Brown County Press

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THE BROWN COUNTY PRESS Serving Brown County, Ohio since 1973

Vol. 37 No. 51

Sunday, August 1, 2010

Witness testifies as Hensley death penalty case moves forward BY Wayne Gates The Brown County Press For the second week in a row, a key witness has testified in a Brown County death penalty case. 79 year old Robert Short of Sardinia took the witness stand on July 29 in the aggravated murder case against Joseph Hensley. Short testified last week in the case against Dallas Tincher, who also faces the death penalty. Tincher is accused of paying Hensley to kill John

Carpenter of Aberdeen last April. Brown County Prosecuting Attorney Jessica Little wanted the testimony of Short to be on the record in case he was unavailable to testify at Hensley’s trial in March of 2011. Short will turn 80 years old October 31st. His testimony was recorded on audio and video tape. Brown County Assistant Prosecutor Chris Van Harlingen began questioning Short after he was sworn in. After asking Short about his

work history and where he lived, Van Harlingen asked Short if he ever held yard or garage sales at his home. Short then described some of the items he sells, including glassware and knick-knacks. Van Harlingen then asked if Short also sells guns. “I have a collection (of guns) and if I want to sell one, I will”, Short answered. Van Harlingen then asked if Short recalled two gentlemen coming to his home last April looking for a gun. Short answered yes. “Did you know either one

of them?”, Van Harlingen asked. “Yes, I knew one. His name was Joe.”, Short replied. “Is Joe here in the courtroom?”, asked Van Harlingen. “Yes, he’s sitting right over there”, Short replied, pointing a finger at Hensley who was sitting at the defense table. Common Pleas Judge Scott Gusweiler then said “Let the record reflect that the witness has identified the defendant.” CONTINUED ON PAGE 9

Ripley deaths ruled Methadone overdose BY Wayne Gates The Brown County Press

Michael Waits

Woman sentenced to three years for two counts of felony theft BY Wayne Boblitt The Brown County Press A Mt. Orab woman was sentenced on July 23 in Brown County Common Pleas Court to three years in prison for her reported roles in stealing thousands of dollars from an elderly man and the Girl Scouts of America. Donya R. Waits, 35, whose address was reported by Brown County Sheriff Dwayne Wenninger as being 16080 U.S. 68, had entered a guilty plea in that court on July 7 to two counts of theft, one being a third-degree felony and the other being a fourth-degree felony. Mrs. Waits' third-degree felony count was theft from an elderly person or disabled adult. A Brown County grand jury had indicted her this past March on that count for an offense that reportedly occurred between June 1, 2009, and Dec. 15, 2009, in Brown County. Grand jurors stated they had found Mrs. Waits between those dates had knowingly obtained and exerted control over $5,000 to $25,000 in currency belonging to an identified victim, who was described as being an elderly person or disabled adult. Wenninger reported she and her husband, Michael A. Waits, were able to deceive the reported victim, whose age was listed as 76, of approximately $26,500 under the pretense they were waiting on a large inheritance to be processed by their attorney and were going to pay the victim back. In exchange for her plea to the third-degree theft offense, the State of Ohio dropped two fourth-degree felony counts with which Mrs. Waits also had been indicted concerning that same victim and that same time span. Those counts were misuse of credit cards and unauthorized use of a motor vehicle. Mrs. Waits' fourth-degree

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Index Classifieds ..Pages 19, 20 Court News......Page 16 Death Notices.........Page 7 Education .......Pages 8, 15 Opinion ..............Page 4 Social..................Page 8 Sports .......Pages 13, 14

Where to find us www.browncountypress.com Phone (937) 444-3441 Fax (937) 444-2652 219 South High St. Mt. Orab, OH 45154 bcpress@frognet.net

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felony theft plea concerned a bill of information filed in Brown County Common Pleas Court rather than an indictment and involved the theft of $8,256.50 of Girl Scout cookie money. That bill of information stated Mrs. Waits on or about Jan. 8 to on or about June 9 of this year knowingly obtained and exerted control over currency and/or retail merchandise with the purpose to deprive the Girl Scouts of Western Ohio of that property without the consent of the owner or person authorized to give consent. According to Wenninger, Mrs. Waits reported her child had sold 2,359 boxes of Girl Scout cookies this past January, but while Mrs. Waits had received the cookies, she never paid the Girl Scouts for them. Brown County Common Pleas Court Judge Scott Gusweiler sentenced Mrs. Waits to two years in prison on the third-degree felony theft count and one year on the fourth-degree felony count with those two sentences to be served consecutively for three years altogether. She also was ordered to pay $31,000 in restitution to the 76year-old man and $8,256.50 to the Girl Scouts of Western Ohio, who has a Cincinnati address. Mrs. Waits also was ordered on each count to pay court costs plus a $250 public defender's fee. In a July 27 telephone interview, Brown County Prosecuting Attorney Jessica Little said her office had requested Mrs. Waits be sentenced to six months in prison for her pleas, but added it was totally within Gusweiler's purview to hand her a longer sentence. Little said she was satisfied with the sentence. Michael Waits also had been indicted on one count each of third-degree felony theft and fourth-degree felony counts of misuse of credit cards and unauthorized use of a motor vehicle in connection with the offenses reportedly committed against the 76-year-old man. Mr. Waits pleaded guilty on July 7 to the third-degree felony theft count, and in exchange, the two fourth-degree counts were dropped. Mr. Waits is scheduled to be sentenced on the theft count at noon this Tuesday, Aug. 3. The prosecutor said her office would like for the victims of the crimes to be given restitution. She said her office planned to recommend Mr. Waits be sentenced to community control, formerly known as probation, so he may work toward making that restitution.

