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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2009 > August > 04 > Entry
Second Walmart attacker pleads out
DAYTON — The second of two men accused of robbing and shooting a 28-year-old woman at a Moraine Walmart Supercenter pleaded guilty Tuesday, Aug. 4, to felony charges.
Richard T. Elijah was to go on trial Tuesday before Montgomery County Common Pleas Judge Mary Wiseman. Elijah pleaded guilty to two counts of felonious assault and one count of aggravated robbery, which were the counts in his indictment.
As part of the plea agreement, Wiseman sentenced Elijah, 47, to 10 years in prison. Had he been convicted after a trial, he could have received up to 26 years in prison.
His co-defendent, La’Shawn Porcher, 46, will be sentenced by Wiseman on Aug. 13. He pleaded guilty July 24 to complicity to commit aggravated robbery. A second count, complicity to commit felonious assault, was dropped. The charge he pleaded to is a first-degree felony, punishable by up to 10 years in prison, but under the agreement, he will be sentenced to between five and eight years.
Elijah had been released from prison just two days before the Walmart shooting for an April conviction for breaking and entering.
The incident occurred Dec. 20 at the store at 1701 W. Dorothy Lane. Gina King was wheeling a shopping cart to her car when she was robbed and shot in the abdomen. She was released from Miami Valley Hospital six days later.
Less than an hour after the robbery, Moraine police arrested Porcher and Elijah, who are both from Dayton.
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Comments
By Sandy Gina
August 4, 2009 3:03 PM | Link to this
Ummm, you think that since Elijah was just released from prison before the shooting that there is a good chance he will do it again upon release? Why wasn’t he given at least 25 years. And you wonder why Dayton is dying.By Steve
August 4, 2009 3:15 PM | Link to this
My memory may be faulty so take this with two grains of salt, but I seem to remember that if you committed and were convicted of a crime while on probation, your sentence was doubled. I am not sure that would still be enough for someone who was so craven as to shoot someone like this guy did, after the victim pleaded with the shooter. I agree with Sandy above/below, this doesn’t seem like much for nearly killing someone in perpetration of a felony. If he gets three for one credit for good time, he could be out in three years and four months. I don’t think so.By Gman
August 4, 2009 3:29 PM | Link to this
No suprise, Montgomery Co. has a reputation for being soft on these kinds of turds that’s why it keeps happening. No one wants to get toughBy DMR
August 4, 2009 3:30 PM | Link to this
Another BS plea-bargain. Both culprits will be back on the streets of the Miami Valley in a handful of years. These plea bargains are wrong on so many levels. Thanks for nothing Montgomery County Prosecutor’s Office.By Ryan
August 4, 2009 3:39 PM | Link to this
Typical.By John
August 4, 2009 3:42 PM | Link to this
Isn’t shooting someone called attempted murder? Hello! 10 yrs is really soft.By Patti
August 4, 2009 3:46 PM | Link to this
I agree with Gman. Montgomery county is getting too soft on this guys. Again, hello? only 10 years for these type of nuts on the street?By rob
August 4, 2009 3:50 PM | Link to this
Now if only WalMart would build a supercenter on the west side of Dayton we could keep the nigerians away from, what was, a nice area of town.By Mr. Vigilante
August 4, 2009 3:59 PM | Link to this
Armed guards shooting to kill is the answer.By RE Mr. Vigilante
August 4, 2009 4:11 PM | Link to this
They would say it was racial profiling then!By Shopper
August 4, 2009 4:49 PM | Link to this
Clearly, Montgomery County is the place to commit the crime of your choosing. Is Matt Hecht elected or appointed?By Curious
August 4, 2009 6:10 PM | Link to this
Nigerians, Rob? I didn’t know West Dayton had a significant Nigerian population.By Stephen
August 4, 2009 6:38 PM | Link to this
This could happen at any Wal Mart. They sell guns and destroy towns. They pay no property tax either. Only white trash shops there any way!!!By Johnson
August 4, 2009 7:52 PM | Link to this
Remember this day as these idiots will be back in front of another judge when they’re released. Is life so cheap they can plea bargain it away like this? These guys are a waste of air and should be under the jail. Judges who sentence at the low end should be jobless at the very next election. Quit putting the non violent offenders in prison, save it for turds like this.By JEB
August 4, 2009 8:14 PM | Link to this
