Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tuesday, J uly 30, 2019 8:44:02 AM
CASE NUMBER: 2018 CR 01316 Docket ID: 38658633
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CRIMINAL DIVISION
STATE OF OHIO CASE NO: 2018 CR 1316
Plaintiff, JUDGE: SKELTON
Vv.
CHASE M. YOUNGER SENTENCING MEMORANDUM
OF DEFENDANT
Defendant
J. SUMMARY OF FACTS
Your Honor, Mr. Younger appears in front of you because of a series of
events that occurred on April 1, 2018 in which Mr. Younger discharged his firearm
near two police officers, then proceeded to evade capture by said officers. Mr.
CORDALIS
Younger accepted responsibility for his actions and tendered pleas of guilty on June
AW OFFICE, LLC.
19, 2019 to three counts of Felonious Assault (F1); one count of Failure to Comply
30 W Second St
suite 1818 (F3); and one count of Escape (F2)
Jayton, Ohio 45402
31. EB. Main St.
Xenia, Ohio 45385 Il. CHASE YOUNGER
?.0. Box 373
3ellbrook, Ohio
45305 Mr. Younger is a 30 year old father of three young children. He has no prior
P: (937) 224-1212 criminal history aside from a minor misdemeanor marijuana charge. Since the
F: (937) 226-1224
beginning of the case, Mr. Younger has wanted to accept responsibility for his
actions. Mr. Younger understands that his actions on April 1, 2018 were extremely
dangerous. Mr. Younger understands that he put Officer Denlinger’s and Officer
Williams’s lives at risk, as well as innocent bystanders’ lives, by firing his firearm
in the Five Oaks neighborhood.
Additionally, Mr. Younger is thankful to the first responders that risked their
lives in order to save his. He has been incarcerated for over a year now since the
incident occurred, and he has utilized this time to reflect on what led him to be in
the position he finds himself in. Mr. Younger frequently found himself in the
company of people who were living a fast life, like they had nothing to lose.
Although prompted by this life-altering experience, Mr. Younger now realizes that
he does have something to lose and that fast life trajectory is not one he wants to
follow.
Mr. Younger’s mother, for instance, recalled a conversation with her son in
which she told him if he didn’t seek help with his addiction, he could end up
humiliated or even dead (See Exhibit 1). The following evening, she saw his car in
the river. She witnessed firsthand that this was a life-altering sequence of choices
that has ultimately turned him around for the better. Additionally, Mr. Younger’s
older sisters (See Exhibits 2 and 3) wrote that he always puts his family first and
that the night of this incident does not reflect him as a whole person. His sister
ORDALIS Nakeyia believes he was under the influence of drugs and untreated mental health
AW OFFICE, LLC.
issues the night in question (Exhibit 2).
30 W Second St.
uite 1818 This experience was a huge wake up call for Mr. Younger, for which he is
dayton, Ohio 45402
remorseful. He is hopeful that the Court will see that, while inexcusable, this was
1. E. Main St.
‘enia, Ohio 45385 only an isolated incident and he is not on track to reoffend.
.O. Box 373
3elibrook, Ohio
15305
>: (937) 224-1212
7: (937) 226-1224.
Ill. SENTENCING
Mr. Younger has been made aware of the parameters of sentencing and is
aware of the possible outcomes. It is clear that the court is well informed and
knowledgeable of all sentencing options and purposes set forth at O.R.C. 2929.11
and 2929.12. Nevertheless, below is a brief summary of the felony sentencing
statutes.
O.R.C. § 2929.11 states that the purposes of felony sentencing are:
“(A) A court that sentences an offender for a felony shall be guided by the
overriding purposes of felony sentencing. The overriding purposes of felony
sentencing are to protect the public from future crime by the offender and others
and to punish the offender. To achieve those purposes, the sentencing court
shall consider the need for incapacitating the offender, deterring the offender
and others from future crime, rehabilitating the offender, and making restitution
to the victim of the offense, the public, or both.
"(B) A sentence imposed for a felony shall be reasonably calculated to
achieve the two overriding purposes of felony sentencing set forth in division
(A) of this section, commensurate with and not demeaning to the seriousness
of the offender's conduct and its impact upon the victim, and consistent with
sentences imposed for similar crimes committed by similar offenders."
‘ORDALIS
AW OFFICE, LLC.
In determining the appropriate sentence for felonies the court is guided by
30 W Second St.
nite 1818 O.R.C. § 2929.12 (C), which lays out the following:
dayton, Ohio 45402
(C) The sentencing court shall consider all of the following that apply regarding
‘1. E. Main St.
: (937) 224-1212
7: (937) 226-1224
CERTIFICATE
OF SERVICE
I hereby certify that a copy of the foregoing was sent by electronic submission via
ECF on the date time-stamped hereon.
