Main Mart slaying case ends with conviction

By Lou Grieco | Friday, February 10, 2012, 04:55 PM

DAYTON — Antonio Wynn, charged with complicity to commit murder in connection with a slaying committed by a childhood friend, was convicted Friday.

Montgomery County Common Pleas Judge Frances E. McGee turned the case over to the jury about 12:10 p.m. They came back with the verdict about 3:30 p.m., and McGee set sentencing for Feb. 28.

Both prosecutors and Wynn’s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him.

“These two defendants, Antonio Wynn and George Turner, acted together in this crime,” said assistant Montgomery County prosecutor Jennifer Brumby during her closing argument Friday afternoon.

But Anthony Cicero said, while his client did assault Deonta Beans, he did not know that Turner was going to shoot him.

“This was an unexpected event,” Cicero said.

Beans, 20, was beaten and shot Dec. 3, 2010 in the Main Mart convenience store, which is on the 2400 block of North Main Street, near Parkwood Avenue. He died hours later at Miami Valley Hospital.

Surveillance video showed that Wynn and Turner walked into the store and Wynn punched Beans twice before Turner shot him.

The trial started Monday. Turner, 20, was to go on trial this week with Wynn, but he pleaded guilty to murder and tampering with evidence last week. No charges were dismissed, and his sentencing was set for Feb. 14.

Subpoenaed as a witness, Turner testified for the defense, and said that Beans robbed him at gunpoint with two accomplices weeks before Beans’ slaying. Those men put Turner on his knees, Cicero said.

“He thought he was going to be executed,” Cicero said. “That’s what Deonta Beans did to George Turner.”

Turner also testified that the two split up a pair of gloves before they entered the store. Wynn, who is right-handed, put on the right glove. Turner, who is left handed, put on the left.

Cicero told the jury not to focus on “isolated still issues,” from the video.

“Antonio Wynn did not aid or abet the felonious assault, the shooting of Deonta Beans,” Cicero said. “He was there to beat up Deonta Beans. That is not what he is on trial for.”

Assistant county prosecutor David Franceschelli said that the defense was wrong to characterize the shooting as an unexpected event, as two childhood friends, one armed, went to exact revenge for the prior robbery. The shooting was a foreseeable outcome of that, he said.

“That’s classic aiding and abetting,” Franceschelli said. “He doesn’t get a freebee.”

Wynn was arrested that same evening at his home on the 2600 block of Main, wearing the same clothes as the attacker, Brumby said.

Members of the Southern Ohio Fugitive Apprehension Strike Team, or SOFAST, arrested Turner at a West Cornell Woods Drive apartment Jan. 21, 2011.

Beans’ older brother Jeffrey, 26, was killed Jan. 9, 2011 and his body dumped in an alley near the Paul Laurence Dunbar House. Police said last year they had found no evidence to connect the brothers’ slayings.

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Main Mart slaying case goes to the jury

By Lou Grieco | Friday, February 10, 2012, 11:24 AM

DAYTON — The case against Antonio Wynn, charged with complicity to commit murder in connection with a slaying committed by a childhood friend, went to the jury Friday.

Montgomery County Common Pleas Judge Frances E. McGee turned the case over to the jury about 12:10 p.m.

Both prosecutors and Wynn’s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him.

“These two defendants, Antonio Wynn and George Turner, acted together in this crime,” said assistant Montgomery County prosecutor Jennifer Brumby during her closing argument Friday afternoon.

But Anthony Cicero said, while his client did assault Deonta Beans, he did not know that Turner was going to shoot him.

“This was an unexpected event,” Cicero said.

Beans, 20, was beaten and shot Dec. 3, 2010 in the Main Mart convenience store, which is on the 2400 block of North Main Street, near Parkwood Avenue. He died hours later at Miami Valley Hospital.

Surveillance video showed that Wynn and Turner walked into the store and Wynn punched Beans twice before Turner shot him.

The trial started Monday. Turner, 20, was to go on trial this week with Wynn, but he pleaded guilty to murder and tampering with evidence last week. No charges were dismissed, no sentencing date has been set, and Turner was subpoenaed as a witness in Wynn’s trial, according to court records.

