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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2009 > November
November 2009
Alleged Kernich assailants indicted on murder charges
KENT — The two Akron men accused of beating former Fairborn High School student Christopher Kernich to death were indicted Monday, Nov. 30, on murder charges.
Ronald Gene Kelly, 20, and Adrian Alexander Barker, 21, were already indicted on felonious assault charges before Kernich’s death. Barker is also charged with obstructing official business.
Kernich, 23, a Kent State University student and 2005 Fairborn graduate, was severely beaten Nov. 15 in what police called an unprovoked assault. He died at an Akron hospital on Nov. 21.
Kelly and Barker were in a car that was pulling out of a parking lot when it nearly struck a group of people walking on a sidewalk. Kernich was in the group of pedestrians, police said.
The suspects’ car continued down the street until the driver parked it in a driveway. As Kernich’s group walked by, the suspects confronted Kernich’s group and assaulted three of them.
Kernich, suffering from apparent head injuries, was on the ground and unconscious when emergency workers arrived on a report of an assault in progress, police said.
A 6-foot-3, 185-pound senior, Kernich was a three-sport athlete at Fairborn High School, playing football, baseball and basketball.
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Man pleads guilty to manslaughter before start of his murder trial
DAYTON — A man charged with killing his girlfriend’s brother pleaded guilty to involuntary manslaughter on Monday, Nov. 30, the day he was to go on trial.
DaJuan M. Bell, 29, had been indicted on a count of murder, but pleaded to a bill of information for the lesser charge. On Monday, he also pleaded guilty to the other indicted charges: two counts of felonious assault, one count of carrying a concealed weapon and one count of being a felon with a weapon.
Montgomery County Common Pleas Judge Frances McGee set sentencing for Dec. 15.
Bell was charged with the slaying of Kantron Gipson, who died July 11. Gipson was the brother of Chakisha Alstork, the mother of Bell’s 2-year-old son. Gipson’s family members said in July that Gipson was angry because Bell kept hitting Alstork.
On July 11, Gipson went to the 3000 block of Wexford Place, in the Hilltop Homes housing project, to confront Bell. They argued, and Gipson was shot while running from Bell, Dayton police said.
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Convicted drug dealer faces mandatory life sentence
DAYTON — A man convicted Tuesday of leading a major drug-trafficking organization, which brought hundreds of kilograms of marijuana, cocaine and heroin to southern Ohio, faces a mandatory sentence of life imprisonment without parole.
Anthony “Tricky” Baltimore had been on trial since Oct. 19 before U.S. District Senior Judge Walter H. Rice, who will schedule a sentencing hearing.
The jury deliberated for eight hours into Tuesday evening before finding Baltimore guilty of: — one count of conspiracy to distribute and possess with intent to distribute cocaine, heroin, and marijuana. — one count of possession of a firearm in furtherance of a drug trafficking offense — one count of conspiracy to launder money — one count of engaging in a continuing criminal enterprise. Baltimore’s mandatory life sentence stems from his role as one of the principal leaders or organizers of this continuing criminal enterprise.
Baltimore has been in federal custody since his arrest by DEA agents on Oct. 29, 2007.
More than 60 witnesses testified during the trial, presenting evidence that Baltimore was responsible for bringing in large quantities of cocaine from California, marijuana from Texas and heroin from Washington, D.C., according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
Baltimore operated a number of businesses including an automobile dealership, Prestige Imports of Dayton, as a way to conceal the proceeds from the drug trafficking crimes, Stewart said.
Baltimore was also involved in at least two shootings in connection with the drug trafficking, including hiring someone to shoot a drug customer who refused to pay him, Stewart said.
Testimony also showed that Baltimore used the proceeds of the drug trafficking to support Baltimore Properties. He bought eight pieces of real estate in the Cincinnati area using the name of his 85-year old grandmother and received kickbacks at closing from the loan proceeds. Baltimore used false documents to get loans to buy the properties at inflated prices, Stewart said.
Stewart commended the cooperative investigation by DEA and IRS, Montgomery County Sheriff’s Deputies and Dayton Police officers, and Assistant U.S. Attorneys Robert Brichler and William Schenck, who prosecuted the case.
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North Inn Plaza shut down by court order
Harrison Twp., Montgomery County — The North Inn Plaza, a hotel that sheriff’s deputies claim is occupied by drug dealers and prostitutes, has been closed temporarily by the order of a Montgomery County Common Pleas judge.
