Latest news with #McElfresh
Yahoo
02-05-2025
- Yahoo
Hearsay could be allowed in case against Hamilton man charged in rape
May 2—Butler County prosecutors want to introduce hearsay statements in the case against a Hamilton man charged with rape involving a child. Common Pleas Court Judge Jennifer McElfresh granted a motion in limine and set a hearing for 10 a.m. on May 19. The prosecution will argue that the court should allow hearsay testimony in the case against Michael Dean Withrow, a 45-year-old Hamilton man. "The way the state usually presents evidence is we'll have a caseworker provide via testimony about why certain statements are relevant in a medical diagnosis and treatment," said Assistant prosecuting attorney Lindsay Sheehan, then adding they'd explain why those statements are an exception to the rule against hearsay. State law allows for several types of hearsay statements to be allowed as evidence, including statements made for medical diagnosis or treatment, according to the Ohio Supreme Court's Ohio Rules of Evidence. McElfresh will determine if the state can make its case. Withrow was indicted in March by a Butler County grand jury on a count of rape, a first-degree felony, for a crime that allegedly occurred on Oct. 8. He was also indicted on two counts of sexual battery, both third-degree felonies, and intimidation of a victim, a first-degree misdemeanor. Withrow's co-defendant, Brandi Nistler, 39, of Hamilton, was also indicted by the county grand jury on intimidation of a victim, though that was a first-degree misdemeanor. She bonded out, and McElfresh ordered her to wear a GPS monitoring device, but the judge on Thursday allowed it to be removed as Nistler has been following the court orders. She is scheduled to return to court at 1 p.m. on May 22. Withrow's bond is a $200,000 cash or surety. If he bonds out, he must wear a GPS monitor.
Yahoo
14-03-2025
- Yahoo
Man deported to Mexico 7 times to stand trial in May for Hamilton slaying
Mar. 14—A man already deported to Mexico seven times after committing crimes will stand trial in Hamilton in May on charges he allegedly killed a Hamilton woman, Butler County Judge Jennifer McElfresh ordered this week. Fermin Garcia-Gutierrez, 47, was arrested last April for the death of Fernando Reyna Oviedo, whose body was found in a garage. Shortly after Garcia-Gutierrez's arrest, Butler County Sheriff Richard Jones said in a press conference the defendant has been deported seven times. He is charged with charged with several felony counts, including aggravated murder and two counts of murder. His attorney, Keith Fricker, filed multiple requests, including for medical records from the Butler County Jail, a use of force report and the jail calls Garcia-Gutierrez made to prepare for the upcoming trial. The Journal-News reported in December the defendant's attorney said police violated his rights, and his alleged confession should be thrown out. In addition to the aggravated murder and murder charges, Garcia-Gutierrez is charged with two counts of felonious assault and kidnapping with a firearms specification. Oviedo, 41, was found dead on April 1, 2024, after Hamilton police officers were called about a body in the 1100 block of South 13th Street. Investigators believe Garcia-Gutierrez committed the homicide before he was arrested on other charges. He was arrested on March 16, 2024 on possession of drugs, carrying a concealed weapon, using weapons while intoxicated, and obstructing official business. Fricker had previously moved to suppress evidence, claiming because Garcia-Gutierrez is illiterate and "the Hamilton detective interrogated the defendant knowing he was unable to read or write either (English or Spanish) and without the aid of an interpreter being present." McElfresh eventually overruled the motion to suppress last month. Both criminal cases will be tried the week of May 12, McElfresh ordered, and Garcia-Gutierrez has a $5 million cash or surety bond.
Yahoo
14-03-2025
- Yahoo
Man deported to Mexico 7 times to stand trial in May for Hamilton slaying
Mar. 14—A man already deported to Mexico seven times after committing crimes will stand trial in Hamilton in May on charges he allegedly killed a Hamilton woman, Butler County Judge Jennifer McElfresh ordered this week. Fermin Garcia-Gutierrez, 47, was arrested last April for the death of Fernando Reyna Oviedo, whose body was found in a garage. Shortly after Garcia-Gutierrez's arrest, Butler County Sheriff Richard Jones said in a press conference the defendant has been deported seven times. He is charged with charged with several felony counts, including aggravated murder and two counts of murder. His attorney, Keith Fricker, filed multiple requests, including for medical records from the Butler County Jail, a use of force report and the jail calls Garcia-Gutierrez made to prepare for the upcoming trial. The Journal-News reported in December the defendant's attorney said police violated his rights, and his alleged confession should be thrown out. In addition to the aggravated murder and murder charges, Garcia-Gutierrez is charged with two counts of felonious assault and kidnapping with a firearms specification. Oviedo, 41, was found dead on April 1, 2024, after Hamilton police officers were called about a body in the 1100 block of South 13th Street. Investigators believe Garcia-Gutierrez committed the homicide before he was arrested on other charges. He was arrested on March 16, 2024 on possession of drugs, carrying a concealed weapon, using weapons while intoxicated, and obstructing official business. Fricker had previously moved to suppress evidence, claiming because Garcia-Gutierrez is illiterate and "the Hamilton detective interrogated the defendant knowing he was unable to read or write either (English or Spanish) and without the aid of an interpreter being present." McElfresh eventually overruled the motion to suppress last month. Both criminal cases will be tried the week of May 12, McElfresh ordered, and Garcia-Gutierrez has a $5 million cash or surety bond.
