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Thread: Anthony L. Stargell Sentenced to LWOP in 2012 OH Slaying of Tommy Nickles

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    Anthony L. Stargell Sentenced to LWOP in 2012 OH Slaying of Tommy Nickles


    Tom Nickles (center) with his dog, Rusty; and brothers Darrell Nickles (left) and Randy Nickles. Tom Nickles and his pet were both shot to death in an apparent robbery at Nickles' business in Dayton.




    Death penalty sought against homicide suspect


    The State of Ohio announced Tuesday that it will pursue the death penalty against a man accused in the slaying of a business owner found dead inside a burned garage in April.

    Anthony L. Stargell Jr. was arrested April 11 and is accused of shooting and killing 54-year-old Tommy Nickles before setting a fire inside 838 S. Main St. April 3. Nickles, of Kettering, died from multiple gunshot wounds and was found in a garage where he ran Quality One Electrical Service.

    A Golden retriever that had been shot to death also was found in the building, police said.

    Stargell committed the murder just one month after being released from prison on a robbery conviction, according to the prosecutor's office. In addition to muder, Stargell is accused of robbing the victim, vandalizing the business, removing video surveillance equipment, shooting and killing the victim's dog and setting fire to the business, according to a release.

    Police said they continued to review additional information and evidence after Stargell was indicted April 27, and it was determined the case was appropriate for death penalty specifications, according to the prosecutor's office.

    "This defendant coldly killed his victim and his dog. As in any death penalty case, it is never an easy decision to seek the death penalty specifications, but in this case it is appropriate and warranted," said Prosecutor Mat Heck, Jr. in a news release.

    Stargell has been indicted on three counts of aggravated murder, two counts of aggravated robbery, two counts of aggravated burglary, one count of felonious assault, one count of grand theft of a motor vehicle, one count of aggravated arson, two counts of tampering with evidence, one count of having weapons while under disability and one count of cruelty to companion animals.

    Bond has been set at $1,000,000. Stargell is scheduled to be arraigned June 5.

    http://www.whio.com//news/news/local...suspect/nPMDW/
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    Guns recovered from shooting of former Portsmouth man

    The Montgomery County Sheriff says a raid on an illegal gun-selling operation ties in with the death of a former Portsmouth man. The family of Tommy Ray Nickles has been informed that of 35 guns confiscated in a search warrant at the home of 50-year-old Dwight Stargell, three were used in the murder of Tommy Nickles, 54, on April 3 of this year.

    According to a story on WDTN TV 2 in Dayton, The Range Task Force said they recovered 35 guns, nine of which were stolen, and three used in Nickles murder. Agents said they have been buying guns from Dwight Stargell since December of 2011. Anthony Stargell, 20, related to Dwight Stargell, faces the death penalty in the death of Nickles, whose body was found in his burned-out garage. They say they also found cocaine and marijuana when they served a search warrant at Stargell’s home on April 19, but that Dwight Stargell, Sr. had continued to sell guns and drugs even after that search warrant was executed.

    “These guns are going to criminals on the streets, it makes the citizens of Dayton uneasy and doesn’t make them a real safe place for them to live,” ATF agent Scott Chard, said on a TV 2 news story. Stargell is charged with being a felon in possession of a firearm and dealing firearms without a license, among other things. He faces up to 50 years in prison.

    The body of Tommy Ray Nickles, brother of former Portsmouth City Wastewater Director Randy Nickles, was found when firefighters were called to extinguish a blaze in his garage at his business, Quality One Electric, on South Main Street in Dayton, in the early morning of April 3. Police said Nickles and his golden retriever, Rusty, were both shot before the building was set on fire.

    Within days Dayton Police arrested Anthony Stargell for murder.
    A surveillance camera in the vicinity of the garage might have captured the murder and fire, but police say the suspect apparently took the security system. Nickles’ work van was also stolen, but later recovered.
    Police have not explained the use of three guns in Nickles’ death.

    http://portsmouth-dailytimes.com/boo...Portsmouth-man
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    April 5, 2013

    Gun, drug trafficker pleads guilty in federal court

    By Mark Gokavi - Staff Writer – Dayton Daily News

    A major gun and drug trafficker in Dayton found with 35 firearms in a raid last year, including a gun allegedly used to kill a Dayton businessman, pleaded guilty Friday to three felony counts in district court.

    Dwight E. Stargell Sr., 50, once a member of the United States Army, will be sentenced July 17 in Southern Ohio District Court Judge Thomas M. Rose’s courtroom. Assistant United States Attorney Brent Tabacchi said that as part of the plea agreement, 11 of the 14 counts on the federal indictment will be dropped.

