Thurgood Marshall graduation 2012
Badin vs. Versailles
Law Enforcement Memorial Day
Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2009 > November > 09
Monday, November 9, 2009
Grand jury indicts man accused of stabbing MVH nurse
DAYTON — The man accused of stabbing a Miami Valley Hospital nurse last month was indicted Monday, Nov. 9, on 12 felony counts, involving three separate attacks on women
James M. Cundiff, 42, a tier III sexual offender, is charged with four counts of aggravated robbery, four counts of felonious assault, and single counts of tampering with evidence, abduction, aggravated menacing and aggravated trespassing.
The aggravated robbery and felonious assault counts all include repeat violator offender specifications, which would enhance any sentences on those counts.
“This defendant terrorized multiple victims in our community” said Montgomery County Prosecutor Mathias H. Heck, Jr. “He is a violent, habitual criminal who must be incarcerated in order to protect our citizens.”
According to Heck:
— On Aug. 28, Cundiff robbed a homeless woman on South Main Street, then cut her with a knife as she tried to flee.
— On Sept. 29, Cundiff attacked a woman who was on the porch of her North Belmonte Park residence, grabbing her and placing her in a headlock. She opened her door, let out her dog and yelled for her husband. Cundiff then fled.
— On Oct. 1, Cundiff followed two Miami Valley Hospital employees as they walked to the employees parking lot. He stabbed one of them, an ICU nurse, in her neck and took her purse and bags before fleeing.
Cundiff was released from prision in March 2002 after serving 18 years of an 8- to 25-year sentence. He was convicted of rape and aggravated robbery in Mahoning County in October 1984.
Permalink | |
Man sentenced to two years in prison for Huber Heights stabbing
DAYTON — A man accused of stabbing another man June 25 near a Huber Heights bar was sentenced to two years in prison Monday, Nov. 9.
James C. Harper pleaded guilty to one count of felonious assault Oct. 26, one day before his trial was to begin.
“I’d just like to say I’m sorry for what I’ve done,” Harper told Montgomery County Common Pleas Judge Connie Price. “It was just a foolish mistake and I wish that it had never happened.”
Price responded that Harper’s victim, Ralph Westery, had to go through surgery was unable to return to work.
“Based upon your actions, sir, he has ended up losing his job,” Price said.
Westery, 44, of Huber Heights had been inside the Cape Lounge, 5130 Brandt Pike. He went out to his sport utility vehicle and found Harper lying on the front seat.
Westery scared off Harper and went back inside the lounge, then was told Harper had recently been released from prison. Westery then decided to go after Harper, chasing him several blocks before he caught him, according to police.
Harper stabbed Westery in the stomach with a multipurpose tool knife and ran. Police later arrested Harper near the bar, police said.
Harper was indicted on two counts of felonious assault, which likely would have merged for sentencing purposes had he been convicted of both. He pleaded to the count of felonious assault with a deadly weapon. The second count, for causing serious harm, was dismissed.
Permalink | |
