Saturday, October 12, 2002

Tristate A.M. Report

School closure sought

The Ohio Attorney General's office filed a motion Friday in Hamilton County Common Pleas Court to halt operations of a Mount Auburn charter school.

The attorney general's office asked the court to issue a temporary restraining order against the school, which was formerly was named Sabis International School. The school opened Sept. 30 without state approval, according to state officials.

“They were not authorized by the Ohio Department of Education to open a school and the order asks that the court order the school not to spend any more state money,” said Kristie Kosdrosky, spokeswoman for the attorney general's office.

Officials for the school could not be reached.

A hearing is scheduled for 3 p.m. Tuesday.

Man guilty of stalking

A 45-year-old Clermont County man, who is designated a sexual predator, was found guilty Friday of stalking a 16-year-old boy he saw in a restaurant.

Hamilton County Common Pleas Judge Ann Marie Tracey found David B. Tyler guilty Friday following a bench trial. He is scheduled for sentencing Nov. 20.

Prosecutors said he passed at least one note to the teen in the Mariemont restaurant where the boy worked and called him repeatedly between January and March.

The Miami Township man was released from prison in January after serving 19 years for rape.

The Terrace Park teen testified Tuesday that he feared for his safety. He said Mr. Tyler told him he was interested in him for “some kind of art thing.”

Defense attorneys argued that Mr. Tyler did nothing wrong and that his communications with the teen were harmless.

Alcohol sold to minor

MIDDLETOWN — Five retailers are in trouble for selling alcohol to a minor in an underage-alcohol sales sweep city police conducted Thursday.

Middletown police said they sent a 19-year-old boy into 10 establishments, instructing him to tell the truth about his age and provide identification if asked. Half of the outlets did not sell alcohol to him; the other five did.

Police said they arrested clerks who made the illegal sales at: Alfey's Drive-Thru, 622 S. Breiel Blvd.; Sunoco, 2401 Cincinnati-Dayton Road; Mosaics Bar, Ramada Inn, 6147 Ohio 122; Mid- Town Drive-Thru, 2000 Central Ave.; Shell Gas Station, 2411 N. Verity Pkwy.

The clerks were charged with sales of alcohol to minors, a first-degree misdemeanor.

Murder charges dropped

Hamilton County prosecutors have dismissed murder charges against a 28-year-old man after the only witness in the case gave conflicting statements about the crime.

Germine L. Miller was accused of killing Eamond Ellis on April 19.

Prosecutors dismissed murder charges against him Thursday.

Mr. Ellis was found shot to death inside a building in the 1600 block of Central Avenue.

Mr. Miller's attorney, Kenneth Lawson, said he filed a motion to suppress evidence against his client and in questioning the witness it was discovered that his statements differed from statements he'd made before the grand jury that indicted Mr. Miller.

Mr. Lawson praised prosecutors for recognizing that the evidence did not support the charges.

“This is a case that does show that the assistant prosecutor did what she was supposed to do and that the system does work. ...What they did in this case is commendable,” he said.

Sentence vacated

The Ohio 1st District Court of Appeals on Friday vacated the sentence of a 23-year-old Colerain Township man who pleaded guilty to splashing five people — including his mother — with sulfuric acid.

The court determined that Jeremy Pelphrey should have a hearing on his request to withdraw his guilty pleas.

Mr. Pelphrey in December allegedly splashed acid on people at a party, including his mother. The victims suffered serious injuries and permanent disfigurement.

After being convicted, he was sentenced to 16 years in prison.

Man faces sex charge

A 33-year-old Newark, Ohio man was arrested Friday after allegedly trying to solicit sex over the Internet from a 14-year-old girl.

Detectives with the Regional Electronic and Computer Investigations (RECI) unit picked up Marc T. Anthonyin a parking lot in Sycamore Township.

RECI Det. Rick Sweeney posed as a 14-year-old girl on the Internet and engaged in conversations with Mr. Anthony for two weeks. During those conversations Mr. Anthony allegedly propositioned the girl for sex and allegedly asked to meet her in the parking lot where he was arrested.

Mr. Anthony has been charged with one count of attempted unlawful sexual conduct and two counts of importuning.

He is being detained in the Hamilton County Justice Center.

Smoke preceded crash

WEST CARROLLTON, Ohio - A puff of smoke was seen coming from one of a small plane's engines before it crashed into a residential neighborhood Oct. 2, killing the pilot, a federal safety agency said Friday.

Carl Bernardi, 65, of Easton, Md., died in the fiery crash, which damaged two homes and a parked car in this western Ohio city just south of Dayton.

According to a preliminary report by the National Transportation Safety Board, a witness who watched the twin-engine plane take off from nearby Moraine Airpark said the engines sounded like they were running well, but not like they were developing full power.

As it took off, the plane cleared a levee at the end of the runway by only a few feet, the NTSB said.

The witness said the plane climbed about 120 feet and banked to the left, when “a faint puff of black smoke was observed coming from the engine.”

As the bank continued, the airplane went into a near vertical dive, the report said.

No one on the ground was injured.

Plan for complex OK'd

CANTON - The House of Representatives has approved a $12 million plan to build an Army Reserve center in suburban Lake Township.

Rep. Ralph Regula, R-Ohio, second-highest-ranking Republican on the House Appropriations Committee, said Thursday that the 77,000-square-foot complex will include a training building, a vehicle maintenance shop and a warehouse.

Classrooms, administrative areas, a library, a learning center, an assembly hall and a storage center for six Army Reserve units will be part of the center planned for the AkCan Industrial Park. The land already is owned by the Army Reserve.

“Given the new challenges to national security, we need to provide our fighting men and women with the best possible equipment and training to protect this nation,” Mr. Regula said.

The funding will be final once approved by the Senate and President Bush. Construction probably would start 12-to-18 months later.

— Compiled from staff and wire reports

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