MIAMI COUNTY — David Winter, 32, of Troy, was sentenced to serve two years of community service and pay $34,967 restitution to F & P America for loss production time and wages in Miami County Common Pleas Court on Monday.
Winter entered a plea of no contest to an indictment charging him with fourth-degree felony inducing panic and was found guilty by Judge Christopher Gee during a change of plea hearing in July.
On Jan. 29, Winter called 9-1-1 to report a fake bomb threat at F & P America and later called in a fake bank robbery at Wright-Patt Credit Union using two separate cell phones he had in his possession. Winter was stopped by tehe Troy Police Department outside of Abbey Credit Union after authorities were alerted to the two suspicious phone calls drawing resources to the west side of the city. Officers found a robbery note and a BB gun altered to look like a handgun in Winter’s truck.
Winter claimed he was off his medication for mental health disorders at the time of the incident. He apologized to the bank, the company and to the city of Troy for the incident.
Judge Gee noted Winter’s lack of a criminal record prior to the incident, but also highlighted Winter’s detailed planning of the incident including the prepared bank robbery note and the use of two cell phones.
Judge Gee said it was thanks to good police work that Winter wasn’t able to carry through with the planned bank robbery.
Judge Gee ordered Winter to have no contact with Abbey Credit Union or F & P America, abide by a curfew, seek substance and mental health assessments, and to report to probation if he stops taking his prescribed medication and pay restitution to F & P America for loss of production time and wages.
Judge Gee reserved 17 months in prison if Winter fails any part of his community controls sanctions.
In other court news:
Brian Applegate, 24, of Sidney, was sentenced to serve two years of community control for third degree theft for stealing jewelry and other heirloom items from an elderly family members’ residence in Tipp City. The theft was first reported in March 2015.
Applegate pleaded no contest and was found guilty of theft in July.
Applegate apologized to the court and said he would have never stolen the items from his own family members had he not been on drugs at the time of the incident. Public defender Steve King said Applegate has been clean for seven months at the hearing.
“(This) eats me alive. I wish it never happened,” Applegate said.
A family member spoke on behalf of the victims, which included a cancer patient and another family member in the early stages of dementia. Applegate stole approximately $10,000 worth of jewelry from inside the home.
Judge Gee ordered Applegate to have no contact with the victims. Applegate must maintain employment and a curfew, abide by the Shelby County Counseling center’s treatment program, and attend meetings. No restitution was ordered. Judge Gee reserved 17 months in prison if Applegate violated terms of his probation.
* Last week, David Yates, 62, of Laura, entered a plea of guilty to an amended charge of two counts of third degree gross sexual imposition in a plea agreement that drops the first degree felony rape with no additional charges. The plea agreement recommends Yates to serve four years in prison for each charge and will be served consecutively for a total of eights years in prison. Yates will also register as a sex offender upon his release from prison. He also must serve five years of mandatory post-release control.
Last February, a family member reported Yates had allegedly engaged in digital penetration multiple times with a female child who was under the age of 10 at his home in the 3000 block of Stauffer Road.
Yates remains in Miami County Jail with a $400,000 bond. He is to be sentenced on Sept. 26 with Judge Jeannine Pratt presiding.
Yates’ home was set on fire on June 30 while he was in prison. The fire was believed to have been intentionally set. The house was unoccupied and there were no injuries. The alleged arson is still under investigation by the Miami County Sheriff’s Office.