then placed next to the creek, Chief Deputy Scott Landis said. Evidence at the scene indicates the bodies were carried to the creek on foot.

Landis would not say if both men are homicide victims but said there are definite signs of foul play.

Stay with for more information on this story.


State rep. candidate arrested in connection with assault at local bar

HARRISON TWP., Montgomery County - A former Butler Township trustee and Republican candidate for a state representative seat is facing a misdemeanor after he allegedly punched a man in the face during a bar fight.

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Joseph Ellis, 58

Montgomery County Sheriff’s deputies responded to Shiloh Athletic Club, 5515 N. Main St., about 9:15 p.m. Wednesday, Feb. 24, after a man said Joseph Ellis punched him in the face during an argument at the bar, according to a sheriff’s incident report.

Ellis, 56, is a candidate to fill Seth Morgan’s (R-Huber Heights) seat. He is running against Michael E. Henne of Clayton in the May primary.

But Wednesday Edward Miller, 58, said he and girlfriend Molly Miller were leaving the club when Ellis approached and started yelling at them, the report stated.

During the argument, Ellis punched Edward Miller near his right eye, causing a cut and swelling, the report stated. Deputies later learned Molly Miller is Ellis’ ex-girlfriend.

Edward Miller said he had to go to Urgent Care to receive treatment for his wounds. A bartender at the club backed Miller’s claim and said Ellis was kicked out of the club immediately after throwing a punch, the report stated.

The bartender said Miller never threw a punch at Ellis.

Butler Township police went to Ellis’ house in the 2200 block of Kershner Road, but did not locate him, the report stated.

Deputies later located Ellis and booked him into the county jail on a misdemeanor assault charge. A court date has not been set.


Man beaten unconscious inside Circle K store

DAYTON - Police are investigating a fight inside the Circle K convenience store Tuesday, Feb. 23, that left one man bloodied and unconscious on the floor.

Terry Sisco, 57, told officers who responded to 1918 E. Fifth St. about 6:45 p.m. he was standing behind two teenagers he thought were giving the store’s clerk a hard time, according to a report.

Sisco is seen on surveillance tape arguing with the two teens, who were trying to buy cigarettes, the report stated. Sisco exited the store, returned with a hammer and raised it at the men, the report stated.

Thomas Miller, 18, turned and rushed at Sisco, knocking him into a candy rack, the report stated. Miller then got on top of Sisco and repeatedly punched him in the face and body, the report stated.

Sisco was knocked unconscious near the front door of the store, and, before Miller left, he kicked Sisco in the ribs, the report stated. He suffered significant bruising and a few cuts that required treatment at a local hospital, the report stated.

Miller returned after police arrived and said Sisco was the one who caused the fight, the report stated.

The store’s clerk said the two teens were just joking around with her and didn’t feel threatened, the report stated.

Officers arrested Miller on a felony aggravated assault charge, but he was later released from the Montgomery County Jail. He has not been issued a court date and no case file has been created, according to court and jail records.

Police are checking to see if the charge against Miller has been dropped.


Man who exposed himself to teens sought by police

DAYTON - Police are looking for a man who exposed himself to two 16-year-old girls and then chased them about 3:30 p.m. Tuesday, Feb. 23.

The girls said they were walking south on Conover Street near West Third Street when a man with his back to them, turned and exposed himself, according to a police report.

The man whispered “Come here,” as the girls approached, causing them to turn around and start running, the report stated. The man chased the girls down the street, but the teens were able to duck into the Dakota Center for safety.

An officer arrived a short time later and searched the area with negative results, the report stated.

Anyone with information about the incident is urged to call 333-COPS.


Bootleg bar operation busted

DAYTON — Police responding to multiple reports of a shooting in the 1500 block of Oakridge Drive Saturday morning, found an illegally-operated liquor establishment packed full of people, guns and drugs, according to a police report.

The bar is operated by Anthony D. Graham, 47, who was arrested for drug trafficking, operating an illegal liquor establishment and weapons charges.

According to the report, the house at 1531 Oakridge Drive has been a known nuisance property, often with more than 100 people inside the two-story building.

Around 3:30 a.m. Saturday, Feb. 20, police dispatch received two calls from unidentified females stating that there was a disturbance at the residence. One said there was a male who’d been shot, the other said a large group was fighting outside and reported seeing a shotgun, the report stated.

When police arrived they found a large crowd hurrying from the house. The report states that they found blood on the carpet upstairs as well as someone’s bloody shirt, but did not find a victim.

They did find six handguns and an assault rifle in the residence along with a small amount of crack cocaine and more than 80 grams of marijuana packaged for sale, the report states.

Graham, who claims to live at the house despite there being no beds, was booked into the Montgomery County Jail.


Young rape victim’s family fears for safety, leaves state

By Lucas Sullivan, Staff Writer

DAYTON - Detectives with the city’s Special Victims Unit said today, Feb. 22, the family of a 12-year-old girl raped last week left the state because they fear for their lives.