    Rose said that if he imposed the maximum sentences for each count consecutively, Stargell could face up to 35 years in prison and fines of more than $1.5 million. Stargell’s attorney, Thomas Manning, calculated his client’s advisory range — a formula including many factors to aid in sentencing — at between 135 and 168 months. Rose has discretion to sentence in, above or below that range.

    Stargell pleaded guilty to knowingly possessing a firearm in and affecting interstate and foreign commerce (10 years maximum), possession of cocaine with intent to distribute (20 years max) and dealing firearms without a license (5 years max).

    An investigation by the Montgomery County Regional Agencies Narcotics and Gun Task Force (RANGE) and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives found the weapons at Stargell’s residence at 223 Ardmore Ave. in Dayton.

    One of the weapons found at his home authorities allege was used by his nephew, Anthony Stargell, in the killing of Dayton business owner Tommy Nickles last April. Tabacchi said Dwight Stargell’s federal case is separate from Anthony Stargell’s case.

    Anthony Stargell, 21, faces murder charges in a death penalty case in Montgomery County Common Pleas Court. Police say Anthony Stargell shot Nickles and Nickles’ golden retriever to death in an apparent robbery on April 3 and then set the garage on fire in an attempt to cover up the crime.

    The firearms found at Dwight Stargell’s residence were mostly handguns, but also included a sawed-off shotgun, two assault rifles with high-capacity magazines and other rifles and shotguns. “That will rip through your car, your vest, everything,” RANGE field commander Sgt. Mike Brem said last year about one of the rifles.

    A confidential informant advised an ATF Special Agent in late 2011 that Dwight Stargell was involved in drug trafficking and also sold guns, once offering to sell a pistol to the informant. The special agents affidavit said the informant purchased that weapon and others plus drugs during the next few months. The nine-month investigation wrapped up in an April 19, 2012 raid at Stargell’s home.

    The affidavit said Stargell admitted to owning all the drugs and weapons and that he had them to protect himself “because he has lived a violent lifestyle.”

    http://otfca.net/2013/04/gun-drug-tr...federal-court/

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    Jury selection starts in rare death penalty case

    Jury selection began Monday in the death penalty murder trial of Anthony Stargell Jr., who is just the fourth defendant since 2001 to face a capital murder trial jury in Montgomery County Common Pleas Court.

    The rare death-penalty jury selection process started with four panels of nearly 60 people per panel being questioned by Judge Gregory Singer.

    Singer questioned potential jurors about their availability for a four-week trial and if they had any physical, medical, mental health issues or if such a trial would cause financial or personal hardships that could not be overcome. Court officials said most of the rest of the week will focus on death-penalty related questions and that regular voir dire questions would begin late this week or next Monday.

    Stargell is accused of murdering Dayton businessman Tommy Nickles and his dog in 2012. His trial was to start earlier this year, but an attorney had a medical situation that delayed the trial.

    The other most recent defendants to be tried by jury in death-penalty eligible cases include:

    China Arnold: She had trials in February 2008, September 2008 and May 2011, ultimately being sentenced to life in prison after being convicted for murdering her 28-day-old daughter Paris Talley by placing her in a microwave and “cooking” her in August 2005.
    Duane Short: He had a trial in May 2006 and was found guilty and sentenced to death for killing his estranged wife, Rhonda Short, and her friend Donnie Sweeney.
    Larry Gapen: He was found guilty and sentenced to death in 2001 of the murders of his estranged wife, Martha Madewell, her former husband, Nathan Marshall, and Madewell’s 13-year old daughter, Jesica Young, in September 2000.

    Other defendants since 2001 have started out being prosecuted as death penalty cases, but have had death penalty specifications dropped before trial in plea agreements. Those cases have then been heard in front of three-judge panels in one-day, non-capital punishment trials.

    Stargell, 23, is accused of shooting Nickles and Rusty, his golden retriever during an apparent April 2, 2012 robbery attempt at Quality One Electric at 838 S. Main St. in Dayton. Stargell also is accused of setting the business on fire, grand theft auto and taking surveillance equipment, among 22 total counts.

    His client should not be facing the death penalty, said Dennis Lieberman, Stargell’s defense attorney. Instead, prosecutors are using Rusty’s death during the alleged crimes to unduly prejudice jurors, the attorney said.

    The court has issued a gag order in the case, preventing both sides from speaking with the media. Before the docket was removed from public view, defense attorneys renewed several motions.

