The Prosecutor newsletter from Mat Heck, Jr. Prosecuting Attorney
Dayton-Montgomery County Courts Building, P.O. Box 972, 301 W. Third St., Dayton, OH 45422 (937) 225-5757 Fall 2017
Prosecutor Successful in Closing Harrison Township Nuisance State, ex.rel. Mathias H. Heck, Jr. v. Catering Gold, LLC, et al., 2017-CV-04526
On September 28, 2017, the Civil Division of the Montgomery County Prosecutor’s Office suc- cessfully obtained an ex parte temporary restraining order on a property at 5825 North Dixie Drive, in Harrison Township. The property was being operated as The Harem, an adult entertainment es- tablishment, owned by Catering Gold, LLC. At the same time the motion for a temporary restraining order was filed, we also filed a Nuisance Abatement Complaint and a Motion for Temporary Injunc- tion. The goal was to have The Harem declared a public nuisance and a finding that the continued operation of The Harem endangers the safety of the community. We sought to have the property closed for at least one year.
Leading up to the filing of the motions, an undercover investigation was conducted by the Ohio Department of Public Safety’s Ohio Investigative Unit from January of 2017 until September, 2017. During the investigation, undercover agents witnessed a number of liquor violations, including danc- ers in states of full nudity. They also witnessed illegal drug transactions including the sale of meth- amphetamines, heroin, cocaine, fentanyl, carfentanil, and oxycodone. The agents conducted con- trolled drug buys from a number of individuals and observed the trading of Electronic Benefit Trans- fer (EBT) cards (food stamps) in exchange for sex acts, lapdances, and illegal drugs. The undercov- er agents were propositioned for sex and witnessed prostitution transactions. Over the nine-month investigation, in nearly every occasion when the agents were there, they observed illegal activity.
After a number of days of testimony detailing the on-going problems at The Harem, on October 31, 2017, Common Pleas Court Judge Dennis Adkins sustained our motion and ordered the closing of the property for a period of one year, the longest amount of time allowed under Ohio law.
Prosecutor Heck commented, “The residents of Harrison Township are frustrated and angry about the illegal activity being conducted in their community. They have the right to be concerned. They also have the right to live in a safe and crime free community and not have drug dealers and prostitutes freely conducting illegal activity. We have worked closely with the investigators as well as others, including the township trustees and residents in Harrison Township, to identify those proper- ties that are a blight on the community and continue to allow illegal activity. We will continue to work and take action against ANY business or property that is a chronic nuisance and risks public safety.”
The Montgomery County Prosecutor’s Office has taken similar action on other businesses in Harrison Township in the past. In 2005, we closed the Parkway Inn at 2221 Wagoner Ford Road due to numerous criminal arrests including for illegal drugs, prostitution, and a homicide. That prop- erty has since been demolished. In 2007, we closed two rental properties on Nottingham Road for one year because the property owner permitted chronic illegal drug activity and prostitution to occur there. In 2009, we closed the North Plaza Inn on North Dixie Drive. That business remains closed, and the property is for sale. (See “Eleven Indicted” on page 2 for related story) The Prosecutor Fall 2017
Eleven Indicted for Criminal Activity at The Harem
On Thursday, September 28, 2017 the Montgomery County Grand Jury indicted 11 defendants for criminal activity occurring at The Harem, 5825 North Dixie Drive, Harrison Township, Ohio.
Between January 2017 and September 2017, an extensive investigation was conducted by the Ohio Investigative Unit (OIU) of the Ohio Department of Public Safety into illegal activity occurring at the location, including prostitution, illegal drug trafficking, and illegal use of food stamps.
Those indicted included:
Samantha Clay, age 29, of Dayton, on counts of Trafficking in Cocaine, Aggravated Trafficking in Drugs, Trafficking in Heroin, Illegal Use of Supplemental Nutrition Assistance Benefits, Illegal Sexual Activity in a Sexually Oriented Business, and Engaging in a Pattern of Corrupt Activity.
Samantha Childers, age 30, of Huber Heights, on counts of Trafficking in Heroin, Trafficking in Cocaine, Aggravated Trafficking in Drugs, Illegal Use of Supplemental Nutrition Assistance Ben- efits, Possession of Heroin, Possession of Cocaine, Aggravated Possession of Drugs, and Illegal Sexual Activity in a Sexually Oriented Business.
Kayla Olivia Hatton, age 21, of Dayton, on counts of Trafficking in Cocaine, Trafficking in Mariju- ana, and Illegal Sexual Activity in a Sexually Oriented Business.