Sgt. Tom Flanders said his detectives continue to investigate and have some solid leads the brutal attack in the 3400 block of West Riverview Avenue pn Feb. 13.

Their departure comes after a masked man walked into the apartment about 3 a.m. and snatched the girl out of bed by her hair and then raped her in front of her 10-year-old brother, Flanders said.

The suspect had asked the children if a man by a certain name was there before the attack, Flanders said.

When the girl said the man did not live there anymore, the suspect grabbed the 10-year-old boy, threw him in a corner and then raped his sister, Flanders said.

A 4-year-old child not related to the other two children slept through the incident, Flanders said.

The brutal attack appears to be revenge for an automobile accident that happened in September, Flanders said. That accident involved a motorcyclist who was paralyzed from the neck down, police said.

After he raped the girl, the suspect ordered the two children to count to 500 before getting up, Flanders said. When they heard the door shut, the girl looked out her window and saw the suspect in a gray, hooded sweatshirt get in a red sedan that appeared to be a Pontiac Grand Am.

No adults were in the apartment at the time of the attack. The girl was watching the two younger children while her mother was out, Flanders said. Both children involved in the attack are expected to recover physically, Flanders said.

“We are like everyone else — outraged,” Flanders said. “This was an innocent little girl. We need help finding this subject.”


City employee faces felony charge in repeatedly stealing gas

DAYTON - A 27-year-old city Department of Public Works employee is facing a felony charge of theft for repeatedly filling up his personal vehicle at the city’s gas pumps, police said.

Jason Williams was spotted by two police officers at the city’s gas pumps on 1830 E. Monument Ave. last week, Feb. 17, filling up his 1999 Oldsmobile Alero about 10:30 p.m., according to a police report.

The gas pumps are supposed to be used by city employees to fill up city-owned vehicles with fuel.

The officers determined Williams’ vehicle was not a city-owned car and pulled him over, the report stated. Williams, who had an infant in the backseat of his car at the time he was stopped, told officers the vehicle belonged to him, the report stated.

Williams had pumped $24.24 worth of gasoline in his car and said he was not given permission to do so, the report stated. He told officers he had pumped city gasoline into his vehicle “two or three” times before, but an investigation found it appears to be more frequent than that which prompted a felony charge, police said.

The city has decided to pursue charges against Williams and the investigation is ongoing, police said. An email was sent to city officials this morning asking what Williams’ employment status is and what his job duties were.

Williams, a part-time employee, resigned Feb. 18, a day after being stopped by police.

Williams is not in jail, but was issued a summons to appear in court on a misdemeanor theft charge, the report stated.


Men arrested on murder charges for roles in summer slaying

DAYTON - Homicide detectives have secured murder charges against two men in the shooting death of Benjamin Gulley last summer.

Matthew A. Turner.jpg
Matthew A. Turner
Brian C. Dewitt.jpg
Brian C. Dewitt

Matthew Turner, 28, and Brian Dewitt, 23, are in the Montgomery County Jail on murder charges after they were arrested today, Feb. 18, about 12:30 p.m. by police, according to jail records.

Police are still investigating Gulley’s death and believe a third person is involved with his death, police said. It is unclear who shot Gulley.

A group of men broke into an apartment in the 900 block of Wilmington Avenue in late August and shot Gulley in the head during an apparent robbery, police said.

Detectives have since said Gulley, 32, was not the intended target in the incident and was staying with a friend who owned the apartment.

Both men also face charges of aggravated robbery and felonious assault.


Woman who admitted striking man arrested in homicide

DAYTON - The woman who said she hit William “Bill” Cheeks in the head with a pipe has been arrested by homicide detectives and booked into the Montgomery County Jail on a charge of murder.

Bill Cheeks.jpg
William Cheeks, 68
Veronica Spears.jpg
Veronica Spears, 45

Detectives served a search warrant at the apartment of Veronica Spears at 1665 Tuttle Ave. this morning, Feb. 17, and then arrested her in the death of Cheeks, Sgt. Gary White said.

Spears, 45, has yet to be formally charged by prosecutors, White said.

It was Spears who drove Cheeks, 68, to Good Samaritan Hospital on Saturday about 11:30 a.m. and told police he showed up at their apartment with head injuries, police said.

Cheeks spent two days on a ventilator and then died Monday morning at Miami Valley Hospital. Spears said Tuesday she hit Cheeks in the head with a pipe during an argument, but did not cause his death.

She referred to herself as a “suspect” in the police investigation.

An autopsy on Tuesday found Cheeks died of blunt force trauma to the head.

Cheeks is the city’s sixth homicide victim this year. You can check the status of his homicide and all others since 2008 by clicking here.


