MIAMI COUNTY — Two Tipp City men were sentenced Monday for their role in connection with the assault and burglary of a Tipp City man’s home last November.
Carl Davis, 56, and Shay Wooley, 51, were both sentenced to serve 10 years in prison on first-degree kidnapping and aggravated burglary with a gun specification charges.
Davis entered guilty pleas in a plea agreement and Wooley entered a no contest plea and was found guilty by Miami County Common Pleas Court Judge Christopher Gee.
On Nov. 26, Davis and Wooley entered a home in the 700 block of Kyle Drive in Tipp City and assaulted the 62-year-old homeowner, tied him up and stole his van and guns. The victim was present during the sentencing hearing, but did not make a public comment. He submitted a letter to the court for consideration.
Davis, who had two prior prison terms, will serve all 10 years due to his prior record.
Wooley is mandated to serve one year due to the gun specification. The nine-year sentence from the two felony charges is not mandatory due to Wooley’s lack of a prior felony record. Both must split the payment of $3,553 in restitution to the victim. Both must serve five years of post-release control following their release. Both were credited 121 days in jail.
Both apologized to the victim in court.
Miami County Assistant Prosecutor Ryan Spitzer said the victim’s life has “forever changed” and “none of this was an accident.” Spitzer also said Wooley was the “mastermind” of the incident and said he continued to manipulate others involved in the case after his arrest.
Judge Gee said the victim clearly suffered and continues to suffer from psychological damage from the incident. Gee called the incident “heinous.” Gee also said the court found Wooley’s explanations and attempt to place blame on other factors “ridiculous” and concerning.
A third suspect, Kimberly Fannin, was also arrested later in connection to the case on charges of felony aggravated robbery and theft charges. She pleaded guilty to a bill of information charging her with fifth-degree receiving stolen property. She will be sentenced on April 9.
According to the police investigation, the defendants stole the items to purchase drugs in Dayton.
The homeowner told police that he was home alone cutting his hair when the two suspects, both wearing hooded sweatshirts, entered his home. One of the men struck him in the head with an ax, bound his hands and legs with duct tape, and left him in the living room.
He told police he noticed that they had stolen several of his firearms and possibly one or more of his cars. Police confirmed that a gun safe had been emptied and that a Dodge Grand Caravan had been stolen.
In other court news:
Troy man’s trial for alleged rape continued
A motion to continue the trial set for Henry Lucas Jr. was held on Monday. The prosecutors filed the motion due to two witnesses not being able to attend the current jury trial set to begin on April 4. The trial date will be set for the month of July. Lucas did not appear in court.
Lucas allegedly violated a protection order and contacted the victim’s mother by text message on Feb. 18. A pre-trial was set for March 29 with Judge Samuel Huffman presiding.
Lucas was indicted by a grand jury on one count of first-degree felony rape and one count of third-degree felony tampering with evidence.
Last July, Lucas posted 10 percent of his $100,000 bond following his arraignment. Lucas entered a plea of not guilty to the charges.
Lucas was ordered to have no unsupervised contact with minors, the victim and the victim’s family.
Lucas has since filed three address change notifications with the courts from his original bond check address on Lake Street in Troy in July 2017.
According to reports, Lucas allegedly pinned a 15-year-old female victim against the wall and shoved his hand down the victim’s pants, sexually assaulted her by hand and then left the home. The victim stated she didn’t tell an adult until two months later. The alleged assault occurred in March 2017.