The last man charged for his involvement in a downtown riot nearly two years ago has been sentenced.
Joshua D. Miller, 22, of Sylvania, appeared Monday in the courtroom of Wood County Common Pleas Judge Molly Mack.
A nationwide warrant for Miller was issued in August 2021 after he was indicted for felonious assault and aggravated riot.
He was arrested Dec. 2 and released on an own recognizance bond.
Miller pleaded guilty in February to aggravated riot and an amended charge of aggravated assault, both fourth-degree felonies.
Defense attorney Lawrence Gold said he has looked at the video of the July 2011 event and while he couldn’t pick out Miller, his client said he was there.
“He acknowledges that he was there. I don’t think he was a prime instigator,” Gold said.
Miller has admitted to kicking a man in the head, Gold said.
“I think he’s a good candidate for community control,” Gold said.
Six men assaulted a man on the sidewalk in the 100 block of North Main Street at around 1:20 a.m. on July 11, 2021.
According to court documents, they punched him and knocked him to the ground. Once on the ground, they continued to punch, kick and stomp the man to the point of unconsciousness.
A group of four good Samaritans attempted to get the assailants off the man, and they were then assaulted, according to the indictment. A man sustained serious injuries after being slammed on his head on the sidewalk before being punched and kicked. This man suffered cracked and broken teeth, a jaw injury, bruised ribs and several gashes to his face and body, according to court documents.
The group also chased another Good Samaritan into the street and assaulted him. He was punched, kicked and his head was slammed into the ground.
Miller said he was sorry for what happened.
“I was in the wrong,” he said.
Mack, before issuing the sentence, said Miller was under supervision through Maumee Municipal Court at the time of this offense.
“This was a full-on riot involving several co-defendants and serious injuries to a couple of the victims,” Mack said.
She added there was serious lifelong damage done to the victims.
“You stepped forward and you kicked (one victim) when he was on the ground, kicked him in the face, then stood back,” she said.
The victim of the first attack was 27 years old at the time.
Mack sentenced Miller to 30 days in jail followed by two years of community control with the understanding he have no contact with the victim or any of his co-defendants.
Miller also must complete the youthful offender program.
Gold said his client tested positive for marijuana upon entering the courthouse, but that was due to his use of the drug to deal with back pain after suffering a serious injury.
As part of the sentence, Miller is not to possess a medical marijuana card and if he has one, not to get it filled while on community control.
Miller’s five co-defendants were sentenced last year.
Quentin Banks Jr., 21, Bowling Green, pleaded guilty to aggravated riot and two amended counts of aggravated assault, all fourth-degree felonies. He was sentenced in April 2022 to two years of community control and enrolled in the SEARCH program held at the NorthWest Community Corrections Center in Bowling Green. The program uses evidence-based treatment strategies to help individuals make healthier decisions.
Paul Somerville, 21, of Bowling Green and currently in the North Central Correctional Institution in Marion, pleaded guilty to aggravated riot and two amended counts of aggravated assault, all fourth-degree felonies. He was sentenced in February 2022 to 24 months in prison.
Dominic Haslinger, 20, Toledo, was sentenced in March 2022 to two years of community control after pleading guilty to the charge of aggravated riot and the amended charge of aggravated assault, both fourth-degree felonies.
A petition to revoke his community control was filed after he tested positive for marijuana at a April 27, 2022, meeting with adult probation. In July 2022, he was sentenced to serve an additional 14 days in jail and enter the intensive supervision probation program.
A second petition was filed after he again tested positive for marijuana use at a Jan. 11. He was arrested on Jan. 12 and bond was set at his own recognizance.
A warrant for his arrest was issued April 24 after Miller was a no-show four appointments with adult probation. Numerous attempts to contact Miller were unsuccessful,
The community control violation hearing is scheduled for May 15.
Diego R. Shumate, 21, Sandusky, was sentenced in February 2022 to 45 days in jail and was placed on community control for two years after pleading guilty to aggravated riot and the amended charge of aggravated assault.
Isiah Harrison, 23, Bowling Green, was sentenced in October 30 days in jail followed by two years of community control after pleading guilty aggravated riot, a fourth-degree felony, and two amended charges of assault, both first-degree misdemeanors.