Police hunting suspect in rape of 12-year-old girl

DAYTON - Police are looking for a masked man who snatched a 12-year-old girl out of her bed by her hair and then raped her in front of her 10-year-old brother Saturday, Feb. 13.

Special Victims Unit detectives responded to the 3400 block of West Riverview Avenue after a relative of the girl reported that a man wearing white surgical gloves walked into the apartment about 3 a.m. asking for a man the children knew, Sgt. Tom Flanders said.

When the girl said the man did not live there anymore, the suspect grabbed the 10-year-old boy, threw him in a corner and then raped his sister, Flanders said. A 4-year-old child not related to the other two children slept through the incident, Flanders said.

The brutal attack appears to be revenge for an automobile accident that happened in September, Flanders said. The suspect might have been targeting someone else he believed was staying at the apartment, but instead raped the girl.

After he finished raping the girl, the suspect ordered the two children to count to 500 before getting up, Flanders said. When they heard the door shut the 12-year-old girl looked out her window and saw the suspect in a gray, hooded sweatshirt get in a red sedan that appeared to be a Pontiac Grand Am.

No adults were in the apartment at the time of the attack. The 12-year-old was watching the two younger children while her mother was out, Flanders said. Both children involved in the attack are expected to recover physically, Flanders said.

“We are like everyone else —¬†outraged,” Flanders said. “This was an innocent little girl. We need help finding this subject.”

The man sought by the suspect has not been located by police and is no longer living in the city, Flanders said. Anyone with information about the incident is urged to call 333-COPS.


Robber squats behind counter, demands cash

DAYTON - Police are looking from an armed robbery suspect who hid behind the counter at The Main Drive Thru Tuesday, Feb. 16, and demanded cash from the cashier.

A cashier at the 3401 N. Main St. location said the gunman walked in about 6:20 p.m., ran behind the counter and squatted down, according to a police report. He then said “Pop the drawer, I ain’t kiddin’.”

The cashier told police she thought the man was trying to hide from other workers, the report stated.

The gunman then grabbed cash from the drawer and fled on foot, the report stated. The cashier lost sight of the suspect and a search by police turns up nothing, the report stated.

Anyone with information is urged to call 333-COPS.


Homicide ruled in death of 68-year-old man

DAYTON - The death of a 68-year-old man has been ruled a homicide by the Montgomery County Coroner’s Office.

Investigators performed an autopsy on the body of William “Bill” Cheeks today, Feb. 16, and determined he died from blunt force trauma to the head, coroner’s director Ken Betz said.

Bill Cheeks.jpg
William Cheeks, 68

Authorities are trying to determine if Cheeks’ injuries are consistent with an alleged robbery that might have taken place some time Saturday, investigators said. Sgt. Gary White said Monday detectives are not sure where Cheeks might have sustained injuries that led to his death.

Cheeks did not appear to be shot or stabbed, White said. He was dropped off about 11:30 a.m. Saturday at Good Samaritan Hospital by a woman he lived with, police said.

He was later transferred to Miami Valley Hospital on a ventilator and died Monday morning about 7 a.m., police said.

Cheeks is the city’s sixth homicide victim this year. You can check the status of his homicide and all others since 2008 by clicking here.

Anyone with information about Cheeks’ death is urged to call 333-COPS.


Police looking for officer’s missing rifle

DAYTON - Dayton police are looking for an officer-issued rifle missing that might have fallen off the roof of an officer’s car Sunday, Feb. 14, police said.

Officer James Hardin looked for the rifle 2700 block of Wayne Avenue about 11:20 p.m. Sunday when the officer coming on duty at 4 p.m. noticed it was missing, the report stated.

The officer missing the gun was not named in the report and Major Mark Hess declined to release his name this morning.

“The officer recalled placing it on the roof of his cruiser as he inspected and prepared his cruiser/equipment for his tour of duty,” Hess said. “We are looking into whether he drove off with it still on the roof or if it was taken from atop the roof.”

If any wrongdoing is found, the officer will be disciplined, Hess said.

The gun is described as a Rock River Arms LAR-15 .223 caliber rifle, the report stated. It is valued at about $800, Hess said. The gun’s serial number has been entered into a nationwide crime database, Hess said.

The gun is not standard-issue and officers must take special training to carry the weapon, Hess said. Dayton police purchased the guns after the Columbine shooting in 1999 and some other incidents where officers found themselves confronted by a higher-caliber gun than the ones they carried, Hess said.

If anyone knows the gun’s whereabouts, you are urged to call 333-COPS.


Homicide detectives investigating death of man brought to hospital

DAYTON - Homicide detectives are awaiting the autopsy results of a 68-year-old man brought to Good Samaritan Hospital with “severe injuries” Saturday, Feb. 13, who died this morning at Miami Valley Hospital.

Bill Cheeks.jpg
Bill Cheeks, 68

William “Bill” Cheeks was taken to Good Samaritan about 11:30 a.m. Saturday by a woman who told police she had no idea what happened to him, Sgt. Gary White said. He died from those injuries about 7 a.m. this morning, White said.

