The grand jury’s job is to listen to evidence and determine if there is probable cause that a crime was committed. They are not triers of a person’s guilt, and the evidence is limited, so grand juries are not asked to find whether a person committed a crime “beyond a reasonable doubt” as trial juries do.
Man released from jail after no indictment in fatal stabbing
A Middletown man charged in the stabbing death of 41-year-old Carlton Brock in July during a dispute on Arlington Avenue was released from jail earlier this month after a grand jury declined to indict him on a murder charge.
Kenneth Roesch, 36, was charged with murder for allegedly stabbing Brock after an altercation. His case was sent by Middletown Municipal Court Judge James Sherron for grand jury consideration after a preliminary hearing.
On Wednesday, the case was “no billed,” according to court records.
Middletown Police Maj. Scott Reeve said Roesch claimed self-defense in the altercation, calling 911 within minutes saying he had to stab someone because he was being choked. He added one of the witnesses said Brock approached Roesch.
“But we had some problems with how quickly he (Roesch) resorted to deadly force in a fist fight … it was quick,” Reeve said.
In the 6-minute, 39-second 911 call, Roesch told dispatchers he had to defend himself.
“A guy attacked me,” he said. “I stabbed him once or twice to get him off me.”
Butler County Prosecutor Michael Gmoser said while he can’t say what happened at grand jury because procedures are secret by law, he does know the case well and it is about who was the aggressor.
Gmoser said evidence shows Brock left a “zone of safety” to engage Roesch.
“When you are engaged in mutual combat and you are the aggressor, because he left a zone of safety to get wrapped up with a guy rolling around on the ground, bad things will happen,” Gmoser said.
No indictment in fatal crash, but case going back to grand jury when test results received
Last month, a Butler County grand jury declined to indict a man on multiple felony charges stemming from a fatal Middletown crash.
Timothy Villano, 26, of the 1400 block of Villa Court, who Middletown police say is the at-fault driver in the fatal May crash, was charged with aggravated vehicular assault, a third-degree felony, OVI, fleeing the scene, reasonable control and display of license plate.
A grand jury returned a “no bill” on all charges against Villano, who had been incarcerated since the May 18 crash.
Gmoser said the case will go back to the grand jury for presentation when all the evidence has been received.
“We don’t have the lab reports back that are necessary and vital to this case,” Gmoser said.
Roy Stidham, 49, of Middletown, died a few days after the crash at Verity Parkway and Hughes Street, according to his family and hospital officials.
The Honda Odyssey driven by Villano was found to have lost control and spun, striking a 1994 Ford truck driven by Stidham, a police report read. Stidham was ejected from his truck and was flown by medical helicopter to Miami Valley Hospital.
Despite the lack of indictment, Villano remains housed in the Butler County Jail on two probation violations.
Three suspect released in Middletown homicide after no grand jury indictment
In March, three people charged in a December fatal shooting in Middletown were not indicted by a grand jury. Charges were also dropped against a fourth suspect not in custody after the no bill was returned.
Four suspects, including a 17-year-old teen, where charged by Middletown police with aggravated murder and participating in a criminal gang for the Dec. 14 murder of Benny Barefield while he sat in his car at Ninth Avenue and Yankee Road.
Gmoser said the case remains open and can be represented to a grand jury if additional evidence developed.
The grand jury is independent from police agencies and prosecutors, Gmoser said
“They are entitled to make their own decision, and those decision are what guide the prosecution of cases,” he said. “The grand jury decided at this time in history there was insufficient evidence that rose to a level of at least probable cause with admissible evidence to proceed to a trial. But that does not mean that the case is over. I would rather have this happen now, (rather) than acquittal on evidence that was insufficient to convict.”
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