Issuu on Google+ CMYK CMYK THE BROWN COUNTY PRESS Serving Brown County, Ohio since 1973 Vol. 37 No. 44 Sunday, June 13, 2010 One dead, one missing as two boys swept away The body of eight year old Blake Devercelly has been recovered from the banks of Bullskin Creek. It was found on banks of Bullskin Creek near Smiths Landing Road around 11 a.m. about a mile inside Clermont County. The body of his 11 year old brother Justin had not been recovered at press time. The boys were last seen Wednesday afternoon heading to the creek to watch the water rise after a heavy rain. They were reported missing around 4 p.m. by their babysitter on Dunbar Road in Brown County. Brown County Chief Deputy John Schadle said the body of Blake was found about a mile and a half downstream of where the two presumably went into the water. Schadle said it was likely the body became snagged on branches near the bank and became visible as the water receded. Brown County Sheriff Dwayne Wenninger said about 30 searchers were combing the area for the body of the second child. Schadle said the creek rose ten feet in just a couple of hours Wednesday after four inches of rain fell in that period of time in the area. Laura Penick has lived in the area for three years. She said the creek is wellCONTINUED ON PAGE 10 The Brown County Press/WAYNE GATES Searchers comb Bullskin creek Thursday afternoon for the body 11 year old Justin Devercelly. The body of his 8 year old brother Blake was found about a quarter of a mile downstream. Real Estate Tax bills go out without due date...but still due BY Wayne Gates The Brown County Press There is a small problem with the second half Brown County real estate tax statements that were recently mailed out. County Treasurer Connie Patrick said the statements were mailed without a due date. That doesn’t mean that property owners can choose when to pay the taxes though. “The last day to pay the taxes without penalty is July 7 this year”, Patrick said. Patrick added that the missing due date was due to a printing error and that additional information was being prepared The Brown County Press/WAYNE GATES Sarah Clemens listens to Common Pleas Judge Scott Gusweiler during her plea hearing. At left is her attorney, Aaron Moss. Clemens pleads guilty, will testify in death penalty cases BY Wayne Gates The Brown County Press Sarah Clemens has made a deal with the Brown County Prosecuting Attorney’s Office. She pleaded guilty to one charge of obstructing justice on June 9 in the cases against capital murder suspects Joseph Hensley and Dallas Tincher. Hensley and Tincher are both facing the death penalty in separate trials. The agreed upon settlement was for Clemens to serve six months of a two year sentence. Part of Clemens’ agreement with prosecutors is that she testify against the two men “as necessary” and repeat her testimony before a Brown County Grand Jury on June 17. If she does so to the satisfaction of the prosecutors office, that office will continue to rec- ommend the negotiated sentence to Common Pleas Court Judge Scott Gusweiler. Gusweiler declined to sentence Clemens on June 9 and scheduled a pre-sentencing investigation. Clemens is scheduled to be sentenced July 6 after Gusweiler has had a chance to review the results of the presentencing investigation. CONTINUED ON PAGE 6 Index Cain sentenced to Classifieds........Page 17 Court News......Page 14 Death Notices ....Page 7 Education.....Pages 8, 9 Opinion ..............Page 4 Social..................Page 8 Sports ........Pages 11-13 Where to find us CMYK Phone (937) 444-3441 Fax (937) 444-2652 219 South High St. Mt. Orab, OH 45154 Sun Group NEWSPAPERS three years for GSI Brown County Court of Common Pleas Judge Scott T. Gusweiler sentenced Jonathan Cain, 23, to three years prison for Gross Sexual Imposition on June 1. A jury found Cain guilty on May 12. Following the verdict, Judge Gusweiler remanded Cain to the Brown County Adult Detention Center to await sentencing. The Probation Department completed a pre-sentence investigation prior to the June 1 hearing. Judge Gusweiler sentenced Cain to a mandatory prison term of three years. Judge Gusweiler classified Cain as a Tier II Sex Offender. He will be required to register as a sex offender with the sheriff’s office. Judge Gusweiler further ordered five years post release control by the Adult Parole Authority upon Cain’s release from prison. to mail to property owners regarding the due date. Patrick also issued a press release with payment options and other information for taxpayers. Payments can be mailed with a postmark on or before July 7 to Patricks’ office, located at 800 Mt. Orab Pike, Suite 171, Georgetown OH 45121. Payments can also be made in person at the Treasurers office. Payments will also be accepted at the following locations until July 7: Integra Bank in Ripley and Aberdeen. Fifth Third Bank in Georgetown and Russellville. First Safety Bank in Georgetown. Merchants Bank in Mt. Orab, Georgetown and Higginsport. National Bank and Trust in Georgetown, Mt. Orab and Sardinia. NCB in Fayetteville. First State Bank in Georgetown, Mt. Orab and Ripley. Taxpayers who choose to pay at one of the regional locations must present their entire real estate tax bill and pay the correct amount due. Those who mail their payments and wish a receipt must CONTINUED ON PAGE 6 Appeals Court upholds ruling in Washington Twp. condo case BY Wayne Boblitt The Brown County Press The United States Court of Appeals for the Sixth Circuit upheld on June 4 another court's dismissal of a lawsuit against Washington Township by a property developer who had wanted to construct condominiums in that township. That other court, the United States District Court for the Southern District of Ohio at Cincinnati, had granted on April 7, 2009, Washington Township's motions for judgment in the pleadings and summary judgment. The District Court had dismissed all the claims of plaintiff White Oak Property Development, L.L.C., with prejudice, which means those claims cannot be brought forth before that court again, except for the plaintiff's state law claims alleging conspiracy and a violation of the Ohio Revised Code. The District Court dismissed the state law claims without prejudice, meaning a new suit could be filed on those claims. The U.S. Court of Appeals, in a 19-page opinion filed June 4, upheld the District Court's action from more than a year ago. Background Of Case Given Dayton-based HBS Development Inc. is the parent company of White Oak Property Development, L.L.C., CONTINUED ON PAGE 6 B R O A D S H E E T O D D Ruby's opens for business in Aberdeen BY Wayne Boblitt The Brown County Press Aberdeen residents and motorists traveling through that Southern Brown County village have an additional restaurant now where they may please their palates. Ruby's, a family restaurant with a varied menu including country cooking selections, opened June 5 in the Aberdeen building along U.S. 52-62-68 formerly occupied by Brown's Restaurant, which closed in 2008. Ruby's owner Ruby Riggs certainly brings an impressive resume of food service experience to the new eatery. Riggs used to own Wayside Inn in West Union and Caproni's Restaurant in Maysville, Ky. as well as Ruby's Garden Cafe in CONTINUED ON PAGE 6 The Brown County Press/WAYNE BOBLITT Ruby's Restaurant owner Ruby Riggs stands by the salad bar in her new Aberdeen eatery. CMYK BY Wayne Gates The Brown County Press

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