Cheeks did not appear to be stabbed or shot and police don’t even know where or when he sustained his injuries, White said. The woman who brought Cheeks to the hospital was not arrested.

The Montgomery County Coroner’s Office said an autopsy was not going to be performed today and White declined to say much else in lieu of the results.

He did say others might know about Cheeks’ death and urged those people to call 333-COPS.


Second arrest made in ‘date line’ robberies, assaults

Nearly two weeks after securing charges against her, authorities have arrested a 19-year-old woman accused of taking part in two robberies and assaults that stemmed from a “date line” service that connects males and females socially.

Iesha J. Morrell was arrested by Montgomery County Sheriff’s officials in Franklin County on Thursday, Feb. 11, and later booked into Montgomery County Jail, according to jail records. She remains in the jail on charges of felonious assault and robbery.

Iesha J. Morrell
Jasmine Cooper

Morrell is accused of aiding two other women in robbing and assaulting two men, one of whom was stabbed, in late January. Deputies had already arrested Jasmine Cooper, 18, on Jan. 28 on the same charges. Deputies believe a third female, a juvenile, was also involved.

The investigation began on Jan. 27, after a man reported being stabbed in the 4400 block of Riverside Drive and ran naked into the night seeking help. The man told deputies he was visiting acquaintances in an apartment when three women cut him with sharp instruments.

The man said the women stole his cell phone and keys and drove off in his car. He later told deputies he went to the apartment to meet one of the women, later identified as Cooper, through the telephone service.

A second man, after hearing the first man’s story, told deputies later that he had been assaulted and robbed earlier in the week by a similar group of three women after he went to meet one of them, Cooper, following communication on the “chat line” or “dating line.” That man was not stabbed but said he had been assaulted with the handle of mop or broom.

The group stole the man’s cigarettes, cell phone and keys, but he had an extra key to his car and drove away.


Man shot in chest, leg knocks on door for help

DAYTON — A 44-year-old man shot in the chest and leg on Broadway Avenue ran to nearby Steiner Avenue and pounded on a door for help before being transported to a hospital in critical condition.

The victim was uncooperative with police when he was discovered in the 1300 block of Steiner at about 8 p.m. on Friday, Feb. 12, said Dayton police Sgt. John Sullivan.

Sullivan said the man was apparently shot around the corner and pleaded for help from the residents in a house in Steiner. Those residents alerted police, and medical personnel transported the victim to Miami Valley Hospital, he said.

Sullivan and authorities at the scene described the man’s condition as non-life threatening. But, the victim’s condition worsened at the hospital when he continued in an upset state, causing him to lose more blood than expected and his blood pressure to drop, said Dayton police Lt. Brian Johns.

The victim was taken into surgery, and his injuries were then considered life threatening. Homicide detectives arrived at the presumed scene of the shooting, the corner of Broadway and Steiner, to investigate further, Johns said.


Teen arrested outside school after witnesses spot him with BB gun

DAYTON - An 18-year-old man was arrested on a weapons charge outside the Ponitz Career Technology Center on Thursday, Feb. 11, after witnesses saw him with what appeared to be a semi-automatic handgun.

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Davion J. Graves, 18

Officers ordered Davion Graves to the ground at 3 p.m. near the main entrance of the school in the 400 block of West Third Street as parents and students looked on, according to a police report.

Graves yelled out to officers the gun was in his coat pocket and the weapon was removed without a problem, the report stated. Police determined the gun was a BB gun made to look like a semi-automatic handgun, the report stated.

Graves never fired the weapon, witnesses said. He was arrested on a felony charge of inducing panic near a school, the report said. He also was booked into the Montgomery County Jail on a charge of carrying a concealed weapon.


Oakwood burglary suspect chased, zapped by police

OAKWOOD — A 28-year-old man was chased, zapped by a Taser and later connected to a series of burglaries throughout Oakwood on Wednesday, Feb. 10.

Nicholas S. Jenkins was arrested at 11 p.m. near the intersection of Brown Street and Irving Avenue, said Oakwood police Lt. Keith Benson. He is in Montgomery County Jail on charges of escape, assaulting a police officer, resisting arrest and burglary as well as for an outstanding warrant in Sugarcreek Twp.

Nicholas S. Jenkins

Jenkins was first approached by an officer at 8:48 p.m. Wednesday because he matched the description of a suspect believed to be involved in at least some of the 15 burglaries that had occurred in Oakwood since December. While interviewing Jenkins, the officer learned that he had the outstanding warrant, and Jenkins fled, Benson said.

Officers pursued Jenkins briefly on foot before tackling him and using a Taser to subdue him, Benson said. Jenkins took off running again after being handcuffed by police, and officers again caught him.