Georgetown may charge double utility rates for non-residents served BY Wayne Boblitt The Brown County Press Water, sewer and garbage collection non-resident customers served by the Village of Georgetown may soon pay double the rate of those utilities and services that village residents pay. Georgetown Village Council members at their regular meeting July 22 heard first reading of an ordinance to increase the surcharge to non-residents for whom Georgetown provides water, sewer and garbage collection services. A stated reason in the ordinance for the surcharge increase is to encourage nonresidents served by Georgetown to seek annexation into the village. The new water and sewer rates for non-residents if the ordinance eventually is adopted will include a 100 percent surcharge added to the minimum monthly rates and charges, which means double the rates and charges assessed to village residents. According to the ordinance, water sold for use outside Georgetown's corporate limits, whether sold at a meter within or without the village, and tank truck water sales shall be affected by the new surcharge. The ordinance states if the Georgetown Utilities Department does not furnish water to a non-resident village sewer customer, GUD shall calculate the sewer bill in such a manner as to most accurately and fairly bill the customer from all available evidence. The ordinance states as well if such sewer customer is served by another water company and if access to that water meter is available to the GUD, actual meter readings shall be used rather than estimated sewer bills. Residential customers or Golden Buckeye Cardholders who reside outside

Georgetown but receive garbage collection and disposal services through GUD shall pay a 100 percent surcharge over and above rates and charges set forth in a current village ordinance, according to the proposed ordinance. The council's next regular meeting and only meeting scheduled for August will be at 7:30 p.m. Thursday, Aug. 12, in the Georgetown Municipal Building. Council members at that meeting either can hear second reading of the proposed ordinance without taking any action, suspend the rules and adopt the 100 percent surcharge ordinance on its second reading rather than after three separate readings, or take no action at all including a second reading. CONTINUED ON PAGE 9

The Brown County Press/WAYNE GATES

Joseph Hensley (left) examines documents with Attorney Nick Ring during the deposition of Robert Short.

Sardinia man pleads guilty to unlawful sexual conduct BY Wayne Boblitt The Brown County Press A Sardinia man pleaded guilty on July 23 in Brown County Common Pleas Court to one count of unlawful sexual conduct with a minor in connection with an incident that reportedly occurred last year in Brown County. Robert W. Browning, 33, pleaded guilty to that thirddegree felony count with an agreement the State of Ohio would dismiss three other third-degree felony counts of unlawful sexual conduct with a minor. A Brown County grand jury indicted Browning this past October for four third-degree counts of unlawful sexual conduct with a minor. Grand jurors stated they had found Browning on or about Aug. 15, 2009, to on or about or between Oct. 2, 2009, engaged in sexual conduct on four different occasions with an alleged victim, who was identified only by initials. The victim also was identified as being 13 to 16 years old. Brown County Common Pleas Court Judge Scott Gusweiler also referred the matter to the Brown County Adult Probation Department for a presentencing investigation and report. Browning is scheduled to appear back in court at noon Wednesday, Aug. 11, for sentencing. Gusweiler revoked his bond pending that sentence. The offense to which Browning pleaded is classified as a Tier II sexual offense with the maximum prison sentence

Robert Browning

being five years and the maximum fine being $10,000. In signing the court document in which he withdrew a not guilty plea and entered a guilty plea, Browning stated his understanding any prison term stated would be the term served without good time credit, and after his release from prison, he would be placed on supervisory postrelease control for a period of time. He also stated he understood in exchange for his plea the State of Ohio would recommend a four-year prison term and the dismissal of the second through fourth unlawful sexual conduct with a minor counts with which he had been indicted. He also was ordered to have no contact with his victim. Regarding the sentence being recommended for Browning, Brown County Prosecutor Jessica Little said in a July 27 telephone interview, “I think it was a fair resolution (to the case) without having to put the victim through a trial.”

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Proper flag burning ceremony

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Donya Waits

Two women who were found dead in a Ripley apartment on May 12 died of a drug overdose. Autopsies were completed on 49 year old Barbara Bradford and 48 year old Linda Lakes on July 7 by the County Montgomery Coronor’s Office. The cause of death for both women is listed as “acute multiple drug intoxication”. The report by Forensic Pathologist Bryan Casto lists methadone as the primary drug present in both bodies. Methadone is used as a painkiller and to wean heroin users off of that drug. According to the National Institutes of Health, a Methadone overdose can occur if a person takes the drug with certain painkillers, such as Oxycontin, Vicodin, or Morphine.

The report said both women had other drugs present in their bodies when they died. In addition to Methadone, Bradford’s body had traces of Valium, an anti-anxiety drug and Clonazepam, which is used to treat seizures and panic attacks. Lakes’ body contained the painkillers Dilaudid and Vicodin, the anti-anxiety drug Valium and Clonazepam as well as Methadone. The bodies of the two women were discovered April 12 when the son of one of them called police after not hearing from his mother for a number of days. Captain Don Newman of the Ripley Police Department went to the apartment at 4 South Main Street and found the women dead. Newman said the case remains open and under investigation in case any new information is discovered or brought forward.

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The Brown County Press/WAYNE BOBLITT

Commander Russ Doughty with Carey Bavis Post 180 of the American Legion in Georgetown places a used and worn-out flag on a fire during a July 24 ceremony at Wilson Sroufe Post 9772 of Veterans of Foreign Wars in Mt. Orab. The ceremony displayed the proper way of disposing of old flags by burning with respect and honor, and the ashes of those burnt flags were to be buried later.


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