_/s/Karl Kordalis
KARL G. KORDALIS, ESQ. 0089697
CORDALIS
AW OFFICE, LLC.
30 W Second St.
iuite 1818
Jayton, Ohio 45402
}1. E. Main St.
Xenia, Obio 45385
?.O. Box 373
3elIbrook, Ohio
15305
P: (937) 224-1212
F: (937) 226-1224
EXHIBIT
/
Judge Skelton,
[love my son, I have had many talks with Chase andI actually told him that if he didn't humble himself and seek help with his drug addiction he
would be humiliated or lose his life. The next night { saw his car in the river, | was so worried. We rushed to the hospital and a nurse told us he
would be OK, I was so thankful. I have prayed ever night that “God please just don't let him die before he accepts that God is the only way out.”
Chase is not a street hardened thug with no morals or values. He is a good father of two sons. They are 12 and 4. I know they need their father, I
have seen a change in them since he has been locked up. He is a good son and brother as well. Chase is a hard worker and very talented in home
remodeling. I know he takes responsibility for his actions and not just because he was caught. I know the difference in my son. I pray for mercy
when he is sentenced. I love my son very much and believe he is very sorry for his actions.
Sincerely,
Mary Shannon Worley
EXHIBIT
i oT 2.
Dear,
Judge Skelton
My name is Nakeyia Allen, I’m Chase Younger’s third, oldest sister and I’m writing you in reference to my little brother and the charges he faces. I
know he has gotten himself in a lot of trouble andI also know that he is very sorry for his actions. Chase is the youngest of6 and has always put
family first. I have seen the ups and downs in my brothers life and can tell you that he is a great son, father, uncle, and brother.His decisions that
night is not a reflection of him as a man that my mother raised. He is my little brother but he has aways acted like our big brother. I believe Chase
made those decisions that night under the influence of drugs and untreated mental health. [ make no excuses for his actions because he was very
wrong and someone could of got serious hurt or killed. In my humble opinion Chase has been a decent, hardworking and trustworthy person. I just
humbly ask that you would show mercy in his sentencing, so he can be there for his children He is valuable to me and our family.
Tove my brother and miss him dearly.
Yours faithfully,
Nakeyia Allen
EXHIBIT
1% —_—_
Hello my name is Tyra Younger, and I’m writing on behalf of
my brother Chase Younger. I don’t know if anything I’m going
to say will get him fewer time or not, because I understand the
severity of his actions. I will say my brother is a god man and
great father. He’s always been very involved in chase jr, and
Boston’s lives since birth. He’s been the man to me and my
sisters and older brother and very helping with our family. This
situation saddens me because the man that put himself in this
situation isn’t the man we all know. I’ve replayed the situation
in my head a million times and wished things could be different
but I’m also aware that every action has a reaction and that time
must be served when doing anything against the law. So like
I’ve been saying from the beginning I pray that you will see
what his family sees in him and that you will understand his
heart even if for a second to know that this isn’t who he is and
that this was the biggest mistake of his life. I love my brother
and I just want what’s best for him and I’m sorry for what he
did because he truly is a good guy at heart. On behalf of my
family and brother we apologize for the hurt this has caused.
Not asking anyone to spare him but just try and understand and
see his heart through our eyes. Thank you for this opportunity to
write you, I greatly appreciate you taking the time out to hear
me out. Thanks sincerely Tyra D Younger.
ayton police shooting suspect to spend time in prison https://www.daytondailynews.com/news/local/man-accused-firing-...
BREAKING NEWS
Gilroy Garlic Festival shooting: 3 dead, 15 hurt EXHIBIT
when gunman opens fire; 1 suspect dead
Dayton Daily News
Local. In-Depth.
Always updated.
a
seca
a Man accused of firing at Dayton police to spend time in prison
Lacat | Jan 21, 2019
By Br 4 News Staff
Advertisement
DAYTON — A man accused of firing at Dayton police last March will spend between five and 10 years in
Lof5 29/19, 8:57 AM
ayton police shooting suspect to spend time in prison https://www.daytondailynews.com/news/local/man-accused-firing-...
prison following a plea agreement reached Friday in the case.
ler lar
Tahwin Herron dr., 20, pleaded guilty to two counts of felonious assault and two gun charges, according to
court records. He had been scheduled for trial this week.
Herron was arrested following the March 19 incident in the 300 block of Bungalow Drive. During the incident
Herron fired at two Dayton police detectives, investigators said.
Herron will be sentenced on Jan. 30.
Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com
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Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Tuesday, J uly 30, 2019 8:44:02 AM CASE NUMBER: 2018 CR 01316 Docket ID: 38658633 MIKE FOLEY CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO CASE NO: 2018 CR 1316 Plaintiff, JUDGE: SKELTON Vv. CHASE M. YOUNGER SENTENCING MEMORANDUM OF DEFENDANT Defendant J. SUMMARY OF FACTS Your Honor, Mr. Younger appears in front of you because of a series of events that occurred on April 1, 2018 in which Mr. Younger discharged his firearm near two police officers, then proceeded to evade capture by said officers. Mr. CORDALIS Younger accepted responsibility for his actions and tendered pleas of guilty on June AW OFFICE, LLC. 19, 2019 to three counts of Felonious Assault (F1); one count of Failure to Comply 30 W Second St suite 1818 (F3); and one count of Escape (F2) Jayton, Ohio 45402 31. EB. Main St. Xenia, Ohio 45385 Il. CHASE YOUNGER ?.0. Box 373 3ellbrook, Ohio 45305 Mr. Younger is a 30 year old father of three young children. He has no prior P: (937) 224-1212 criminal history aside from a minor misdemeanor marijuana charge. Since the F: (937) 226-1224 beginning of the case, Mr. Younger has wanted to accept responsibility for his actions. Mr. Younger understands that his actions on April 1, 2018 were extremely dangerous. Mr. Younger understands that he put Officer Denlinger’s and Officer Williams’s lives at risk, as well as innocent bystanders’ lives, by firing his firearm in the Five Oaks neighborhood. Additionally, Mr. Younger is thankful to the first responders that risked their lives in order to save his. He has been incarcerated for over a year now since the incident occurred, and he has utilized this time to reflect on what led him to be in the position he finds himself in. Mr. Younger frequently found himself in the company of people who were living a fast life, like they had nothing to lose. Although prompted by this life-altering experience, Mr. Younger now realizes that he does have something to lose and that fast life trajectory is not one he wants to follow. Mr. Younger’s mother, for instance, recalled a conversation with her son in which she told him if he didn’t seek help with his addiction, he could end up humiliated or even dead (See Exhibit 1). The following evening, she saw his car in the river. She witnessed firsthand that this was a life-altering sequence of choices that has ultimately turned him around for the better. Additionally, Mr. Younger’s older sisters (See Exhibits 2 and 3) wrote that he always puts his family first and that the night of this incident does not reflect him as a whole person. His sister ORDALIS Nakeyia believes he was under the influence of drugs and untreated mental health AW OFFICE, LLC. issues the night in question (Exhibit 2). 30 W Second St. uite 1818 This experience was a huge wake up call for Mr. Younger, for which he is dayton, Ohio 45402 remorseful. He is hopeful that the Court will see that, while inexcusable, this was 1. E. Main St. ‘enia, Ohio 45385 only an isolated incident and he is not on track to reoffend. .O. Box 373 3elibrook, Ohio 15305 >: (937) 224-1212 7: (937) 226-1224. Ill. SENTENCING Mr. Younger has been made aware of the parameters of sentencing and is aware of the possible outcomes. It is clear that the court is well informed and knowledgeable of all sentencing options and purposes set forth at O.R.C. 2929.11 and 2929.12. Nevertheless, below is a brief summary of the felony sentencing statutes. O.R.C. § 2929.11 states that the purposes of felony sentencing are: “(A) A court that sentences an offender for a felony shall be guided by the overriding purposes of felony sentencing. The overriding purposes of felony sentencing are to protect the public from future crime by the offender and others and to punish the offender. To achieve those purposes, the sentencing court shall consider the need for incapacitating the offender, deterring the offender and others from future crime, rehabilitating the offender, and making restitution to the victim of the offense, the public, or both. "(B) A sentence imposed for a felony shall be reasonably calculated to achieve the two overriding purposes of felony sentencing set forth in division (A) of this section, commensurate with and not demeaning to the seriousness of the offender's conduct and its impact upon the victim, and consistent with sentences imposed for similar crimes committed by similar offenders." ‘ORDALIS AW OFFICE, LLC. In determining the appropriate sentence for felonies the court is guided by 30 W Second St. nite 1818 O.R.C. § 2929.12 (C), which lays out the following: dayton, Ohio 45402 (C) The sentencing court shall consider all of the following that apply regarding ‘1. E. Main St. : (937) 224-1212 7: (937) 226-1224 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was sent by electronic submission via ECF on the date time-stamped hereon. _/s/Karl Kordalis KARL G. KORDALIS, ESQ. 0089697 CORDALIS AW OFFICE, LLC. 30 W Second St. iuite 1818 Jayton, Ohio 45402 }1. E. Main St. Xenia, Obio 45385 ?.O. Box 373 3elIbrook, Ohio 15305 P: (937) 224-1212 F: (937) 226-1224 EXHIBIT / Judge Skelton, [love my son, I have had many talks with Chase andI actually told him that if he didn't humble himself and seek help with his drug addiction he would be humiliated or lose his life. The next night { saw his car in