Jenkins was wearing a backpack filled with jewelry and electronics that appeared to be stolen, Benson said. Later, at about 11 p.m., police received a report of a burglary on East Dixon Avenue, and the items taken matched the items in Jenkins’ backpack.

Jenkins admitted to that and other burglaries during questioning, Benson said. It’s unclear how many of the 15 reported burglaries were carried out by Jenkins and if he worked alone, he said.


Woman shot in face says it was an accident, won’t cooperate

DAYTON - A 31-year-old woman shot in the face and listed in critical condition for nearly 24 hours told detectives the incident was an accident and she will not cooperate in the investigation, police said Thursday, Feb. 11.

Letricia Allen was rushed to Miami Valley Hospital late Sunday, Feb. 7, after being shot in the face in the 4400 block of Eichelberger Ave., police said.

Detectives later arrested Demeacco Jordan, 24, in the shooting and booked him into the Montgomery County Jail on a felonious assault charge. That charge has been dropped and he now faces a felony charge of having weapons while under disability, Sgt. Gary White said.

Police recovered a handgun outside the residence and are trying to determine if it was used in the shooting, White said. A cellular telephone believed to have been used to place a 911 call to report the shooting also was found in the snow.

Evidence at the scene suggested Allen was shot inside the house, White said. She spent more than 24 hours on a ventilator before talking with police.

When she did talk with detectives, Allen’s account of the incident did not match that of Jordan’s or another man police questioned, White said.


Man accused of selling fake drugs to undercover cops

DAYTON - An 18-year-old man is facing drug trafficking and drug possession charges after he unknowingly text-messaged an undercover officer and later sold him fake heroin, according to police.

Jamal L. McShann.jpg
Jamal L. McShann, 18

Jamal L. McShann is in the Montgomery County Jail after he was stopped about 7 p.m., Monday, Feb. 8, during a controlled drug buy involving police in the 200 block of South Main Street, according to a police report.

The buy was setup when an undercover officer received a text message in late January that stated “Dis Jay kum get 1,” according to a police report. Two days later another text message was received from the same phone number that stated “Kum get a tester it’s fire best in city of Dayton.”

A tester is free sample of drugs, according to police.

The undercover officers met McShann and took two “testers,” which turned out to be diluted cocaine, the report stated.

McShann then called the officer back on Feb. 2 and said “You ain’t gonna mess with me,” the report stated. The officer met McShann again and bought capsules of heroin, the report stated.

A drug unit detective then called McShann back and a controlled drug buy was setup on South Main Street. The officers gave McShann $100 for two chunks of what was supposed to be heroin, but was later tested and determined to be fake, the report stated.

McShann was stopped by officers after the sale and said he “fleeced those dudes,” meaning he knew the drugs were not real, the report stated. He said a man told him to sell drugs in exchange for a cut of the profits, the report stated.

McShann was later charged with a felony possession of criminal tools to accompany the felony drug charges, according to police and jail records.


County worker charged with stealing from Kettering client

KETTERING - A social services worker with the Montgomery County Department of Job and Family Services has been formally charged by prosecutors with stealing from a 79-year-old client.

Jaime Carson, employed by the county since 2005, has been suspended since Dec. 21 after the theft allegations surfaced, Job and Family Services spokeswoman Ann Stevens said.

There is an ongoing internal and criminal investigation, Stevens said.

A case docket was filed in Montgomery County court Monday, Feb. 8, after prosecutors approved a felony theft charge and misuse of a credit card of more than $500 belonging to an elderly or disabled person, court records show.

Kettering police investigated allegations Carson stole a credit card and made two purchases at a Kroger grocery store over a 14-day period that totaled $715, Officer Michael Burke said.

Kettering police presented the case to prosecutors in January and the theft charge was approved, prosecutors spokesman Greg Flannagan said.

Carson is not in jail and the case has yet to go before a grand jury for a possible indictment, court records show.


Police: Man assaults officers, passes out in hospital bed

DAYTON - A 64-year-old man is in jail on felonious assault of a police officer after officers said he punched, scratched and resisted arrest after being refused entry into a bar Saturday, Feb. 6.

Henry Walker.jpg
Henry Walker, 64

Henry Walker was arguing with a group of people outside the Sip N Nip, 642 Troy St., about 10 p.m. when two officers arrived, according to a police report.

An officer had to escort Walker to his cruiser with a forearm shove and the man showed signs of being intoxicated, the report stated. While trying to calm Walker down, officers said he urinated on himself and became combative.

Walker scratched one officer on his head and began “thrashing about,” the report stated. Officers had to dry stun Walker with a Taser after they were unable to get him in handcuffs, the report stated.

Eventually Walker was handcuffed and taken to Grandview Medical Center where he began making racial slurs at the office, the report stated.

Walker continued to thrash and kick and tried to get out of his hospital bed straps for nearly three hours before he passed out, the report stated. A blood test showed he had a blood-alcohol level of .360.

