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Monday, February 6, 2012
Former Dayton probation officer pleads guilty to seven felonies related to embezzlement
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.
TweetTrial starts for man charged in connection with Main Mart slaying
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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