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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2011 > June > 14
Tuesday, June 14, 2011
Illegal immigrant sex offender sentenced to prison
DAYTON — A Mexican citizen, deported after he was convicted of a sex offense involving a child, was sentenced Monday in Dayton to 36 months imprisonment for illegally re-entering the United States after being deported.
Carlos Juarez-Venegas, 37, had been living in Union City, Ind. He appeared before U.S. District Judge H. Walter Rice.
Juarez-Venegas will face deportation after serving his prison sentence.
Union City police arrested Juarez-Venegas July 6 for traffic violations. Those charges were later dismissed, according to court records. But Juarez-Venegas was taken to the Darke County Jail and officials alerted the U.S. Immigration and Customs Enforcement (ICE) Office of Enforcement and Removal Operations.
The agents determined that Juarez-Venegas was convicted in October 2000 in California for a lewd act upon a child. He was sentenced to three years in prison, then deported in December 2002. The earlier deportation order barred Juarez-Venegas from ever returning to the United States.
TweetProsecutor seeks adult charges for teen suspects in Totty slaying
DAYTON — The Montgomery County Prosecutor’s Office will seek to try as adults two teenage suspects in the May 31 shooting death of Willie Totty, III, according to Prosecutor Mathias H. Heck, Jr..
Prosecutors have filed motions to have the cases of Raylin D. Holloway, 15, and Darion Strickland, 16, transferred from Juvenile Court to the Common Pleas Court’s general division, Heck said Tuesday.
Totty, 26, died on the sidewalk in front of 1964 N. Main, his BMX bicycle lying beside him. Totty was on his way home from a friend’s house when Strickland, Holloway and Carlos McGary, 18, approached him and demanded his bike, police said.
McGary, the accused shooter, faces two charges of murder and single counts of aggravated robbery, felonious assault and a weapons violation. His bond was set at $1 million, and he has remained in the county jail since his June 1 arrest.
Holloway and Strickland are also charged in a June 1 robbery attempt hours after Totty’s slaying. The two approached two women walking home from a Walgreens on Salem Avenue and demanded their possessions. When the victims did not comply, Strickland fired a gun at the victims and then the defendants took their cash and fled, Heck said.
“These juveniles, and their adult coconspirator, had no respect for the life of Mr. Totty and robbed and coldly threatened to shoot two other victims,” Heck said. “Due to their ages and the nature of the charges, these two juveniles should be transferred and prosecuted as adults.”
Defendant Strickland’s transfer is mandatory due to his age and the fact that he used a firearm in the commission of a crime. Defendant Holloway’s transfer is discretionary with the Juvenile Court Judge, due to her age.
TweetBaby Vanessa’s father sentenced to prison
DAYTON — The birth father in the Baby Vanessa child custody case, convicted last month of welfare theft, was sentenced to a year in state prison Tuesday.
Benjamin Mills Jr. pleaded with Montgomery County Common Pleas Judge Mary Katherine Huffman, asking her not to send him to prison. He said Vanessa would be coming from California to visit in September and he didn’t want her to visit him while he was incarcerated.
“I’ve been fighting for my daughter since she was born,” Mills said. “I’m throwing myself on the mercy of the court.”
Mills also said that he had four other children, ages 4, 7, 16, and 18, and was involved in all of their lives.
Huffman started by telling Mills that his high-profile custody battle over Vanessa “is absolutely irrelevant to me and my decision.”
Huffman said that Mills had not made a child support payment in more than two years and that his children all live with and are cared for by someone else.
Mills, 40, was indicted on a felony theft count stemming from a Feb. 9 incident, in which a woman offered Mills a ride in her van. After Mills left the vehicle, the woman noticed her purse, containing her child support debit card, was missing.
On May 9, the grand jury indicted Mills on two counts of theft by deception for falsely claiming to have custody of his children. Mills wrongly received more than $8,000 in benefits from the Ohio Works First program as well as food stamps, according to the Montgomery County Prosecutor’s Office.
Mills pleaded no contest May 25 to all three counts, all of them fifth-degree felonies punishable by up to 12 months in prison.
Huffman also ordered Mills to pay more than $8,100 in restitution to Montgomery County Job and Family Services and $62 to the woman from the February case. Mills then began to argue with Huffman about those amounts.
“I’m finished arguing with him,” Huffman said, and sheriff’s deputies took Mills out of the courtroom.
Mills and foster mother Stacey Doss of California had been fighting for custody of Vanessa for nearly three years in courts in Ohio and California. The parties reached an agreement March 14 in which Doss retained permanent legal custody of Vanessa while agreeing to drop adoption plans. Doss will also allow visits by the toddler’s paternal grandmother, Rena Jordan of Middletown, who is raising Vanessa’s full sisters, Heaven, 4, and Amiya, 6.
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