One officer had to be treated for minor scratches at Grandview Medical Center and Walker was later transported to Montgomery County Jail. Walker was not seriously injured, the report stated.


Lone Star cook charged in alleged sexual encounter with waitress

BUTLER TWP., Montgomery County - A Lone Star Steakhouse cook is in the Montgomery County Jail on $100,000 bond for charges related to an alleged sexual encounter he had with a waitress at the restaurant.

Albert A. Smith, 59

Albert Smith, 59, turned himself into police at 11 a.m. today, Feb. 5, after prosecutors approved gross sexual imposition and abduction charges against him earlier this week, prosecutor’s spokesman Greg Flannagan said.

A female waitress at the restaurant on Miller Lane said Smith pulled her into various places inside the restaurant and tried to initiate sexual contact on Jan. 19, Flannagan said.

The 18-year-old woman was not raped during the incidents, authorities said,

Smith faces a little more than 11 years in prison if convicted on all charges, Flannagan said. His next court date is scheduled for Monday at 11:15 a.m.


County worker arrested after heroin found in her car, police say

DAYTON - A Montgomery County disability services coordinator is in jail on a felony drug possession charge after police found heroin in her car Thursday, Feb. 4.

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Heather Overbay, 38

Heather Overbay, 38, was in the DeSoto Bass housing complex about 11:45 a.m. when officers said they noticed suspicious activity in her vehicle, according to a police report.

Overbay told officers she was working and looking for an address on Clement Avenue or Kilmer Street, but was lost, the report stated. She told officers she left her driver’s license and address in her purse at work.

The officers asked Overbay if her supervisor could verify her story, but Overbay said her boss wouldn’t know her exact whereabouts, the report stated.

She gave the officers permission to search the vehicle where they found four capsules of heroin in a small purse, the report stated. Overbay said she bought the heroin from someone named “Polo” earlier that day for $40, the report stated.

Overbay told officers she has been “hooked” on heroin for about three months, the report stated. She said she’s been having a “rough” time lately and heroin “makes everything go away,” the report stated.

Tim Pfister, a Community Relations Specialist for the county, said an internal investigation is being conducted, but no official action has been taken regarding Overbay’s employment.

Overbay has worked for the county’s Board of Developmental Disability Services since May, processing claims for disability services.


Bank robbed in downtown Dayton

DAYTON - Police are on the scene of a bank robbery at the National City Bank’s downtown branch, police said.

Officers were dispatched to 6 N. Main St. about 1:30 p.m. today, Feb. 5, after the robber was able to escape on foot with money from the bank, Sgt. Larry Tolpin said.

The robber entered the bank and handed the teller a note stating he had a gun, Tolpin said. No weapon was ever displayed and the teller complied with his demands to hand over “two stacks” of cash, Tolpin said.

Officers were reviewing surveillance footage to see where he might have run to, Tolpin said. Anyone with information about the robbery should call 333-COPS.


Men claim to be ‘shooting dice’ amongst scales, bags of drugs

Dayton police raided an apartment at 344 S. Main St., Tuesday evening, and found evidence of a drug operation including multiple bags of crack cocaine and marijuana, scales, cash and a semi-automatic handgun, according to a police report.

David A. Toosen, 31, and Marvin T. Hardin, 27, were arrested for possession of the drugs.

David A. Toosen, 31

Toosen, who was near the scales and drugs when officers entered the apartment, claimed he was only there shooting dice, the report stated.

Hardin was observed fleeing the bathroom where police found the toilet clogged with toilet paper and a bag of crack on the floor. Hardin claimed he was going to the bathroom, according to the report.

Marvin T. Hardin, 27

The Dayton Police Vice Crimes Unit had been watching the building during the week of Jan. 25 and noticed a high volume of traffic coming and going.

Hardin and Toosen have both been arrested at least 20 times, including previous drug arrests. They were both booked into Montgomery County Jail.


Home healthcare worker accused of robbing client

A home care worker was arrested Monday, Feb. 1, after allegedly stealing from a former client.

Aubrey S. Looney, 19, is charged with felony burglary for stealing money and an ATM card from the home of Samuel Prather in the 1600 block of Northdale in Dayton, according to a police report.

Aubrey S. Looney, 19, of Kettering

Prather, who uses a wheelchair, told police he was awakened around 10 a.m. Monday to the sound of someone in his house. He was able to get to the window and saw a black vehicle pulling away from his house, the report stated.

Prather was able to identify the vehicle as that of his former home healthcare aide Looney.

When confronted by police Looney admitted to taking Prather’s ATM card and withdrawing $400 from his bank account, the report stated. Looney said she was attempting to return the card when Prather saw her Monday morning.

Looney, who is employed by ResCare HomeCare, has reportedly been suspended without pay.