    Two of those motions were to remove the trial from Montgomery County due to excessive pretrial publicity and to remove the cruelty to animals count from this trial. Singer denied both motions.

    http://www.daytondailynews.com/news/...ty-case/ng467/
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    Lawyer: Death penalty murder defendant acted in self-defense

    Anthony Stargell Jr.’s attorneys said Stargell did shoot and kill Tommy Nickles, but that Stargell did so in self-defense.

    A Montgomery County Common Pleas Court jury heard opening arguments Monday in the death penalty-eligible murder case against Stargell, 23, of Dayton. Stargell’s been indicted of killing Nickles and Nickles’ dog Rusty during an apparent robbery attempt on April 2, 2012, at Quality One Electric, 838 S. Main St. in Dayton. Stargell also is accused of setting fire to the business, grand theft auto and taking surveillance equipment, among 22 total counts.

    “What is very much in dispute are the circumstances that led to the shooting and whether Anthony is guilty of aggravated murder and the other charges brought against him as a result of those circumstances,” defense attorney Marshall Lachman told 12 jurors and four alternates during opening statements.

    “What this case ultimately comes down to, the evidence will establish, at the time, just moments before Anthony shoots Tommy Nickles in an office that you can see is full of guns, that Tommy Nickles is reaching for something in the desk. It is precisely at the moment that Tommy Nickles is reaching for something on the desk, Anthony shoots Tommy Nickles.”

    Prosecutor Daniel Brandt told jurors that Stargell fired two shots into Nickles’ head and then fired once at Nickles’ dog and tried to fire again but that the gun jammed.

    Brandt said Stargell lied repeatedly to police about knowing Nickles, having been to the business or shooting or killing anyone. Brandt said Stargell tried to pull out wires connected to surveillance equipment, called a cousin to help him wipe down fingerprints with towels and that the .40-caliber handgun and other guns from Nickles’ business were found at Stargell’s uncle’s residence. Stargell’s uncle is serving a federal prison sentence for arms dealing.

    “Ladies and gentlemen, at the conclusion of this trial, once you’ve heard the evidence and heard the testimony,” Brandt said. “We’ll ask you to find this defendant guilty on all charges and specifications.”

    In order to consider whether Stargell could face the death penalty, the jury must find Stargell guilty of aggravated murder — meaning they must find that Stargell killed Nickles while committing or attempting to commit aggravated robbery, aggravated burglary or aggravated arson.

    http://www.daytondailynews.com/news/...-in-sel/ng8km/
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    August 29, 2014

    Prosecution to rest in Stargell's death penalty case

    DAYTON — Prosecutors likely will rest their case Tuesday in the Anthony Stargell Jr. death penalty murder trial.

    Testimony wrapped up before 11 a.m. Friday and Montgomery County Common Pleas Judge Gregory Singer released the jury for the holiday weekend.

    Stargell, 23, of Dayton, is facing death-penalty eligible murder counts for allegedly killing Tommy Nickles at his business, Quality One Electric, 838 S. Main St., on April 2, 2012. In all, Stargell is facing 22 charges that include attempting to set fire to Nickles' business, grand theft auto and taking surveillance equipment.

    The prosecution's last witness Friday was Dr. Robert Shott of the Montgomery County Coroner's Office. Shott testified about the angle and manner that the two bullets entered Nickle's body. Nickles, 54, died early in the morning April 3, 2012. The unpacking of Nickles' shirt from evidence packages caused an odor in the courtroom leading to an extended break.

    The morning session ended with both sides discussing exhibits to be presented to the jury. Singer had not ruled on some defense motions as of early Friday afternoon.

    A prosecution witness earlier this week talked with both Stargell and Nickles the day of the killing.

    "I kill people for a living. That's what I do. I'm a killer. For $100, I will kill anybody. For $125, I will put a bullet between your eyes," the witness said Stargell said hours before Nickles died.

    The witness, who is not being identified for her protection, also testified that Stargell introduced himself to her as "Sam" hours before the killing, and told her he went to Nickles' business because somebody had robbed Nickles earlier.

    On Wednesday, jurors saw surveillance video of what prosecutors said was Stargell shooting two shots into Nickles' head at close range and also shooting Nickles' dog, Rusty. Defense attorneys have admitted Stargell pulled the trigger but contend he did so in self-defense.

    The trial is expected to last up to a month. If Stargell is found guilty of aggravated murder specifications, there will be a penalty phase for jurors to determine whether he should be put to death.

    http://www.daytondailynews.com/news/...ty-case/nhCJk/

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    Death penalty case goes to jury

    Closing arguments concluded Wednesday in the capital murder trial for a man accused of killing a Dayton business owner and his dog.

    The fate of Anthony Stargell Jr., 23, of Dayton, now rests in the hands of the jury.