Turner testified for the defense, and said that Beans robbed him at gunpoint with two accomplices weeks before Beans’ slaying. Those men put Turner on his knees, Cicero said.

“He thought he was going to be executed,” Cicero said. “That’s what Deonta Beans did to George Turner.”

Turner also testified that the two split up a pair of gloves before they entered the store. Wynn, who is right-handed, put on the right glove. Turner, who is left handed, put on the left.

Cicero told the jury not to focus on “isolated still issues,” from the video.

“Antonio Wynn did not aid or abet the felonious assault, the shooting of Deonta Beans,” Cicero said. “He was there to beat up Deonta Beans. That is not what he is on trial for.”

Assistant county prosecutor David Franceschelli said that the defense was wrong to characterize the shooting as an unexpected event, as two childhood friends, one armed, went to exact revenge for the prior robbery. The shooting was a foreseeable outcome of that, he said.

“That’s classic aiding and abetting,” Franceschelli said. “He doesn’t get a freebee.”

Wynn was arrested that same evening at his home on the 2600 block of Main, wearing the same clothes as the attacker, Brumby said.

Members of the Southern Ohio Fugitive Apprehension Strike Team, or SOFAST, arrested Turner at a West Cornell Woods Drive apartment Jan. 21, 2011.

Beans’ older brother Jeffrey, 26, was killed Jan. 9, 2011 and his body dumped in an alley near the Paul Laurence Dunbar House. Police said last year they had found no evidence to connect the brothers’ slayings.

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Former Dayton probation officer pleads guilty to seven felonies related to embezzlement

By Lou Grieco | Monday, February 6, 2012, 04:46 PM

DAYTON - A former Dayton Municipal Court probation officer, accused of embezzling more than $90,000 in probationers’ fees that were to go to the city, pleaded guilty Monday to seven felonies.

Douglas W. Lowe, 38, was indicted in July on 16 third-degree felonies, all of them punishable by up to 36 months in prison, and two misdemeanors. On Monday, Lowe pleaded guilty to:

— One count of theft in office of more than $5,000 — Five counts of tampering with government records — One count of tampering with evidence

Lowe will be sentenced by Montgomery County Common Pleas Judge Timothy O’Connell on March 12.

Lowe, who also once worked as a part-time University of Dayton police officer, worked for the court from 2006 until 2009. He was in charge of and administered the court’s electronic home detention program until he resigned after being confronted with allegations of misconduct, according to Montgomery County Prosecutor Mathias H. Heck, Jr.

“This defendant abused his position of authority and his acts undermine the credibility of the criminal justice system,” Heck said Monday. “The citizens of our community rightfully demand and should expect that government employees will be honest and trustworthy. As such, we will be asking the judge for a significant prison sentence in addition to paying restitution.”

Following Lowe’s resignation, the court conducted an audit of fees paid by probationers and collected by the probation department for the home detention program. After discrepancies were found, court officials asked the fraud unit of the prosecutor’s office to investigate.

The fraud unit found that Lowe collected supervision fees from probationers and would keep the money. He would then alter records to cover for his thefts, Heck said.

Lowe resigned on Dec. 4, 2009, the same day officials signed a letter stating he would no longer be employed by the court.

He had been on probation for a “history of lack of judgment” that included misuse of a city vehicle and issues related to nearly $4,800 he owed the city after receiving too much retroactive pay.

A letter in his file dated Aug. 17 states that another violation of the court’s personnel policy would result in his termination.

On Nov. 27, the probation office received an anonymous letter that stated Lowe had been driving a Mercedes from Bob Ross Buick Inc. with dealers plates for more than a month.

At that time, Lowe was monitoring the home detention of Robert Ross Jr., whose family owned the Centerville dealership and who worked there as a salesman.

In 2001, Lowe was arrested after an incident at his ex-girlfriend’s Huber Heights home. Lowe had gotten into an altercation with the ex-girlfriend’s new boyfriend the previous night in the Oregon District.

When the ex-girlfriend refused to let him in the next morning, Lowe kicked in the door then got into another fight with the boyfriend.