Suspended officer resigns post before disciplinary hearing

MIAMI TWP., Montgomery County - A Miami Township police officer accused by his fellow officers of knocking a handcuffed man unconscious has resigned.

Thomas Seifert, a 14-year veteran with the force, submitted his resignation before a pre-disciplinary hearing with township trustees Tuesday morning, Chief John Krug said.

Township trustees approved his resignation, Krug said.

Seifert, 39, has been suspended with pay since August while the Montgomery County Sheriff’s Office investigated statements by his fellow officers that Seifert kneed Jeffrey Lykins in the head outside the Milano’s restaurant on Springboro Pike, according to sheriff’s records.

Lykins was handcuffed when Seifert delivered the blow and was unconscious for about five minutes before being treated at a local hospital, his fellow officers told investigators.

Seifert was charged by Miami Twp. police with misdemeanor assault, according to Miamisburg Municipal Court records. A plea agreement was reported to be apart of his resignation, township officials said.

It is unclear what agreement was made with Warren County prosecutors, who declined comment until Seifert’s Feb. 25 court date. Krug said he asked independent agencies to handle the investigation and any pending criminal action related to Seifert’s actions to alleviate a conflict of interest.

Seifert had prior “anger management” issues as an officer, according to letters written by his supervisors and placed in his personnel file.


Mother tells police she doesn’t want 3-year-old son

DAYTON - A 19-year-old mother called police Monday, Feb. 1, and told them to take her 3-year-old son because she did not want him anymore.

Officers responded to the 5000 block of Norris Drive about 6:40 p.m. to find the distraught mother fed up with taking care of the child and wanted him removed, but not her daughter, according to a police report.

The mother said the boy’s father was not taking care of him and she felt she didn’t have to either, the report stated. Montgomery County Children’s Services was called to the home to assess the situation, the report stated.

The child’s grandparents arrived and told police they would take care of both the mother’s children, the report stated. The children were released to the grandparents.

Children’s Services spokeswoman Ann Stevens said parents have other options if they feel they can’t cope or care for their children anymore. Before calling police, Stevens said parents or guardians can call 224-KIDS or the United Way at 225-3000.

“If you just want to be heard give us a call. We have professionals on hand who can give some advice,” Stevens said. “We don’t have to open a case. The last thing we want to do see is a child taken from their parents and put into foster care.”

Family and neighbors of parents should also look out for signs of stress and frustration and step in when needed, Stevens said.

“Find someone you trust who can give you that two hours or whatever you need to calm down,” Stevens said. “It’s nothing to be ashamed of.”


Man’s outbursts cause pilot to turn plane around

DAYTON - A Delta Airlines pilot turned around a plane bound for Washington D.C. from Dayton International Airport Monday night, Feb. 1, after a man pushed passengers on the plane and cussed at a flight attendant.

David M. Griffin.jpg
David M. Griffin, 33

David M. Griffin, 33, was taken off the plane about 8 p.m. after the flight attendant told the plane’s pilot about Griffin’s actions, according to a police report. The plane had not left the ground, but was taxing to the runway.

A Dayton police officer approached Griffin at the B14 gate about the issue, but Griffin said “There was no problem” and didn’t know why he had been removed from the plane, the report stated.

The officer said Griffin smelled of alcohol and, after being placed in a holding cell at the airport, started kicking and yelling, the report stated.

Griffin was transported and remains in the Montgomery County Jail on four misdemeanor charges of misconduct involving public transportation, disorderly conduct, disrupting public service and resisting arrest, according to jail records.

There were no injuries to anyone on the plane, though its departure was delayed, the report stated.


Suspended officer had prior ‘anger management’ issues, files show

MIAMI TWP., Montgomery County - A Miami Township police officer suspended since August for allegedly knocking a handcuffed man unconscious has been disciplined before for “anger management” issues, his supervisors said.

Officer Thomas Seifert, 39, is expected at a pre-disciplinary hearing Tuesday, Feb. 2, to discuss allegations made by fellow officers that he kneed Jeffrey Lykins in the head, knocking Lykins unconscious.

Seifert is on paid administrative leave and has been since August, Miami Twp. Police Chief John Krug said. Seifert was charged by Miami Twp. police with misdemeanor assault, according to Miamisburg Municipal Court records.

A jury trial has been scheduled for Feb. 25.

Officers, including Sgt. Scott Fitzgerald, said they were called to Milano’s restaurant, 9572 Springboro Pike, about 10 p.m. on Aug. 6 after witnesses reported Jeffrey Lykins was intoxicated and causing problems, according to documented statements the officers made to investigators with the Montgomery Sheriff’s Office.

Lykins had to be pepper sprayed after not cooperating with the officers and began to spit as a result of being sprayed, the officers said. At one point Lykins spit on Seifert’s arm.

Seifert, a 14-year veteran with the force, then said to Lykins, “Do that again and see what happens,” he told investigators. The officers on the scene said Lykins then turned to spit in Seifert’s direction and as he did, Seifert kneed him in the side of the head between his ear and shoulder.

