The Cincinnati Enquirer from Cincinnati, Ohio on September 9, 1995 · Page 91
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The Cincinnati Enquirer from Cincinnati, Ohio · Page 91

Cincinnati, Ohio
Issue Date:
Saturday, September 9, 1995
Page 91
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fl The Cincinnati Enquirer METRO Saturday, September 9. 1995 B7 I VUV V77rV""" , s 1 V In , ajjMjjmjiU,, ,..,.,.A. ..i. . Tne Cincinnati EnquirerErnest Coieman Rescue workers remove an injured person from the collision between a minivan and Metro bus Friday. Minivan driver dies after bus accident 10 others injured after Auburn Avenue collision BY ADAM WEINTRAUB The Cincinnati Enquirer An 84-year-old Avondale man drove through a traffic light and broadsided a Metro bus Friday morning, fatally injuring himself and sending at least 10 others to area hospitals, police said. James Simmons had to be cut from behind the wheel of the blue minivan that sped from the exit of Christ Hospital in Mount Auburn and slammed into the side of a southbound No. 53 Auburn-Clifton bus, according to witnesses and investi gators. Simmons died just before 1 p.m. at University Hospital. Bus driver Tom Crusham was knocked from his seat by the impact, which pushed the bus into oncoming traffic, where it collided with a delivery service's pickup truck. Crusham "managed to regain control and bring the bus to a stop," said Metro spokeswoman Sallie Hilvers. "That car was speeding," said Ruth Bradford, a downtown resident who witnessed the crash as she was leaving the hospital about 11:35 a.m. "It looked like he was trying to beat the red light, but the bus had the right of way." Police weren't sure why Simmons was driving. He had been a passenger in the minivan that his wife drove to the hospital to take care of some paperwork, said Sgt. Steven Eggers of the Cincinnati Police Division's traffic section. For some reason, he moved to the driver's seat and drove off before she returned, police said. Passengers from the bus were treated at Christ Hospital for minor injuries and released. One person also was treated at Good Samaritan Hospital and released. It was unclear whether any of the injured were from the pickup truck. The accident closed Auburn Avenue in front of the hospital for more than an hour. Sex offender can't use on-line services as probation term Judge fears computer user will seek new victims and the fact that Barnes works with computers, Porter said BY CINDY SCHROEDER The Cincinnati Enquirer NEWPORT A computer programmer convicted on felony sex charges was granted probation this week by a Campbell County judge on one condition: He is forbidden from using any on-line service. Officials predicted Friday this type of restriction will become more commonplace as home computing becomes more popular. "With the advancement of computers and these on-line services, that type of condition (of probation) is becoming more and more commonplace," said probation officer Doug Hughes, who works in a seven-county area that includes Boone, Kenton and Campbell. The restriction was one of several handed down by Judge William Wehr in the sentence of Luis Miguel Barnes, 29, of Alexandria, who was convicted of a sex offense involving a 13-year-old babysitter. No prison time Barnes pleaded guilty to first-degree sexual abuse on July 27, for which he could have faced up to five years in prison, said Jack Porter, Campbell County's assistant Commonwealth's attorney. However, the victim declined to return to Kentucky to prosecute, Porter said. Barnes received a five-year probated sentence Thursday. As conditions of probation, Wehr ordered Barnes: To pay a $1,000 fine, have no contact with the victim, and pay restitution. Enroll and complete a state-run sex offender treatment program. Not to use any computer on-line services or obtain sexually explicit materials. Court records show that Barnes met his victim while she baby-sat his children not through a computer. But Porter said the ban on use of on-line services was imposed, given the nature of the offense issues of privacy and . Barnes' personal rights are not a factor in ; such cases. Left unclear, however, was. how the state was ensure Barnes would; not access the on-line services. Take it or leave it "Probation is not a right," Porter said. "Probation is a privilege. We tell him, 'These are the conditions. If you don't want to do this, we'll send you to the' penitentiary.' " . Barnes and his lawyers could not be reached for comment. Earlier this summer, Wehr imposed the same restriction in a similar case involving another sex offender who worked in the computer field, authorities said. While at least four Northern Kentucky , judges said they had not imposed a similar restriction on probated sex offenders, all , said they would consider such a restriction, if the circumstances warranted it. - ' "I think that any conditions of proba-, tion need to be looked at on a case-by-case basis," said Kenton Circuit Judge Steve,' Jaeger. "While I haven't had the opportu- r nity to use (a prohibition against on-line, services) as a condition of