Lowe, at the time a UD officer, had his service weapon with him. The boyfriend disarmed him, and Lowe was arrested, according to court records.

Lowe was never indicted in the case, in part because his ex-girlfriend and her new boyfriend refused to cooperate. The ex-girlfriend told police that Lowe paid child support and she needed the money from him, according to court records.

Lowe petitioned to have his arrest record sealed in 2007, stating that he wanted to become chief probation officer and he thought the record would hurt his efforts.

Montgomery County Common Pleas Judge Mary Katherine Huffman denied Lowe’s request, citing the violent nature of the offense, Lowe’s “lack of meaningful remorse beyond his empty statement of regret,” and “the fact that the case was not adjudicated on the merits, but apparently was dismissed because of the lack of cooperation of the complaining witnesses.”

Huffman also noted that his employment as a probation officer may permit him to be armed.

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Trial starts for man charged in connection with Main Mart slaying

By Lou Grieco | Monday, February 6, 2012, 03:23 PM

DAYTON - Both prosecutors and Antonio Wynn’s defense attorney say that Wynn punched Deonta Beans seconds before his death. They disagree that Wynn was acting in concert with George E. Turner, who shot Beans after Wynn hit him.

“He sucker-punched Deonta Beans in the head and Deonta Beans never even saw it coming,” said assistant Montgomery County prosecutor Jennifer Brumby on Monday. “These two men acted together. He helped George Turner that evening.”

But defense attorney Anthony Cicero said that while Wynn intended to hit Beans, “George Turner for reasons that are his alone, decided to take it to the next step.”

Beans, 20, was beaten and shot Dec. 3, 2010 in the Main Mart convenience store, which is on the 2400 block of North Main Street, near Parkwood Avenue. He died hours later at Miami Valley Hospital.

Wynn is charged with one count, complicity to commit murder. The trial, before common pleas Judge Frances E. McGee, started Monday and is expected to continue through the week.

Turner, 20, was to go on trial this week with Wynn, but he pleaded guilty to murder and tampering with evidence last week. No charges were dismissed, no sentencing date has been set, and Turner has been subpoenaed as a witness in Wynn’s trial, according to court records.

Brumby said that surveillance video, which will be introduced as evidence, shows Wynn walks into the store, followed by Turner. Wynn walks up to Beans and hits him, knocking him backward. Turner pulls out a gun and Wynn hits Beans for a second time before Turner shoots him, she said.

At the time of the attack, Wynn was wearing a glove on his right hand, the one he used to punch Beans, but not one on his left hand, Brumby said.

Wynn was arrested that same evening at his home on the 2600 block of Main, wearing the same clothes as the attacker, Brumby said.

Cicero told the jury the surveillance video would show that Turner did not have the gun out, until after Beans had been assaulted. He said that was evidence there was no prior plan. He also said the video would show Wynn flinching and stopping his attack when Turner shot Beans, showing evidence of surprise.

“He did not in any way expect that George was going to pull out a gun and shoot that person,” Cicero said.

Members of the Southern Ohio Fugitive Apprehension Strike Team, or SOFAST, arrested Turner at a West Cornell Woods Drive apartment Jan. 21, 2011.

Beans’ older brother Jeffrey, 26, was killed Jan. 9, 2011 and his body dumped in an alley near the Paul Laurence Dunbar House. Police said last year they had found no evidence to connect the brothers’ slayings.

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Indiana man convicted of killing U.S. DEA confidential informant

By Lou Grieco | Friday, February 3, 2012, 03:36 PM

DAYTON — An Indiana man accused of killing a U.S. Drug Enforcement Administration confidential informant was convicted of all charges Friday, including aggravated murder, after nearly two days of jury deliberations.

Montgomery County Common Pleas Judge Frances E. McGee gave the case to the jury on Wednesday night, but jurors did not start deliberating until Thursday morning. They broke for the evening, started up about 9 a.m. Friday, then continued until about 2:45 p.m.

McGee set Anthony Croom’s sentencing for Feb. 21.