Judge Connie Price issued the temporary injunction and closing order Wednesday, Nov. 18. Price had hearings on the issue, as requested by sheriff’s detectives and prosecutors, on four days in late October and early November.
Price found that there was clear and convincing evidence that the hotel, 3636 N. Dixie Drive, has been the site of multiple prostitution and drug arrests in recent years. The sheriff’s office will change the locks and barricade the parking lots Thursday.
The hotel is owned by Empire Hospitality Group, whose owner, Sridar Kadaba, lives in New Jersey.
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Driver of truck that ejected boy is indicted on felony and misdemeanor counts
DAYTON — A man who was driving a pickup truck when his girlfriend’s 5-year-old son was ejected from the bed was indicted Wednesday, Nov. 18, on multiple felony charges.
Ryan S. Lucas, 21, was indicted on two counts of child endangering, one count of aggravated vehicular assault and one count of vehicular assault.
The grand jury also indicted Lucas on two misdemeanor counts of operating a motor vehicle under the influence. Both of those counts are first-degree misdemeanors, punishable by up to six months in the county jail.
The boy has been released from Children’s Medical Center.
Lucas was driving on Manning Road on Nov. 9 with the boy riding in the truck bed. The boy’s mother was trailing in a separate vehicle, police believe, because she and Lucas were in the process of moving property.
Lucas drove off the right side of the road, struck a mailbox and then a drainage culvert, causing the boy to be ejected.
Police found empty beer cans in the back of truck and Lucas’ blood alcohol tested over the legal limit, police said.
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Grand jury indicts man who left children in trash can
DAYTON — A man accused of putting two small children in a trash bin after a reported domestic dispute with their mother was indicted Wednesday, Nov. 18, on two counts of attempted murder.
The grand jury also indicted Tommie Johnson, Jr., 39, on four counts of kidnapping, three counts of domestic violence and one count of tampering with evidence. All of the charges are felonies. Attempted murder is a first-degree felony, punishable by up to 10 years in prison.
Johnson’s daughter, 23-month-old Ashonti Johnson, and her 8-month-old brother, Tommie Johnson III, were plucked out of the city-issued trash bin behind a building at 902 E. Second St. on July 27 by two electricians.
The children had been in the bin for about 13 hours, Dayton police said. They were treated at Children’s Medical Center. Johnson said he put the kids in the bin, but intended to retrieve them, according to police.
Montgomery County Juvenile Court Judge Nick Kuntz placed the children in the custody of Children Services.
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Grand jury indicts man in Higgins Station beating death
DAYTON — The man accused of beating another man to death outside the Higgins Station bar was indicted Thursday, Nov. 12, on murder and other charges.
Richard Evans, 29, was arrested Nov. 2 in his girlfriend’s apartment at 3321 Valerie Arms Drive. He remained in the Montgomery County Jail, as of Thursday afternoon.
The charges include two counts of murder, two counts of felonious assault and two counts of involuntary manslaughter, and one count of being a felon in possession of a weapon.
Trotwood police said Evans pistol-whipped Stephen Moody on the head outside the bar, 420 E. Main St., on Sept. 26. Moody lapsed into a coma and died Oct. 4 at Miami Valley Hospital.
Investigators said witness statements led them to believe Moody was trying to break up a fight outside the bar, 420 E. Main St., and was beaten by Evans.
Trotwood police temporarily shut down Higgins Station on Oct. 29 after a judge approved a temporary restraining order in response to two homicides and numerous other instances of violence at the bar.
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Former loan officer and talk show host indicted in mortgage fraud case
DAYTON — Three men, including a former loan officer at the Centerville branch of Republic Bank and a local radio talk show host, have been indicted on charges concerning a mortgage scheme that involved $4.5 million in fraudulent loans.
James L. Mack, 64, the former loan officer, as well as Walter A. Millat, 70, and his son William E. Millat, 49, are accused of fraudulently orchestrating the purchase and sale of more than 100 properties in the Dayton area between 2001 and 2006, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
Between April 2005 and May 2006, William Millat hosted a Saturday morning radio call-in talk show entitled “Real Estate Investing for Everyone” on a Dayton radio station.
All three suspects are from Dayton. Stewart announced the indictment on Thursday, Nov. 12, two days after the grand jury issued it.