Anna Barnes, age 26, of Piqua, on counts of Trafficking in Marijuana, and Illegal Sexual Activity in a Sexually Oriented Business.
Sarah Barnes, age 27, of Piqua, on counts of Trafficking in Marijuana, and Illegal Sexual Activity in a Sexually Oriented Business.
Melvin Bibbs, age 58, of Dayton, on counts of Trafficking in Marijuana.
Vanessa Graham, age 29, of Englewood, on counts of Aggravated Trafficking in Drugs, and Ille- gal Sexual Activity in a Sexually Oriented Business.
Ryan Perry, age 32, of Tipp City, on a count of Aggravated Trafficking in Drugs.
Ciera Chastain, age 24, of Dayton, on counts of Trafficking in Cocaine, and Illegal Sexual Activity in a Sexually Oriented Business.
Jennifer Rowland, age 32, of Springfield, on counts of Trafficking in Cocaine, and Illegal Sexual Activity in a Sexually Oriented Business.
Aaron Crenshaw, age 29, of Dayton, on counts of Trafficking in Cocaine, Aggravated Trafficking in Drugs, Illegal Use of Supplemental Nutrition Assistance Benefits, and Engaging in a Pattern of Corrupt Activity.
Arrest warrants were issued for all 11 defendants. As of press time, all defendants have been arrested except for defendants Clay, Perry, and Rowland.
2 The Prosecutor Fall 2017
Prosecutor Heck and Investigator Smoot Featured on WDTN
On Tuesday, August 22, 2017, Prosecutor Heck and Prosecutor’s Investigator Kerry Smoot were interviewed by WDTN Channel 2/WBDT Dayton’s CW’s Brooke Moore about keeping children safe while online, as part of their CyberSafe Parent Program.
Recognizing that parents often have a difficult time monitoring their children’s online activities, an online program, called the CyberSafe Parent Program was launched. There, parents can learn about some of the dangers children and teens face, from online sexual predators, to sexting and scams. Parents can also learn about smartphone safety, and ways they can help to prevent some online activity, such as sexting. It was important to include the Montgomery County Prosecutor’s Office, as we are the local agency participating in the Ohio Internet Crimes Against Children Task Force. Investigator Smoot has received special training in investigating internet crimes that target children and teens, especially in cases of child pornography.
Prosecutor Heck also wanted to remind everyone that once something is on the internet, it is available virtually forever. Posting a comment or explicit photo can have consequences far beyond what many teens ever consider. In addition to possibly being prosecuted for a sex crime, social me- dia history and comments made and photos shared can even affect future employment opportunities or admission to college.
The CyberSafe Parent Program is online at www.wdtn.com/category/cybersafe-parent-program/
ArriveSafe to Offer Free Cab Rides Over Thanksgiving Weekend
Since December, 2007, Prosecutor Heck’s ArriveSafe Program has provided nearly 6,000 free cab rides home for Montgomery County residents who may be impaired and should not be driving. The program is paid for through money seized from drug dealers, and generous donations from Hei- delberg Distributing Company and AAA Miami Valley - no tax payer money is used!
This year, the ArriveSafe Program will be offering free cab rides home for Montgomery County residents from 6:00 p.m. Wednesday, November 22nd through 6:00 a.m. Sunday, November 26th. We will pay for the cost of the ride, up to $50! To request a ride during the Thanksgiving weekend, just call 937-449-9999. Prosecutor Heck says, “The life you save may be your own!”
3 The Prosecutor Fall 2017 Prosecutor Heck Addresses 106th Graduating Class of the Dayton Police Academy
On Thursday, August 31, 2017, Prosecutor Heck was honored to speak to the newest Dayton Police Officers at their graduation ceremony from the Dayton Police Academy.
Mr. Heck congratulated the graduates, and reminded them of the personal satisfaction they can receive from serving the public.
“Being a police officer is a lot of things,” Heck commented. “If you do it right, it will reward you in ways beyond your expectations. You will feel it when you respond to a domestic violence call, a rob- bery, or home break-in, and see the look of relief on the face of the victim, because you are there for them. You will feel it every time you put on your uniform and go to work for the citizens of our com- munity. You will feel it when a person realizes that, despite what they might have expected, you treated them fairly and with dignity and respect.”
In closing, Prosecutor Heck added, “It takes a special person to do what you’re about to do, and I respect and thank you for it.”