the river, | was so worried. We rushed to the hospital and a nurse told us he would be OK, I was so thankful. I have prayed ever night that “God please just don't let him die before he accepts that God is the only way out.” Chase is not a street hardened thug with no morals or values. He is a good father of two sons. They are 12 and 4. I know they need their father, I have seen a change in them since he has been locked up. He is a good son and brother as well. Chase is a hard worker and very talented in home remodeling. I know he takes responsibility for his actions and not just because he was caught. I know the difference in my son. I pray for mercy when he is sentenced. I love my son very much and believe he is very sorry for his actions. Sincerely, Mary Shannon Worley EXHIBIT i oT 2. Dear, Judge Skelton My name is Nakeyia Allen, I’m Chase Younger’s third, oldest sister and I’m writing you in reference to my little brother and the charges he faces. I know he has gotten himself in a lot of trouble andI also know that he is very sorry for his actions. Chase is the youngest of6 and has always put family first. I have seen the ups and downs in my brothers life and can tell you that he is a great son, father, uncle, and brother.His decisions that night is not a reflection of him as a man that my mother raised. He is my little brother but he has aways acted like our big brother. I believe Chase made those decisions that night under the influence of drugs and untreated mental health. [ make no excuses for his actions because he was very wrong and someone could of got serious hurt or killed. In my humble opinion Chase has been a decent, hardworking and trustworthy person. I just humbly ask that you would show mercy in his sentencing, so he can be there for his children He is valuable to me and our family. Tove my brother and miss him dearly. Yours faithfully, Nakeyia Allen EXHIBIT 1% —_—_ Hello my name is Tyra Younger, and I’m writing on behalf of my brother Chase Younger. I don’t know if anything I’m going to say will get him fewer time or not, because I understand the severity of his actions. I will say my brother is a god man and great father. He’s always been very involved in chase jr, and Boston’s lives since birth. He’s been the man to me and my sisters and older brother and very helping with our family. This situation saddens me because the man that put himself in this situation isn’t the man we all know. I’ve replayed the situation in my head a million times and wished things could be different but I’m also aware that every action has a reaction and that time must be served when doing anything against the law. So like I’ve been saying from the beginning I pray that you will see what his family sees in him and that you will understand his heart even if for a second to know that this isn’t who he is and that this was the biggest mistake of his life. I love my brother and I just want what’s best for him and I’m sorry for what he did because he truly is a good guy at heart. On behalf of my family and brother we apologize for the hurt this has caused. Not asking anyone to spare him but just try and understand and see his heart through our eyes. Thank you for this opportunity to write you, I greatly appreciate you taking the time out to hear me out. Thanks sincerely Tyra D Younger. ayton police shooting suspect to spend time in prison https://www.daytondailynews.com/news/local/man-accused-firing-... BREAKING NEWS Gilroy Garlic Festival shooting: 3 dead, 15 hurt EXHIBIT when gunman opens fire; 1 suspect dead Dayton Daily News Local. In-Depth. Always updated. a seca a Man accused of firing at Dayton police to spend time in prison Lacat | Jan 21, 2019 By Br 4 News Staff Advertisement DAYTON — A man accused of firing at Dayton police last March will spend between five and 10 years in Lof5 29/19, 8:57 AM ayton police shooting suspect to spend time in prison https://www.daytondailynews.com/news/local/man-accused-firing-... prison following a plea agreement reached Friday in the case. ler lar Tahwin Herron dr., 20, pleaded guilty to two counts of felonious assault and two gun charges, according to court records. He had been scheduled for trial this week. Herron was arrested following the March 19 incident in the 300 block of Bungalow Drive. During the incident Herron fired at two Dayton police detectives, investigators said. Herron will be sentenced on Jan. 30. Got a tip? Call our monitored 24-hour line, 937-259-2237, or send it to newsdesk@cmgohio.com Thank you for reading the Dayton Daily News and for supporting local journalism. Subscribers: jog in for access to your daily ePaper and premium newsletters. ‘ize | 12 days ago Mississippi House candidate fatally shoots wife, self inside medical clinic, trawl 6 days ago Oregon woman poured alcohol into Taco Bell employee's mouth at drive- Y 1 ‘News| 10 days ago Sheriff's deputy learns he has 3 months to live right after wife's cancer goes into remission ess | 10 days ago Man arrested after allegedly raping 4-year-old at McDonald’s during field trip Spests | 18 days ago Former Reds pitcher Homer Bailey traded to an AL contender tverGuate insurance Guiates| Sponsored Ohio Drivers With No Tickets in 3 Years Should Do This On Monday (Gumairy WADI Sponsored Top Surgeon: This One Thing Will Properly Flush Out Your Bowels Progressive| Sponsored Switch and save an average of $699. Savings make me smile. ‘Wiktoury | Sponsored 20f5 7/29/19, 8:57 AM