Lawyer: Suspect questioned illegally
A man accused of escaping police custody after stealing guns from a retired deputy chief’s home was illegally questioned by authorities after his capture while he was “very high” on drugs, his lawyer contends in court records.
An attorney for Randy Lee Sellars Jr., 30, is seeking to suppress “any confessions, admissions, or other statements” obtained by police from the defendant after he was detained following his recapture in early August, according to Montgomery County court records.
“Having been arrested and detained, defendant was interrogated illegally without proper explanation and waiver of his rights,” a motion dated Wednesday by his defense attorney, J. Allen Wilmes, states.
“Prior to the interrogation, defendant advised police that he was very ‘high’ on crystal meth and had not ‘slept in a month.’ Nonetheless, police pursued the interrogation,” the document states.
Wilmes pleaded not guilty for Sellars earlier this month after the defendant was indicted in Montgomery County Common Pleas Court on two counts burglary, three counts grand theft and three counts weapons under disability.
Sellars was issued a surety bond of $50,000, and he remains in the county jail, records show.
Sellars in late July stole guns and ammunition from the home of retired Moraine Deputy Police Chief Tracy Harpster, police in that city have said.
He was booked in the county jail Aug. 6, fewer than 24 hours after being apprehended in Kettering following his escape in Moraine.
Kettering Municipal Court Judge James Long later found him guilty of four misdemeanors and sentenced Sellars to 163 days in jail. He was fined $100, court records show. gon Express, Thai 9 and Jay’s Seafood. The lot was rebuilt in 2008 and has been free to visitors since that time.
The switch from free to fee parking follows in the footsteps of the lot behind Ned Peppers and the one next to the Environmental Protection Agency, which late last year implemented metered systems.
The parking fees will help pay for additional lighting, landscaping upgrades and for the services of a professional parking authority to monitor and enforce the new regulations, Budd said.
Visitors will enter their license plate numbers into an electronic station and pay with cash or credit cards.
They also will have the option to pay using their mobile devices by downloading and using the Passport Parking App (https:// ppprk.com).
CityWide owns about 60 percent of the 140-space parking lot. About 30 percent is owned by Jay’s Seafood and about 10 percent belongs to Gottschlich & Portune, LLP.
However, Omega Music owns 26 spaces that it does not plan to charge its customers to use.
Other lots in the Oregon District have gone to pay systems, and as a result, nearly everyone has migrated to the free lot, including most people who work in the district, said Amy Haverstick, owner of Jay’s Seafood.
About 40 percent of the lot is occupied by employees of Oregon District businesses, which leaves too few spots for customers of Jay’s and other restaurants, Haverstick said.
“I’ve had many guests call, while they are driving around looking for parking, to cancel their reservations because they can’t find parking, Haverstick said.
A $3 parking fee is not going to deter people from visiting a thriving entertainment area, full of unique and independent businesses, she said.
Also, some people hang out in their cars in the lot to drink and carry on, and increased security and the presence of a lot attendant should cut out most of the problems, she said.
Jay’s will validate the parking of customers who spend $30 or more during their visits.
But some citizens have complained on social media about the change and have vowed to stop patronizing the district.
Staiger, with Omega Music, said he has fought against transitioning the lot to a fee system for a long time, and he removed Omega’s spaces from the lot to continue offering free parking to customers.
He said district visitors may be willing to pay $3 to eat, drink and meet friends for a night out on the town. But, he said, people are not willing to pay to park to shop at a retail store like his, which sells records, CDs, movies and other items.
“What is stopping them from going to The Greene, the mall or Amazon?” he said. “We’re already fighting to get them in the doors.”
The city has welcomed a bunch of new housing in the area and needs to construct a new parking garage or new lots to handle the increases in traffic, Staiger said.