BS PLEA BARGAINS,MONTGOMERY COUNTY SOFT ON CRIME. VIOLENT CRIMINALS GET OFF AND DRUG OFFENDERSE GET MANDITORY SENTENCES DUH!! MICHEAL VICK WOULD HAVE GOTTEN OFF EASIER FOR SHOOTING A PERSON. THAT’S WHY CCW PERMITS ARE UP. POLICE ARE LAYING OFF,IT’S UP TO THE CITIZENS TO FEND FOR THEMSELFS.By Dagwood
August 4, 2009 8:14 PM | Link to this
Stephen what does Wal Mart selling guns have anything to do with these two thugs robbing a person. The guns that they sell are for hunting. God help the thugs that try to rob me in Wal Mart parking lot. The state of Ohio has CCW for the common law abiding citizen to protect themselves from you and the thugs. BTW Stephen guns don’t kill people. People kill people. Are they going to outlaw pens because it misspelled a word?By stephen
August 4, 2009 9:30 PM | Link to this
Hey Dagwood…evolve!!! oh wait republicans and Christians don’t believe in science or logic.By Rhine McLin
August 4, 2009 9:57 PM | Link to this
I hope they get out of prison soon. I need their votes.By Thinkaboutit
August 4, 2009 10:36 PM | Link to this
First let me say that I normally agree with all of you that Heck is an idiot and that both he and his father have been the worst thing to ever happen to this county. All the criminals know that Montgomery County is soft on crime unless of course the case gets Heck on TV. But like every court case you run the risk of losing to a jury trial at the cost of the tax payers. Trust me if I were a victim I would not put my faith into a Montgomery County Jury. This county is a joke, the Prosecutor is a joke, Dayton Mayor is a discrace and the county commission is no better but the biggest Joke of all is that we the people of Montgomery County keep electing these idiots into office and you want a jury that is comprised of local voters to put these guys away for 25 years. Good luck with that, how about we all quit complaining and start acting………That would be nice for a change!!!!!!!!By Thinkaboutit
August 4, 2009 10:37 PM | Link to this
First let me say that I normally agree with all of you that Heck is an idiot and that both he and his father have been the worst thing to ever happen to this county. All the criminals know that Montgomery County is soft on crime unless of course the case gets Heck on TV. But like every court case you run the risk of losing to a jury trial at the cost of the tax payers. Trust me if I were a victim I would not put my faith into a Montgomery County Jury. This county is a joke, the Prosecutor is a joke, Dayton Mayor is a discrace and the county commission is no better but the biggest Joke of all is that we the people of Montgomery County keep electing these idiots into office and you want a jury that is comprised of local voters to put these guys away for 25 years. Good luck with that, how about we all quit complaining and start acting………That would be nice for a change!!!!!!!!By disbar mat heck and all judges
August 5, 2009 1:17 AM | Link to this
Thinkaboutit: I seem to be the only one that is actually doing anything. I am informing the public about what mat heck and these judges are actually doing to make Dayton a very dangerous place to live. You will not read or see on the TV news the truth about mat heck and these judges because the DDN and TV news need to be friends with the court so they do not get sued every time they open their mouths or print something totally wrong. Voters are not stupid they are purposely misinformed or not informed at all about the courts. Name recognition is the only reason these people get reelected. The voters know nothing bad about mat heck so they keep reelecting him. We can not get a judge impeached. That takes an act of both houses of the state legislature. They tried in 1825 or something like that and not tried it since so that’s not going to work. We can get 10,00 signatures of registered voters and write a complaint to the Dayton bar association and have them investigate the hundreds if not thousands of violations of law that mat heck has committed over the last 19 years. Would you and all of your friends sign? When a person comments that mat heck is a moron and he is stupid and is soft on crime they could not be more right however without backing it up with facts it does not help. I t sounds to most people that this person is ignorant and doesn’t know what a fine man mat heck really is. Well the purposely hidden facts prove that mat heck is not a fine man. After all 66% of the voters voted for him because he runs unopposed. What we can do is every time you read about a crime type in the criminals name at http://www.clerk.co.montgomery.oh.us/pro/ and see what crimes this guy