Croom, 43, of Bunker Hill, Ind., was indicted in October 2010 on one count of aggravated murder, two counts of murder and two counts of felonious assault. All charges relate to the slaying of Anthony Hurd on Aug. 2, 2007 in Englewood.

The jury also convicted Croom of firearm specifications on all five charges.

Hurd’s father Thomas said the verdict made him “ecstatic” but he also said that he hoped that the others involved in the conspiracy would be brought to justice.

“My son wasn’t just killed, he was massacred,” Hurd said. “This is not over. Eventually, we’ll be back here again.”

At the time of his death, Hurd, who was from Richmond, Ind., was in Ohio hiding from three men who had sold him crack cocaine while he was wearing a wire, according to trial testimony. Prosecutors claim Croom was hired to kill Hurd to derail criminal prosecutions of those three men, who are all from Richmond.

“They were facing decades in prison,” assistant county prosecutor Erin Claypoole told the jury Wednesday. “Tony Hurd was the problem. The goal of the plan is simple: eliminate Tony Hurd.”

Those buys were in the summer of 2006. The first involved a Rollie Mitchell, now doing a life sentence in federal prison for knowingly distributing 50 grams or more of cocaine. Federal court documents show that the date of that offense was June 6, 2006, the day of the first buy.

Another man allegedly involved in that drug buy, identified in court as Tyree Smith, was never charged. A man allegedly involved in the second drug buy, on July 17, 2006, Billy Hicks, Jr, is awaiting trial on a drug trafficking charge, according to records filed with the U.S. District Court for the Southern District of Indiana.

Those three men were charged in state court in July 2007, just weeks before Hurd, 24, was shot eight times as he sat in the passenger seat of a Chevrolet Blazer that was in the parking lot of a Sunoco gas station, 1070 S. Main St. A Wayne County (Indiana) Sheriff’s Office detective testified that the charges in state court against Mitchell, Hicks and Smith were dismissed because of Hurd’s death.

Claypoole said that cellular phone records for the different players, including Croom, show a web of phone calls the evening Hurd was killed, with some of the calls coming from Englewood. She said that Croom made at least two phone calls to Hicks, even though Croom testified he did not know him.

She also pointed to the testimony of Lindsey Hoover, an eastern Ohio woman who happened to be in a car parked at the Sunoco when Hurd was killed. Hoover said she picked Croom out of a photo spread and said she would never forget the killer’s eyes.

But defense attorney Scott Calaway said Hoover was wrong about key details, including claiming the killer was wearing a red hat. He said Sunoco surveillance video caught the slaying, and the killer was not wearing a red hat, nor did he run in front of the parked car Hoover was sitting in, as she testified.

Calaway attacked the credibility of two Indiana inmates, who both testified that Croom admitted committing the crime, and a girlfriend of Mitchell, who said she heard that a “Boogie” was hired to kill Hurd. Boogie is Croom’s nickname. Calaway said the men were friends of the Richmond dealers, and that they and the girlfriend, Heather Clark, were purposely feeding bad information to frame Croom while taking suspicion away from Mitchell, Hicks and Smith.

“They fed them a red herring,” Calaway said. “You think they’re not going to feed information to get out of a murder.”

Assistant county prosecutor Dan Brandt said this was ridiculous and noted that questioning Clark “was like pulling teeth.” He also said that the video, which shows the inside of the store though some of the parking lot is visible through glass doors, had plenty of reflections and that the footage did not necessarily contradict Hoover’s testimony.

Last week, Latisha Walker, 32, of West Carrollton, testified that Hurd had been her boyfriend and he told her he was cooperating with the DEA. When she found out that Hurd got another girl pregnant, she spoke with Mitchell, whom she had dated, Hicks and Smith, and told them Hurd wore a wire when purchasing cocaine from them.

They did not believe her accusation, Walker said. In September 2006, she moved to Centerville and a month later, Hurd moved in with her. But after Mitchell, Smith and Hicks were charged, Hurd became paranoid, even sleeping on the couch with his gun underneath it. On Aug. 1, 2007, they fought, she said, because he was told by authorities to keep a low profile, but he kept going out. That night, she said, he left with some friends.

