Ex-offender rehabilitation effort receives $720,000 grant

By Lou Grieco | Friday, March 19, 2010, 12:03 PM

DAYTON — A $720,000 state grant will fund a center to help ex-convicts become productive members of society, the Montgomery County Commission announced Friday, March 19.

“This grant will provide case management, employment services and drug and alcohol services for ex-offenders,” said U.S. District Senior Judge Walter H. Rice, who has co-chaired the county’s re-entry task force with Commissioner Debbie Lieberman for two years.

The “Byrne Memorial Justice Assistance Grant” comes from the Ohio Department of Criminal Justice, which announced $4.7 in federal stimulus funds Friday in 14 areas to support re-entry initiatives. The Darke, Miami and Shelby counties re-entry task force netted $170,000 and the Clark County task force received $150,000. Those funds will be used to develop re-entry programs.

The Montgomery County task force has developed a strategic plan, identifying several issues that cause barriers for ex-offenders, including housing, family problems and employment. The Task Force has more than 75 community leaders, including elected officials, law enforcement officials, faith-based leaders, employers and ex-offenders.

The new grant will fund a Welcome One-Stop Re-entry Center (WORC) and a Montgomery County Office of Ex-Offender Re-entry, where ex-offenders will have their needs assessed and get access to services they need to help successfully re-integrate into the community, Rice said.

“We are very excited about the transitional jobs incubator, which will provide resources to the community for the development of transitional jobs programs that have been very successful throughout the country in assisting ex-offenders to gain full-time employment,” Rice said.

The grant period will cover 20 months. It will allow the pieces of the re-entry effort to be developed while officials continue to seek permanent funding, according Cathy Petersen, communications director for the county.

Ohio’s prisons are currently at 132 percent capacity and many county jails remain overcrowded. But nearly every person incarcerated in a jail and about 97 percent of those incarcerated in prisons nationwide will eventually be released, according to task force reports.

Spending on corrections has increased faster than any other item in state budgets except health care, and two out of every three people released from prison are re-arrested within three years of release. Three-quarters have a history of substance abuse, and two-thirds lack a high school diploma.

“These federal funds will allow us to implement the strategic plan and really see changes in how our community works with people coming back to Dayton and Montgomery County from the Ohio prison system,” Lieberman said.

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Drunk driver who killed woman gets 7-year sentence

By Lou Grieco | Thursday, March 18, 2010, 12:01 PM

DAYTON — a Dayton man convicted of killing a West Alexandria woman while driving drunk was sentenced Thursday, March 18, to seven years in prison.

Justin M. Henderson, 21, appeared before Montgomery County Common Pleas Judge Dennis J. Langer, who noted that Henderson was underage at the time of the accident, that he had prior convictions for drunk driving offenses and was driving under suspension at the time.

“You shouldn’t have been drinking at all,” Langer said. “You shouldn’t have been driving at all.”

Langer also suspended Henderson’s driver’s license for life, and ordered him to pay nearly $8,500 in restitution.

Henderson could have received a 10-year sentence. Langer said that “the court is convinced that you are genuinely remorseful.”

Henderson wept as he apologized to the family and said that “if I could change spots for her,” he would.

He also wept and shook his head “no” as deputies handcuffed him after the hearing.

Members of both families also wept during the sentencing.

Henderson pleaded guilty Feb. 18 to two counts of aggravated vehicular homicide, plus one count of operating a vehicle while under the influence. He has two prior convictions for OVI, both in Kettering Municipal Court.

Henderson, now 21, was 20 at the time of the April 26 accident that killed 41-year-old Mary J. Farrow. Henderson’s blood-alcohol content was measured at 0.266, or more than three times the legal limit, according to a sentencing memorandum filed by prosecutor’s.

The crash occurred about 1:40 a.m. Witnesses estimated that Henderson, who was northbound on County Line Road, was traveling at between 90 and 110 mph. A crash investigator estimated that Henderson was driving at least 82 mph when he ran a red light at Research Boulevard and plowed into the driver’s side door of Farrow’s jeep, according to a sentencing memorandum filed by prosecutors.