The blow forced Lykin’s head to smash into the pavement, causing him to bleed, and he was knocked unconscious, Fitzgerald and the officers said.

Fitzgerald said he pulled Seifert off Lykins and called for paramedics. Lykins was unconscious for about five minutes and later recovered at a local hospital, the officers said.

A review of Seifert’s personnel file shows he was suspended for 30 days in 1997 for conduct unbecoming of an officer, immoral conduct and “going off the air.” The Centerville Police Department investigated Seifert after a woman made a false “kidnapping allegation” involving the officer.

The investigation determined Seifert had no role in the “fabricated kidnapping,” but Seifert disclosed “information which indicated you violated departmental policy.”

“My first inclination was to terminate you from the Reserve Program,” Chief John Krug wrote in that incident. “But a review of your personnel file shows that your performance ratings are excellent…”

Krug added that Seifert, “You have earned my trust for telling the truth.”

In another incident in 2002 Seifert was suspended for a day for yelling at a sergeant about an issue involving his time card during roll call. Krug didn’t suspend Seifert, but instead gave him an oral reprimand for his cooperation and honesty.

But a sergeant wrote Seifert “had an anger management problem and needed to work on that,” according to a letter in Seifert’s file.

“It is my opinion Ofc. Seifert is a very high-strung individual who succumbs to pressure and responds with anger,” Sgt. Jerry T. Adams wrote in 2002. “Ofc. Seifert is defiant toward authority, and I feel his behavior during this incident was insubordinate.”

Miami Twp. trustees must vote on Seifert’s employment status after Tuesday’s disciplinary hearing. Miami Twp. trustee Mike Nolan was the sheriff’s chief deputy at the time deputies investigated Seifert. Nolan said he did not know if he would vote.


Semi-truck’s tire rolls off I-75, causes damage at Sinclair

DAYTON - A tire belonging to a semi-truck traveling north on Interstate 75 fell off the truck and rolled into the Sinclair Community College campus.

» See photos of accident from Sinclair’s campus

Officers found a damaged pole on the campus near West Third Street about 2 p.m. Monday, Feb. 1, but found no other damage in the area, police said.

The truck did not cause an accident on the highway, but was disabled, police said. Traffic is still moving along slowly, a police dispatcher said.


Murder-suicide supported by evidence, police say

DAYTON - A city homicide detective said evidence found during the investigation of a couple found dead last weekend is consistent with that of a murder-suicide as first alleged by the Montgomery County Coroner’s Office.

Frederick Williams’ brother found him barely breathing Saturday, Jan. 30, and Williams’ long-time partner, Sylvia Phillips-Ivy, dead about 9 a.m. Saturday at 1721 Kipling Drive, according to police and 911 audio.

It appears Williams, 52, who was pronounced dead shortly after his discovery, was the aggressor in the shooting, police said. Phillips-Ivy, 57, was dead when police arrived, investigators said.

Williams died from a gunshot wound to the head, while Phillips-Ivy was shot multiple times, according to the coroner’s office.

“We don’t have any reports of any previous domestic-violence issues with either deceased person,” lead homicide detective Sgt. Gary White said. “Apparently they have lived together off-and-on for a number of years. Their families considered them to be a couple.”

White said additional family members are being interviewed to get an accurate picture of the couple’s relationship. He would not elaborate on what evidence led to the determination of a murder-suicide.

There were no reported incidents by police at the home in more than a year, according to police records.

Phillips-Ivy is the city’s fifth homicide this year. Click here to check the status of all homicides since 2008.

Share your memories of and condolences for Sylvia Phillips-Ivy and Fredrick Williams.


Man robs Family Video store at gunpoint

A man carrying a semi-automatic handgun robbed the Family Video at 1910 Wayne Ave. Saturday night, Jan. 30.

An employee told police that the man entered the store around 9:50 p.m., displayed the handgun and demanded money from the cashier’s drawer, according to a police report.

The man then fled with $548 and was last seen running down the alley behind the store, the report stated. No one was injured.


UD student arrested after breaking into, passing out in church

Dayton police charged a 20-year-old University of Dayton student with misdemeanor criminal damaging and underage consumption after finding him passed out inside the South Park United Methodist Church early Saturday morning, Jan. 30.

Police were called to the church, at 140 Stonemill Road, just after 3 a.m. Saturday when a burglar alarm was tripped, according to a police report.

Officers found that panels of glass on the front door had been broken, the reports stated. When police entered the church they smelled cigarette smoke and found the student sleeping in the foyer, the report stated. He appeared to have soiled himself and didn’t immediately know where he was, the report stated. He told officers he thought he was in his dorm room at Marianist Hall.

He was issued a summons to appear in court and was returned by officers to his dorm room. A keyholder for the church was called and secured the building.



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