All Dayton Police Officers attend the Dayton Police Academy. The training program lasts ap- proximately six months. The recruits attend the academy from 8:00 a.m. until 5:00 p.m. Training covers extensive topics and skills, including Ohio Revised Code statutes, firearms, pursuit driving, physical control techniques, and more. Over the six month training program, the recruits receive more than 1,000 hours of professional instruction. The Dayton Police Department was established in 1867, and was the third police department formed in the state of Ohio.
4 The Prosecutor Fall 2017
Prosecutor’s Office Staff News
On August 16, 2017, Assistant Prosecutor Erin Claypoole was promoted to the Violent Crimes Bureau (VCB) of the Prosecutor’s Office. The VCB handles the prosecution of homicide and other high profile cases in Montgomery County.
Erin graduated form the University of Pittsburgh in Pittsburgh, Pennsylvania in 1994, majoring in Applied Mathematics and Psychology. She received her law degree from The Ohio State University College of Law in 1997. Erin joined the prosecutor’s office in January of 1998.
On August 17, 2017, Assistant Prosecutor Kelly Madzey was promoted to Criminal Trial Super- visor in the Criminal Division of the Prosecutor’s Office. As Criminal Trial Supervisor, Kelly will su- pervise the Assistant Prosecuting Attorneys handling criminal dockets in Common Pleas Court as well as the APAs assigned to the Child Abuse Bureau (CAB) of the Prosecutor’s Office. The CAB is located at the local children’s advocacy center, CARE House.
Kelly graduated from the University of North Dakota, in Grand Forks, North Dakota in 2002, ma- joring in Criminal Justice. In 2005, she received her law degree from the University of North Dakota School of Law. Kelly joined the prosecutor’s office in May of 2008.
On September 8, 2017, Assistant Prosecutor Ann Gramza was promoted to Supervising Attor- ney of the Intake/Grand Jury Section of the Prosecutor Office. Ann will supervise the Assistant Prosecutors presenting criminal cases to the Montgomery County Grand Jury as well as the Assis- tant Prosecutors handling Preliminary Hearings in Municipal Court. She will also be the primary As- sistant Prosecutor responsible for reviewing cases presented by law enforcement for felony criminal charges.
Ann received her undergraduate degree from Miami University in Oxford, Ohio in 1997, majoring in Diplomacy and Foreign Affairs, with a minor in Economics. In 2000, Ann received her law degree from The Ohio State University College of Law. Ann was with the prosecutor’s office from April 2005 until March 2013, then worked for the Juvenile Court, and returned in September, 2016.
On August 31, 2017, Assistant Prosecutor Natasha Newberry was assigned to the Child Abuse Bureau of the Prosecutor’s Office. Natasha will prosecute felony child abuse cases, including physi- cal and sexual abuse cases, for which the victim is less than 13 years old, or when the victim is 13- 18 years old and the offender is a family or household member, or when the victim is up to 21 years old and is mentally or physically handicapped.
Natasha received her undergraduate degree in Criminal Justice in 2004 from Bowling Green State University in Bowling Green, Ohio. She received her law degree in 2008 from the Salmon P. Chase College of Law, in Cincinnati, Ohio.
On August 1, 2017 Joshua Shaw was sworn in by Prosecuting Attorney Mat Heck, Jr. as an as- sistant Montgomery County Prosecuting Attorney. Joshua is assigned to the Intake/Grand Jury sec- tion of the Prosecutor’s Office.
Joshua received his undergraduate degree from the Case Western Reserve University in 2007, majoring in Political Science and Economics. In 2010, he received his law degree from the Wash- ington and Lee University School of Law, in Lexington, Virginia. Previously, Joshua was a City of Dayton Assistant Prosecutor, serving in that capacity for three and one-half years.
5 The Prosecutor Fall 2017
Prosecutor’s Office Staff News (Con’t)
On September 7, 2017, Kayla Burkett was promoted to the position of Records and Evidence Manager of the Prosecutor’s Office. As Records and Evidence Manager, Kayla will be responsible for maintaining all criminal case files and logging and documenting the chain of custody of all physi- cal evidence.
Kayla received her Associates degree in Business Administration from Sinclair Community Col- lege in 2017. She joined the prosecutors office in March, 2017.
Office Staff Updates
The following are staff additions since our last newsletter:
DATE NAME POSITION AND ASSIGNMENT 8/1/17 Joshua T. Shaw Assistant Prosecutor, Intake/Grand Jury Section 9/19/17 Dylan Weaver Legal Secretary, Intake/Grand Jury Section 10/10/17 Reagan Willis Office Messenger 10/30/17 Emily Kleiner Legal Secretary, Child Protection Unit 10/30/17 Nate Dodd, Jr. Legal Secretary, Case Management Section
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