“Mrs. Farrow was a loving wife, mother and grandmother” who had been socializing with friends and was sober when she left a friend’s home minutes earlier, according to the memorandum. “Mrs. Farrow never stood a chance as the defendant slammed into her car.”

Following the crash, a witness pulled Henderson from his car before it became engulfed in fire, police said. Another witness performed CPR on Farrow, but she was pronounced dead at the scene.

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Attempted contract murder leads to seven-year sentence

By Lou Grieco | Monday, March 15, 2010, 01:42 PM

DAYTON — A former Montgomery County Jail inmate who tried to arrange a contract murder while he was in the jail was sentenced Monday, March 15, to seven years in prison.

Robert Rose, 27, pleaded guilty Feb. 22 to one count of conspiracy to commit murder. The sentence handed down Monday by Common Pleas Judge Connie S. Price is to be served consecutively to a two-year prison stretch Rose is serving for unrelated offenses.

The charge, a first-degree felony punishable by up to 10 years in prison, was the only indicted charge.

According to the indictment, Rose was incarcerated in the jail between Sept. 14 and Oct. 20 when he solicited another inmate, Elmer Phillips, to kill another man. He offered Phillips $5,000, a car and a place to live, the indictment said.

Rose called the intended victim several times from the jail on Oct. 3 and left threatening messages for him, warning him to stay away from Rose’s girlfriend, the indictment said.

Phillips arranged for Rose to speak with an undercover detective posing as a hit man at the jail on Oct. 15. Rose offered the detective money and a car, and held up a piece of paper with the intended victim’s address, the indictment said.

On Oct. 20, Rose had a piece of paper in his jail cell with contact information for the “hit man,” the indictment said.

Rose was admitted to the Ohio Department of Rehabilitation and Correction on Nov. 2 after he was convicted in Montgomery County Common Pleas Court on charges of burglary and soliciting and on another burglary charge in Clark County Common Pleas Court.

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Mother whose daughter died from abuse sentenced to prison

By Lou Grieco | Thursday, March 11, 2010, 12:15 PM

DAYTON — A woman convicted of involuntary manslaughter in the 2004 beating death of her 2-year-old daughter was sentenced Thursday, March 11, to 10 years in prison, the maximum sentence.

Lisa M. Davis, 25, pleaded guilty on Feb. 12. Her daughter Elizabeth died Aug. 14, 2004 from a severe blow to the abdomen.

Montgomery County Common Pleas Judge Dennis J. Langer noted that Davis’ conviction was not for hitting her daughter, though some people believe she may have caused the fatal injuries. Instead, Davis was convicted of involuntary manslaughter as a “proximate result” of committing child endangerment by allowing her daughter to be hurt and not seeking medical attention for the girl.

It took 8 to 24 hours for the girl to bleed to death internally after someone struck her abdomen hard enough to split open her liver and nearly sever her small intestine, according to the autopsy report obtained in a 2006 Dayton Daily News examination.

That did not mean Davis had not been “a horribly abusive mother,” Langer said. On occasion, Davis would slam the girl’s head against the wall.

The girl was covered with bruises across her body, including on her temple and chin, Langer said.

Davis wept as she told Langer that “I’ve taken responsibility for not being the mother I should have been. I live every single day with the fact that I did not protect my child as a mother should.”

Following the sentencing, county Prosecutor Mathias H. Heck, Jr. said that while there was insufficient evidence to charge Davis with striking the fatal blow, there was overwhelming evidence that Davis had abused the child repeatedly during the girl’s life. He also praised Miamisburg police for their diligent investigation over a five-year period.

“These cases take time,” Heck said. “Justice was served today.”

Davis lived in Moraine when she was indicted in February 2009 on one count of involuntary manslaughter, one count of endangering children and two counts of corrupting the child with drugs. The drug counts were for allegedly providing marijuana to the girl.

She remained in the Montgomery County Jail since her arrest. In the plea agreement, all charges but involuntary manslaughter were dismissed.

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Basketball ambush leads to 22-year prison sentence

By Lou Grieco | Tuesday, March 9, 2010, 02:22 PM

DAYTON — A man convicted of shooting another person during a basketball court ambush which left Thomas “Tom-Tom” Watson dead was sentenced Tuesday, March 9, to 22 years in prison.