probation, I can certainly understand a situation that . would call for that type of condition." While Kenton Circuit Judge Greg Bart- lett said he could not "second guess ; (another) judge in imposing reasonable: conditions of probation," he noted that: misuse of computer on-line services "seems to be a growing concern." "I would certainly consider it, if I felt it was appropriate for the case," Bartlett said. "Not knowing the circumstances be-: fore the judge, I can't say whether it's appropriate, but it is certainly something I would look at," said Kenton Circuit Judge'. Patricia Summe. Alleged slayer's bond not reduced Judge says death by gun just too serious BY KRISTEN DELGUZZI The Cincinnati Enquirer The defense lawyer for a South Fairmount man accused of killing his neighbor asked a judge Friday to reduce the man's bond, saying Charles Cole fired five shots at Charles Blankenship last month in self-defense. Although a videotape of the shooting, which was played in court Friday, shows that a lengthy and heated argument preceded the shooting, Judge Norbert Nadel of Hamilton County Common Pleas Court refused to lower the $250,000 bond. "This is a very serious charge involving a gun," Nadel said. "With the seriousness of the offense there has been a death here caused by a gun I just feel that in view of that, the bond would have to stay the same." Cole, 44, is charged with aggravated murder in the Aug. 1 shooting of 21-year-old Blankenship. The videotape of the slaying was shot from a security camera on the front porch of Cole's Tremont Avenue house. When the case goes to trial Nov. 13, jurors will view the tape, which was aired on national television earlier this week on the American Journal tabloid news show. The show obtained a copy of the videotape from defense attorney Kenneth Lawson. Prosecutors had given Lawson a copy of the tape as part of the pretrial discovery process, when evidence to be used at trial is disclosed. Prosecutors asked that Lawson be prohibited from disseminating the tape. Their request, however, came after the tape was given to American Journal. Nadel ordered Lawson not to distribute any more copies of the tape until after the trial. "If the tape went out," Nadel said, "it went out before the order was put on." He said he does not want to risk influencing or prejudicing potential jurors. Lawson said he released the tape because American Journal agreed to present the story as a man defending his house from the "young punks" who have taken over South Fairmount. "All he (Cole) wanted was that man to leave his property alone," Lawson said. "He was trying to protect his property that night, and this young man comes up and tries to take his house." Several times on the tape, Cole can be heard telling Blankenship to leave. Blankenship repeatedly refuses and, at one point, says he has something with him "that could take care of" Cole. Finally, when Blankenship marched up the steps of Cole's front porch and headed toward Cole, Cole fired five shots. "This is not, as the defense would have you believe, the wild West," said Jerome Kunkel, an assistant county prosecutor. "He was not defending his house against an armed attack because the victim had no weapon. He shot an unarmed man." Adam Weintraub this story. contributed to Shooting victim identified as missing Toledo teen The Associated Press TOLEDO A decomposed body found in an abandoned lot was identified as a 15-year-old girl who had been reported missing nearly a month ago, a coroner said Friday. Tiffany Hamilton, of Toledo died of a single gunshot wound to the head, said Cynthia Beisser, deputy coroner in Lucas County. Beisser ruled the death a homicide. The coroner's office had to use X-rays and dental records to identify the remains. The body was discovered Thursday by Jerry Bradsher, who lives next door to the vacant house. Bradsher said he had smelled an odor for the last two to three weeks but was never able to determine where it was coming from. On Thursday, he wandered into the back yard of the house, which was overgrown with weeds, and discovered the remains. Police and Hamilton's family had been searching for her since her disappearance. Hamilton went to a party with her boyfriend, Christopher Feems-ter, on Aug. 13. Her mother, Patricia Hamilton, told police her daughter was to stay the night at her aunt's house but never showed up. Feemster, 19, has been in the county jail since Aug. 16, when he was arrested on unrelated drug and aggravated robbery charges. ) lEEE'SlOlJBlSTOEVI Furniture Clearinghouse has purchased the entire inventory of Alton Furniture, a well known store in business for more than 18 years. We are selling the entire contents of Alton Furniture at a low low price 111 rrr;!Si..iei ir : mi .,- f:ssi III 2 Pc. Sectional with 2 full motion recliners. CjV,fi ffi """H Luxurious leather covers, Available in several mmv $1 1 OO00 S HtTCiT ffH Vk M IJL popular leather covers. IOT "SIMM)'" iOlf llOO "--j- .MiMftlUlf iilLji il, MI 11 Hill BEING SOLD FOR PENNIES ON THE DOLLAR! Man size recliners. 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