Greenville man acquitted by jury


Penkal, 38, found not guilty of felony rape

By Melanie Yingst - myingst@civitasmedia.com



MIAMI COUNTY — A Miami County Common Pleas Court jury deliberated for more than nine hours and found Timothy Penkal, 38, of Greenville, not guilty of first-degree felony rape on Thursday.

The trial began on Tuesday with Judge Christopher Gee presiding. The case was closed for deliberations at 2 p.m. Wednesday. The jury reconvened at 9 a.m. Thursday and submitted their unanimous vote of not guilty decision around noon Thursday.

Penkal was represented by defense attorney Patrick Mulligan of Dayton. Miami County Assistant Prosecutor Janna Parker represented the state of Ohio and the victim, who was under the age of 13 at the time the alleged offense occurred.

The jury heard witness testimony from the female victim, now 14, the reporting party and Piqua Police Department Officer Christopher Yingst.

In other court news:

Miami County Common Pleas Court Judge Christopher Gee ordered a Dayton woman to serve 60 days in jail Thursday as part of her community control violation for stealing money from her elderly father.

Diane Stephens, 55, of Dayton, entered a plea of guilty for fifth-degree forgery for writing checks from her father’s account for approximately $900 last year. One of the checks stated “Happy Birthday” and another was for “Storage,” according to the check memo in the report.

The victim lived in Troy and reported the theft to the Troy Police Department in 2016.

“Who would steal from their elderly parent?” Judge Gee asked Stephens.

Stephens claimed she was caring for her father who has dementia and the money she stole was to support her drug addiction. Stephens said she’s been in treatment and receiving the opioid blocker Vivitrol.

Judge Gee ordered Stephens to have no contact with the victim, her father, or her son. He reserved 12 months in prison if she violates conditions of community control.

Stephen’s son Jeremy King, 33, of Moraine, was sentenced after his mother was incarcerated at the Miami County Jail.

King was sentenced to serve two years on community control for fifth-degree felony misuse of a credit card by Judge Gee. King stole his elderly grandfather’s credit card and used it to buy pre-paid credit cards from Dollar General.

King was also ordered to have no contact with his grandfather, the victim, or his mother. Judge Gee reserved 11 months in prison if King violates community control.

Penkal, 38, found not guilty of felony rape

By Melanie Yingst

myingst@civitasmedia.com

Follow Melanie Yingst on Twitter @Troydailynews

Follow Melanie Yingst on Twitter @Troydailynews