    Stargell faces death-penalty eligible murder counts for reportedly killing Tommy Nickles, 54, at his business, Quality One Electric, 838 S. Main St., on April 2, 2012. Stargell is facing more than 20 charges that include attempting to set fire to Nickles’ business, grand theft auto, taking surveillance equipment and killing Nickles’ dog, Rusty.

    The prosecuting and defense attorneys’ comments came a day after Stargell took the stand in Montgomery County Common Pleas Court, in his own defense. He testified that Nickles was “reaching for the gun” and that “I thought I was about to be get shot, you know, killed” just before Stargell allegedly shot Nickles twice in the head.

    The jury got the case Wednesday evening from Judge Gregory Singer and were scheduled to deliberate before being sequestered at an area hotel.

    After prosecutors rested their case Tuesday morning, Stargell was sworn in as the only defense witness. He described how he and Nickles had an agreement to sell drugs.

    Stargell also testified that the shooting came after Nickles accused him of “getting over” on him and that he had a “weird feeling” Nickles was reaching for a gun — Stargell said he’d seen a Colt .45 on the desk weeks earlier — besides the Derringer already on Nickles’ desk. Stargell also testified that Nickles had just said he was done being crossed by Stargell.

    Stargell gave Nickles free drugs, and his store was a front for Stargell’s drug dealing business, the defendant testified, adding that they were expecting a two-pound shipment of methamphetamine worth $200,000 the night Nickles died. “If I’m robbing him, I’m pretty much robbing myself,” Stargell said.

    Both prosecutors and defense attorneys showed pictures of surveillance video that captured Stargell in Nickles’ store.

    Prosecutor Dan Brandt showed a picture from the surveillance video footage that showed Stargell holding a gun at close range to Nickles’s head in his rebuttal to earlier defense attorneys comments that Stargell shot Nickles in self defense.

    In the picture that Brandt showed, Nickles was seated and looking away from an armed Stargell.

    “There was no reason to shoot two rounds into someone’s head, but to kill them,” said prosecutor Robert Deschler.

    Stargell’s defense attorney Dennis Lieberman showed a picture that he said showed Nickles possibly reaching for a gun that at times was hidden from the surveillance camera’s view.

    Lieberman then argued that Stargell removed items from the store and attempted to set fire to the business to destroy evidence, not because he was trying to rob Nickles.

    “He knew that nobody would believe him if he claimed self-defense,” Lieberman said, referring to why Stargell did all those things.

    http://www.daytondailynews.com/news/...to-jury/nhFdj/
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    Man could face death penalty in Dayton slaying

    A jury will recommend to a judge whether a 23-year-old Dayton man should get the death penalty for killing another man with two close-range shots to the head in 2012.

    The same jury convicted Anthony Stargell Jr. on Thursday of aggravated murder and other charges following a lengthy trial.

    The Dayton Daily News (http://bit.ly/WkaeNy ) reports the panel will return on Monday to begin hearing evidence to determine if execution or life in prison is appropriate for Stargell.

    Stargell was convicted of killing Tommy Nickles at Nickles' Main Street business, Quality One Electric, on April 2, 2012. He faced nearly two dozen charges including that he tried to set fire to the business.

    Jurors were shown surveillance video that captured the killing of Nickles and his dog.

    http://www.fox19.com/story/26455885/...dayton-slaying
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    Stargell jury reaches decision in death penalty case

    DAYTON — The jury recommended life in prison without the possibilitiy of parole.

    Judge Gregory F. Singer set Stargell's sentencing for Oct. 7.

    With the jury's recommendation, the judge cannot consider the death penalty as an option.

    Defense Attorney Dennis Lieberman said the judge has put a gag order in place and he will not comment until the sentencing takes place.

    http://www.whio.com/news/news/crime-....Fxt2ZCta.dpuf
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    Man gets life in prison for southwest Ohio slaying

    DAYTON, Ohio (AP) — A judge has sentenced a Dayton man convicted of killing another man and his dog to life in prison.
    A jury had found 23-year-old Anthony Stargell Jr. guilty of aggravated murder and other charges last month following a lengthy trial. Stargell, who was eligible for the death penalty, was sentenced Tuesday in Montgomery County Common Pleas Court to life in prison without parole.

    Stargell was convicted of killing Tommy Nickles at Nickles' Main Street business, Quality One Electric, on April 2, 2012. Prosecutors say Stargell also killed Nickles' golden retriever and set his business on fire.

    A message left with Stargell's attorney after business hours wasn't immediately returned.

    http://www.houstonchronicle.com/news...ng-5807561.php

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