Kiser faces possible three years for failure to comply


By Meladi Brewer

GREENVILLE — Kirt M. Kiser entereda not guilty plea in the Darke County Common Pleas Court. Judge Jonathan P. Hein presided.

Kiser, 29, of Greenville, entered a not guilty plea to the sole count of failure to comply with the order or signal of a police officer, a felony of the third degree. If found guilty, he faces up to three years incarceration and up to $10,000 in fines.

State Prosecuting Attorney Kelly Ormsby spoke to the court regarding bail saying “the state’s concern is that he was involved in a pursuit around Greenville. He did not stop and ended up striking the emergency room at the hospital before allegedly striking two cruisers.”

Ormsby said while the court is trying to figure out what Kiser’s medical condition is, they would recommend a $15,000 bond to ensure the safety of the community. In the police reports, Kiser was allegedly involved in a pursuit that started at the 1500 block of Wagner Avenue and traveled around Greenville for several minutes before it was taken over by other officers.

During the pursuit, the report stated he was driving recklessly, flipping officers off, he allegedly ran red lights that were heavily populated with motor vehicles, crushed into two cruisers and the hospital emergency room, and he hit a cement pillar, breaking it completely off the sidewalk before driving through a plastic barricade that the hospital had set up before continuing the pursuit.

Judge Hein set a $7,500 bond and ordered his staff to retrieve Kiser’s medical records to ensure proper medication and treatment is being administered. Alex Pendl was appointed to the case, and Kiser’s next appearance will be Nov. 10.

Tyler R, Houston, 35, of Union City, entered a not guilty plea to possession of methamphetamine, a felony of the fifth degree. He currently is serving an ILC in Montgomery County for the same type of charge.

Judge Hein granted Houston a personal recognizance bond in order for him to have his freedom to clear the charges in Montgomery County before Darke County can intervene, as Montgomery County currently has a warrant out for Houston’s arrest.

Rocky L. Yoder, 43, of Greenville, entered a change of plea to the amended charge of attempted trafficking, a felony of the fourth degree. Yoder faced a maximum of 18 months incarceration and a $5,000 fine, all of which were not mandatory.

Due to his long history of being in and out of the jail, Judge Hein granted Yoder probation for 60 months because he has shown significant behavior changes. Defense Attorney David Rohrer said he has worked with Yoder for a number of years, and he has always been easy to deal with and talk to. Rohrer said Yoder would be a good candidate to stay on probation as he is currently enrolled and attending college in pursuit to advocate for addiction and to help others who were like him make strides in sobriety.

If Yoder fails to comply with community supervision he can face zero to 18 months incarceration.

Phillip L. Newman, 47, of Dayton, entered a not guilty plea to possession of methamphetamine, a felony of the third degree. Police reports state he allegedly was in possession of an over-bulk, but the bulk was also less than five times. If found guilty, he faces up to three years incarceration and anywhere from $7,500 to $15,000 in fines. His next appearance date is Nov. 10 for arraignment.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].

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