has committed in the past and post what mat heck and these judges did to turn him loose only to be arrested again. Every time you read about a criminal’s sentencing we need to look it up and post all of the gun spec’s and other crimes that were dismissed and print it in our comments. I have it down. It is a copy and paste .I will show everybody how to do it. We need to inform the public every time a judge gives a concurrent sentence with some totally separate crime thus negating the impact of both crimes. We need to let the court records themselves show how inept these people really are. We need to hold the news media accountable for the fact that they refuse to report the miscarriages of justice that goes on daily at the court house. We need to do the news media’s job and inform the public that mat heck is responsible for nearly all of the murders that happen in Dayton because he turns these gun toting, drug dealing, robbing, felonious assault committing bangers loose to continue the cycle of violence. We need to inform the public that most of these murders could have been prevented only if mat heck would have sent these career criminals to prison before they murder an innocent person. We need to inform the public that mat heck is the only reason that Dayton is a very dangerous place to live. Voters are not stupid they are purposely uniformed or misinformed. Do something and help me educate these voters and in the next election we will see change.By Donna
August 5, 2009 1:56 AM | Link to this
2 yrs ago, my house was broken into while I was at work, on Good Friday. The guy was a druggie out of prison just 2 mos. on prior robberies & B&E convictions. He was convicted on B & E of my house, 4 others in the neighborhood,got 6-8 yrs.(never got back my stuff he stole of course) So these guys who robbed and could have killed the lady at WalMart get about the same as a guy who breaks in houses & steals for drug money?!Thats just sad, and as someone else said, “No wonder everybody is leaving Dayton!” By the way, for those of you trying to make crime a racial thing, the druggie guy who broke in my house is white. I agree totally with the summary of Heck, and please don’t forget to throw “The Hat” mayor in there too! She likes to brag about what a great place Dayton is to live and covers up the truth in the media to those naive, only know what they read people. Get rid of them, and the RTA whole board of directors, starting with that idiot at the top, and we just might have a halfway decent place to live again without the extravagant lifestyle of the above, while the rest of us have to watch our surroundings everywhere we go so we don’t get robbed and can’t even go to work without someone breaking in, and can’t find a job. Maybe with those elitists gone, there’ll be more jobs around here, and we’ll feel safer. But it won’t happen until we vote them out!By lacy
August 5, 2009 7:05 AM | Link to this
the system sucks. if they do the crime they should get back what they did. so they should get shot instead of sitting in jail with free food, showers, and a bathroom.when they get out, im sure they will do it againBy dale
August 5, 2009 2:39 PM | Link to this
Stephen, I’m a republician and will debate you in person any day of the week on science. You’re one of these sheep that follow everything the liberal say. Its obvious since every liberal I have ever met hates Walmart. I guess I should hate Time Warner, the phone companies, music, movies, and any other company that 100% supports the democrates. I hate to say it but you aren’t very intelligent and your arguments make you look ignorant.By thats good Steven
August 5, 2009 5:02 PM | Link to this
The only people that don’t believe in science and “evolving” are the NAZI’s now force feeding our children how to think, what to think, what to eat, who to kill or allow to live, what our neighbors can think, who to turn in to the thought police and what TV channels to watch. Other than that you certainly are the party of choice. By the way “intellectual,” refer to me one piece of intellectual proof related to your “evolution” theory> It’s right up there with me driving my car and destroying “your” planet. Quit yapping so much about things you know nothing about and start reading you moron.By badplace
September 29, 2009 11:31 AM | Link to this
This is the WORST wal*mart location in the world. It’s too convenient for the crime to get there by the RTA bus line. It has made many people that had money very poor. Home values in that area have went from $400,000 to $150,000 JUST FROM THE CRIME!!!!! Eliminate the bus line and the bad people won’t be able to get there.