One of those friends, Kraig Rakestraw, 38, testified that, on Hurd’s request, he drove Hurd to Englewood, dropping him off between a Waffle House and a McDonald’s. As he drove off, Rakestraw said, he saw Hurd get into another vehicle. This was in the early hours of Aug. 2, he said.

Hurd was shot while sitting in the Blazer driven by Tiffany Brewer, of Richmond, who was struck by one of the rounds, according to prosecutors. Brewer did not testify during the trial. Prosecutors said Brewer played an integral part of the conspiracy and was in communication with the other players through her cellular phone.

Claypoole said Hurd was probably supposed to be killed at a Motel 6 he tried to check into with Brewer. When his credit card was rejected, a motel employee directed him to an ATM at the Sunoco station.

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Case of confidential informant slaying goes to the jury

By Lou Grieco | Wednesday, February 1, 2012, 05:33 PM

DAYTON — The case of an Indiana man accused of assassinating a U.S. Drug Enforcement Administration confidential informant went to the jury Wednesday evening, after more than a week of testimony.

Montgomery County Common Pleas Judge Frances E. McGee gave the case to the jury at 5:15 p.m. The jurors picked a foreperson, then went home for the night. Jurors will start deliberations Thursday.

Anthony Croom, 43, of Bunker Hill, Ind., was indicted in October 2010 on one count of aggravated murder, two counts of murder and two counts of felonious assault. He is accused of gunning down Anthony Hurd on Aug. 2, 2007 in Englewood.

At the time of his death, Hurd, who was from Richmond, Ind., was in Ohio hiding from three men who had sold him crack cocaine while he was wearing a wire, according to trial testimony. Prosecutors claim Croom was hired to kill Hurd to derail criminal prosecutions of those three men, who are all from Richmond.

“They were facing decades in prison,” assistant county prosecutor Erin Claypoole told the jury Wednesday. “Tony Hurd was the problem. The goal of the plan is simple: eliminate Tony Hurd.”

Those buys were in the summer of 2006. The first involved a Rollie Mitchell, now doing a life sentence in federal prison for knowingly distributing 50 grams or more of cocaine. Federal court documents show that the date of that offense was June 6, 2006, the day of the first buy.

Another man allegedly involved in that drug buy, identified in court as Tyree Smith, was never charged. A man allegedly involved in the second drug buy, on July 17, 2006, Billy Hicks, Jr, is awaiting trial on a drug trafficking charge, according to records filed with the U.S. District Court for the Southern District of Indiana.

Those three men were charged in state court in July 2007, just weeks before Hurd, 24, was shot eight times as he sat in the passenger seat of a Chevrolet Blazer that was in the parking lot of a Sunoco gas station, 1070 S. Main St. A Wayne County (Indiana) Sheriff’s Office detective testified that the charges in state court against Mitchell, Hicks and Smith were dismissed because of Hurd’s death.

Claypoole said that cellular phone records for the different players, including Croom, show a web of phone calls the evening Hurd was killed, with some of the calls coming from Englewood. She said that Croom made at least two phone calls to Hicks, even though Croom testified he did not know him.

She also pointed to the testimony of Lindsey Hoover, an eastern Ohio woman who happened to be in a car parked at the Sunoco when Hurd was killed. Hoover said she picked Croom out of a photo spread and said she would never forget the killer’s eyes.

But defense attorney Scott Calaway said Hoover was wrong about key details, including claiming the killer was wearing a red hat. He said Sunoco surveillance video caught the slaying, and the killer was not wearing a red hat, nor did he run in front of the parked car Hoover was sitting in, as she testified.

Calaway attacked the credibility of two Indiana inmates, who both testified that Croom admitted committing the crime, and a girlfriend of Mitchell, who said she heard that a “Boogie” was hired to kill Hurd. Boogie is Croom’s nickname. Calaway said the men were friends of the Richmond dealers, and that they and the girlfriend, Heather Clark, were purposely feeding bad information to frame Croom while taking suspicion away from Mitchell, Hicks and Smith.