Chamare Mays, 21, was convicted March 1 of felonious assault, tampering with evidence and one count of inducing panic, plus firearms specifications on all three counts. The felonious assault charge involved the shooting of Fabian Q. Gentry, not Watson.

However, the jury deadlocked on four counts, including two counts of murder in Watson’s death. Montgomery County Common Pleas Judge Gregory F. Singer set a June 7 date for a re-trial on those charges.

Watson, 25, was a high-ranking member of the DVH gang when he was gunned down April 16 on a College Hill Park basketball court.

Mays surrendered to police on April 21 and has been in custody since.

Dayton police said last year that Mays was one of three gunmen, some wearing masks, who fired at a group of men who were playing on the Shaftesbury Road basketball court. Mays isn’t the gunman who killed Watson, detectives said, but they believe he shot one man in the leg.

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Disbarred Centerville attorney’s clients awarded cash

By Lou Grieco | Tuesday, March 9, 2010, 10:49 AM

COLUMBUS — Three former clients of former attorney Charles E. Bursey II were awarded a total of $7,029 at a Friday, March 5, meeting of the Board of Commissioners of the Clients Security Fund of Ohio.

Bursey, of Centerville, was permanently disbarred in December by the Ohio Supreme Court. Bursey, 39, misappropriated client money, forged their signatures, and mixed client money with his own, the court found.

The court, in a 7-0 opinion, said Bursey engaged in a pattern of dishonest conduct. In May, he was convicted of theft.

Bursey’s clients were among 34 victims of attorney theft who were awarded $93,494 at the Friday meeting, according to the supreme court, which announced the board’s actions on Tuesday, March 9.

The only other Miami Valley attorney listed was Keith J. Brown of Preble County, who has been suspended. One of his former clients was reimbursed $1,873 as a result of Mr. Brown’s failure to provide the services requested, according to the court.

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Former police officer receives jail sentence

By Lou Grieco | Monday, March 8, 2010, 04:33 PM

DAYTON - A former Dayton police officer, convicted of illegally selling impounded cars, was sentenced Monday, March 8, to 90 days in jail plus five years probation.

Phillip Brooks Sr., 44, pleaded guilty to nine felonies on Wednesday, Feb. 3, and agreed to surrender his peace officer certification.

Montgomery County Common Pleas Judge Timothy O’Connell suspended a 26-year prison sentence. He also ordered Brooks to pay $2,100 in restitution to two victims.

Dayton Police Chief Richard Biehl addressed O’Connell, about his “regrettable duty” to discuss the criminal actions of an officer.

“They were a betrayal of his responsibility to protect the citizens of Dayton,” Biehl said.

But Brooks’ attorneys Daniel O’Brien and Mark Segreti said their client had merely made mistakes.

“He thought that they were abandoned,” O’Brien said. “He did not believe he was doing anything wrong.”

Under the plea agreement, Brooks pleaded guilty to six counts of tampering with government records, all third-degree felonies, from his original May 21 indictment. Sixteen other counts were dismissed. Brooks also pleaded guilty to all three counts from his Sept. 25 re-indictment: two counts of theft in office and one count of attempt to commit theft in office, all fifth-degree felonies.

Under Ohio law, third-degree felonies are punishable by up to five years in prison. Fifth-degree felonies are punishable by up to 12 months in prison.

O’Connell told Brooks at his plea hearing that he faced up to 33 years in prison, but that he also could be eligible for probation. Assistant county prosecutor Ward Barrentine told O’Connell that prosecutors and defense attorneys had no agreement on sentencing, leaving it to O’Connell’s discretion, but Brooks will be ordered to pay restitution to the victims.

Brooks maintained his innocence during an interview with the Dayton Daily News on May 22 stating “I’m not guilty” and “I put this in God’s hands and let my attorney do what he does best.”

Brooks had been suspended without pay since April 13.

Brooks allegedly used a confidential police database to determine the owner of vehicles that had been towed or impounded, according to the county prosecutor’s office. Brooks then used that information to forge a fake bill of sale and had a new title issued in his name.

He would then sell the vehicles. There is no evidence other officers were involved, Dayton Police Chief Richard Biehl said in May.

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