The indictment charges each man with one count of conspiracy, four counts of mail fraud and four counts of bank fraud. Each count is punishable by up to 30 years imprisonment.
The indictment also charges the Millats with conspiracy to launder money, punishable by up to 20 years imprisonment. The indictment also seeks forfeiture of the proceeds of the scheme.
The Millats, who operated various real estate businesses and corporations, recruited investors through newspaper ads in Dayton, New York City and Indianapolis to participate in a plan to buy and renovate single family homes in Dayton. Investors were promised a 50 percent return on their investment if they would invest for three months, according to court records.
The Millats directed potential buyers to Mack. Prospective buyers were promised that they would receive the properties without putting any money down, receive a check at closing, and that the properties would be renovated, rented, and generating positive cash flow without any cost to the buyers. The scheme victimized at least 12 separate individual property investors, according to records.
The three allegedly used the buyers’ information and created false documents to obtain all the mortgages from Republic Bank, netting more than $2 million in proceeds for themselves through the scheme, according to records.
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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.
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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.
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Springfield business owner pleads guilty to tax charge
DAYTON — A Springfield business owner who pocketed $220,000 of his employees’ payroll taxes pleaded guilty Friday, Nov. 6, to one count of willful failure to collect and pay owed employment taxes to the Internal Revenue Service.
Richard Albrecht, Jr., 52, of Yellow Springs, appeared before U.S. District Senior Judge Walter H. Rice, Jr., who scheduled sentencing for Feb. 4.
Albrecht faces a maximum prison sentence of five years and a fine of $10,000, according to Carter M. Stewart, U.S. Attorney for the Southern District of Ohio.
“Employers who fail to remit withheld employment taxes to the IRS are not only enriching themselves, they are creating financial problems for their employees,” said Jose A. Gonzalez, Special Agent in Charge, IRS, Criminal Investigation.
Between 2001 and February 2008, Albrecht owned a rigging company that operated under the names of Automotive Component Systems LLC, R&J Rigging, and RCSI Inc. (collectively, Automotive Component Systems) in and around Springfield, according to court documents.
As owner and operator, Albrecht was responsible for collecting payroll taxes and paying them to the IRS. Although he took the taxes from his employees’ paychecks, he knowingly failed to pay the IRS, specifically for the third quarter of 2003 through the fourth quarter of 2005, according to court documents.
Over this same period of time, Albrecht did not file the required Employer’s Quarterly Federal Income Tax Returns documenting the payroll taxes collected from the employees of Automotive Component Systems with the IRS.
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Grand jury declines to indict mother, boyfriend, in child’s death
By Lou Grieco and Lucas Sullivan
DAYTON — A Montgomery County grand jury has declined to indict two people held on charges related to the beating death of 2-year-old Malechi Wilson.
Denise Stinson, the boy’s mother, and her boyfriend, Mark A. Newberry, were booked into the Montgomery County Jail on Oct. 30. Both were still in jail Friday, Nov. 6, the day the grand jury issued its report.
“All of the witnesses and evidence currently available was presented to the Montgomery County Grand Jury,” said Greg Flannagan, spokesman for the Montgomery County Prosecutor’s Office. “They voted to not indict either of the arrested suspects. The investigation into the injuries and death of this child is on-going.”
Attorney Kathryn L. Bowling, who represents Newberry, declined comment.
Newberry lost a run for a Montgomery County Commission seat last year. He filed to run for Dayton City Commission in March, but failed to get enough signatures to be placed on the ballot.
Malechi died at Dayton Children’s Medical Center on June 9 after police responded to Newberry’s home at 910 Crestmore Ave. on a report of a child in duress, police said.
County coroner Dr. James Davis said in June that Malechi “suffered for hours.” Davis, who ruled Malechi’s death was caused by blunt force trauma to the abdomen, said he was beaten so badly some of his internal organs ruptured.
Stinson, 23, and Newberry, 45, were arrested immediately after Malechi’s death. They were released two days later when prosecutors did not approve charges.
Prosecutors approved charges Oct. 29, which were filed in Dayton Municipal Court. The next step in the process is presenting evidence to the grand jury.
Neither Stinson nor Newberry have cooperated with police during the nearly five-month probe, Dayton Police Sgt. Gary White said last week.
Newberry is not Malechi’s biological father, police said. The couple does have a 10-month-old child together that has been placed into foster care, White said.
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