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Thursday, February 26, 2009
Judge Frances E. McGee ‘pins’ Kelley in ‘Cookie Caper Case;’ calls it ‘classic example of a mountain being made out of molehill’
CENTERVILLE SPENDS $4,000-PLUS
OVER A $1.30 PACKAGE OF COOKIES
I, Chick Ludwig, author of the “Ludwig At Large” blog and Cincinnati Bengals beat writer for the Dayton Daily News, have written stories about NFL players getting tossed in the hoosegow for carrying concealed weapons.
But I had never heard of a high school student-athlete getting arrested for carrying concealed cookies — until this week.
Centerville High School’s 140-pound sophomore wrestler Dillon Kelley, accused of cookie theft on Feb. 10, had the audacity of going through the school cafeteria lunch line with four items — Gatorade, bread sticks, marinara sauce and cookies — and getting charged for only three.
It takes a Ringling Bros. and Barnum & Bailey Circus juggler to negotiate the register area at Centerville.
The estimated $4,000-plus Centerville City School has paid out in legal fees to Dayton law firm Cooper & Gentile Co. — over a $1.30 stack of three cookies, wrapped in cellophane — should have been invested in trays for the school cafeteria.
Then this whole mess could’ve been avoided.
JUDGE FRANCES E. McGEE’S RULING
“While this case is a classic example of a mountain being made out of molehill, the law is clear. Regrettably this Court is not in a position to make any factual determinations. Neither does this Court have jurisdiction in regard to co-curricular activities. Based on the foregoing, School Defendants’ Motion to Dissolve Temporary Restraining Order is GRANTED.”
READ JUDGE FRANCES E. McGEE’S ENTIRE COURT DOCUMENT ON THE “JUMP PAGE” OF “LUDWIG AT LARGE” (CLICK ON LINK BELOW):
http://www.daytondailynews.com/blogs/content/shared-gen/blogs/dayton/chickludwig/
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Centerville Diver Claims Gold At State
Centerville High School senior diver Molly Elkins captured the gold at the Division I state high school diving championships in Canton Thursday afternoon.
Elkins accumulated 401.90 points in the one-meter springboard competition to edge Taylor Anderson of Upper Arlington (399). She had won the sectional and district titles leading up to the state. In 2008, Elkins finished third at state.
“It’s exciting and a big relief,” Elkins said. “I was calm and confident going into the meet, thanks to my coaches and teammates. I didn’t flip out or bomb any of my dives. I was neck and neck with Taylor. She brought the best out in me.”
Elkins strives for a rip entry (a low-splash slip into the water).
“It’s definitely a rush,” said Elkins, who is probably headed to the University of Masschusetts as a diver.
Said Elks diving coach Alice Licata: “Molly was amazing under pressure and nailed her dives (there are 11 dives — five optional and six required). The competition was tight and she delivered in a big way. Molly has a great degree of difficulty (DD) in her list of dives and she’s consistent. What impresses the judges is her dives from the pike position.”
Teammate Morgan Mullins placed 12th. The diving results will bolster the Elks in the swimming competition. They are aiming for a top-three finish.
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‘Cookie caper’ case to be decided today
CENTERVILLE WRESTLER’S FATE
IN HANDS OF JUDGE McGEE
HE WON’T COMPETE AT DISTRICTS
IF RESTRAINING ORDER IS DISSOLVED
Will Centerville High School sophomore Dillon Kelley get to wrestle in the Division I district tournament on Friday and Saturday, Feb. 27-28, at Fairfield High School?
We’ll find out today, Thursday, Feb. 26 — the eve of the meet.
His fate is in the hands of Montgomery County Common Pleas Court Judge Frances E. McGee.
She’s expected to render a decision today regarding a temporary restraining order that will either prolong Kelley’s wrestling season or end it.
In a meeting that lasted nearly 30 minutes, Judge McGee heard arguments from Kelley’s lawyer, Matthew DiCiccio, and Centerville High School’s attorney, Janet Cooper.
Kelley, 16, is accused of stealing a $1.30 package of cookies from the Centerville cafeteria on Feb. 10. He served a one-day, out-of-school suspension on Feb. 11, and was also dealt a one-match suspension — the Feb. 21 sectional meet — which he decided to fight in court.
Judge Mary K. Huffman granted a temporary restraining order against the school on Friday, Feb. 20. Kelley wrestled a day later, finishing fourth in the 140-pound weight class at the Centerville 1 sectional, which qualified him for the district meet.
Kelley, with a 30-13 record, is scheduled to face Glen Este’s Tommy Fehring (33-3) on Friday. The alternate is Dylan DeWeese of Miamisburg.
On Monday, Centerville High School filed a motion asking the court to dissolve the temporary restraining order.
“I’ll really feel for this kid if it gets dissolved,” DiCiccio said. “I’m passionate about it. I’ve yet to come across a person that finds the kid has been treated fairly. I’ve yet to have somebody say that to me. It’s just really sad.”
In a Feb. 20 letter to Kelley and his parents, which addressed his appeal, Centerville principal Eileen Booher decided “to uphold the sanction that Dillon be suspended from the next wrestling event (Feb. 21),” saying she believed the testimony of the cashier and security guard.
“Dillon Kelley approached the cash register … with a Gatorade under his arm, cookies in the palm of his hand concealed from (the cashier’s) sight by a bag of Bosco sticks,” Booher wrote. “He had money in his right hand. (The cashier) did not see the cookies and Dillon Kelley did not tell her that he had them, and he left cash register’s area without paying for them. It is the student’s responsibility to insure that all food items taken from the cafeteria are paid for. Dillon Kelley did not do that.”
Contact this reporter at (937) 225-2253 or cludwig@DaytonDailyNews.com
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