“They fed them a red herring,” Calaway said. “You think they’re not going to feed information to get out of a murder.”

Assistant county prosecutor Dan Brandt said this was ridiculous and noted that questioning Clark “was like pulling teeth.” He also said that the video, which shows the inside of the store though some of the parking lot is visible through glass doors, had plenty of reflections and that the footage did not necessarily contradict Hoover’s testimony.

Last week, Latisha Walker, 32, of West Carrollton, testified that Hurd had been her boyfriend and he told her he was cooperating with the DEA. When she found out that Hurd got another girl pregnant, she spoke with Mitchell, whom she had dated, Hicks and Smith, and told them Hurd wore a wire when purchasing cocaine from them.

They did not believe her accusation, Walker said. In September 2006, she moved to Centerville and a month later, Hurd moved in with her. But after Mitchell, Smith and Hicks were charged, Hurd became paranoid, even sleeping on the couch with his gun underneath it. On Aug. 1, 2007, they fought, she said, because he was told by authorities to keep a low profile, but he kept going out. That night, she said, he left with some friends.

One of those friends, Kraig Rakestraw, 38, testified that, on Hurd’s request, he drove Hurd to Englewood, dropping him off between a Waffle House and a McDonald’s. As he drove off, Rakestraw said, he saw Hurd get into another vehicle. This was in the early hours of Aug. 2, he said.

Hurd was shot while sitting in the Blazer driven by Tiffany Brewer, of Richmond, who was struck by one of the rounds, according to prosecutors. Brewer did not testify during the trial. Prosecutors said Brewer played an integral part of the conspiracy and was in communication with the other players through her cellular phone.

Claypoole said Hurd was probably supposed to be killed at a Motel 6 he tried to check into with Brewer. When his credit card was rejected, a motel employee directed him to an ATM at the Sunoco station.

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Permanent injunction approved against Centerville businessman accused of securities fraud

By Lou Grieco | Wednesday, February 1, 2012, 11:25 AM

DAYTON — A permanent injunction has been approved against a Centerville businessman and his three companies, all accused of securities fraud by the Ohio Department of Commerce.

Both the preliminary and permanent injunctions were approved Tuesday and signed by Montgomery County Common Pleas Judge Mary Wiseman. Those injunctions, prohibit Wayne T. Essex and his companies from:

• selling or offering to sell securities in violation of the Ohio Securities Act • selling or offering to sell securities without prior approval of the court • engaging in any deceptive, fraudulent or manipulative act

The affected companies are Essex And Associates, Inc., in Dayton, Essex HR & Associates, Inc. in Beavercreek and HR Reconciliation, LLC in Dayton, according to the commerce department.

In December 2011, Judge Wiseman issued a temporary restraining order against Essex and his companies. Wiseman also appointed local attorney James Swaim as receiver, who will work to recover Essex’s business assets for distribution as approved by the court.

The Division of Securities initiated the action based on allegations that Essex sold promissory notes in the Dayton Small Business Capital Fund, which he told investors would be invested in Dayton-area small businesses. Twenty investors purchased approximately $1.1 million in the fraudulent investment between July 2010 and November 2011. The state charges that Essex never made loans to or investments in small businesses with the money, according to court records.

The Division’s investigation found that Essex sold securities without a license, sold unregistered securities and engaged in securities fraud. The Division also found that Essex commingled investor funds with his business and were used to support his personal lifestyle, including out-of-state travel, according to the court records.

Essex did not tell investors that he was not licensed to sell securities and that the securities were not properly registered. Essex told investors that their funds were guaranteed and that they would receive annual returns of five, seven or 10 percent - with higher rates to those who invested larger dollar amounts, according to the commerce department.

Essex said in December that he was “disappointed and a bit dismayed” by the commerce department’s position. He said that earlier that month, after state officials approached them, company officials began the steps to properly liquidate the fund.

“The majority of investors have already received all of their initial investments, with the full amount of interest promised,” Essex said. “Any remaining investors have received the significant majority of their initial investment, and we expect that in the very near future, once all liquidation efforts are complete, every investor will receive not only their initial principal investment, but all promised interest as well.”

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