HighView Hills

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Before Harry Devon Change His Life From Selling:

In The City of Dayton Ohio Devon was known to some as quiet

- to others as crazy and deranged. Devon stated that in his

mind he was the only criminal.The faucet of the streets,

led him to hanging around dope dealer's and slanging dope

on the streets of Palmerston And Highview hills. On The

west side of Dayton, the year's of 97 - 98 - 99 - 2000 -

2001 - 2002. High View Hills was a high crime area with

heavy dope activity.

Devon states the cops was always coming threw,Before Harry Devon Change His Life From Selling: he states that

he remember's being on the block with one of his boys, and

they was communicating with a purchaser - Devon was lanced

off to the side not really paying attention - until his

boy yelled out five - o - and they both started running and

running until they made it behind some apartments on

Keturah Avenue Dayton Ohio.

The cops new who they were, they had came threw undercover

with marked flash money. Devon states that's one of the

many, many drug related crimes which led to one of his

boys house being boarded up and shut done on dope charges.

He also states he never really sold drugs. He states he

just knew a-lot of dope boys - he like to call it; Dope

boys from all kinds of neighborhoods,In Dayton &

surrounding area's.

Below is some news articles about High

view hills sponsored by Dayton Daily News.

Suspects may face U.S. charges

Both men arrested in Highview Hills shootings have felony records

BYLINE: Kelli Wynn kwynn@DaytonDailyNews.com

DATE: April 20, 2005

PUBLICATION: Dayton Daily News (OH)



DAYTON � Police are seeking federal charges against two Dayton men arrested after Monday's shooting in the Highview Hills neighborhood that left several houses riddled with bullets and residents ducking for cover. "They were shooting at no one in particular," Lt. John Huber said Tuesday.

The men, ages 19 and 24, were taken to the Montgomery County Jail pending the filing of felony charges of carrying a concealed weapon, having weapons under disability from a previous conviction, possession of criminal tools and drug possession, police said.

Both men, convicted felons, were wearing bullet-proof vests and were carrying firearms, Huber said.

According to Ohio law, no one under indictment, charged or convicted of a felony that involves trafficking in drugs or similarly charged with a misdemeanor offense of violence or negligent assault can own a handgun, according to Attorney General Jim Petro's Office.

Police arrested the 19-year-old about 7:05 p.m. in the 800 block of Conners Street after a brief foot chase. He matched the description of the Highview Hills shooter, and police spotted him on Bancroft Street as the passenger on an all-terrain vehicle. It nearly wrecked and that's when the man got off and ran. The person driving the ATV eluded police.

The 19-year-old had a High Point .45-caliber handgun in his pocket, nine rounds in the magazine and a round in the chamber, according to a police report. Officers also found 9.61 grams of crack cocaine in his rear pants pocket.

The 24-year-old was arrested in the 3000 block of Nicholas Road about 40 minutes after the first man, the report said. He had a semiautomatic pistol with a 30-round clip and a flash suppressor that fits over the muzzle to hide the flash that is seen when the weapon is fired, Huber said.

The bullets used are playing a role in the decision by police to pursue federal charges because the bullets would have to have been obtained out of state, Huber said.

Since January, Dayton police have arrested as many as 82 adults and nine juveniles on charges of carrying concealed firearms, Huber said.

The police department's Third District, which is where Highview Hills is, has arrested approximately 20 adults for the felony charge.

Police have not determined the reason for the shooting in Highview Hills, Huber said.

Police dispatchers began receiving phone calls at 6:30 p.m. about shots being fired. Most of the calls came from homes in the 3500, 3800, and 3900 blocks of Palmerston Avenue.

Some of the callers told police the shooters were firing weapons while riding on "four-wheelers and mopeds."

Police received at least six calls about shots being fired in the 3800 block of Palmerston and at least two houses on the block were hit by bullets. Police found five bullet holes in the east side of one of the houses and a bullet lodged inside a plastic grip handlebar of a girl's bicycle outside another house. According to the police report, the resident of the home told police "she heard the shots and began to fall on the floor, protecting her young child."

A bullet that went through the living room of a house in the 3800 block of Palmerston came to rest inside a curio cabinet, the report said. One of the residents in that home dropped to the floor and crawled to a back room for safety, the report said.

Police found approximately 34 bullet casings and bullets in the street, sidewalk and the grass, the report said. Most of the casings were found in between 3813 and 3821 Palmerston.

Shots were also heard in the 2900 block of Marsha Lane, the 2900 block of Millicent Avenue, and the 2000 block of Nicholas Road. At least one house was hit by a bullet in the 3000 block of Nicholas, the 1500 block of Almore Street, the 3800 block of Alvin Avenue and the 2900 block of Wilson Avenue.

Contact Kelli Wynn at 225-2414.

Copyright, 2005, Cox Ohio Publishing. All rights reserved.





DATE: June 25, 1991

PUBLICATION: Dayton Daily News (OH)




Neighbors on Highview Hills Road first thought the commotion at Diane Barber's home just before midnight on Feb. 6 was a domestic squabble. They quickly realized they were wrong.

Bloodied and beaten, Diane Barber had had her clothes torn off. One neighbor said he saw the 29-year-old mother dragged back through a glass window she had been thrust partially through. Then she darted out her kitchen door to escape the five armed intruders who had burst into her home. "And as she ran, this defendant," assistant prosecutor Angela Frydman said as she pointed at Derrick Lamont Culpepper, "raised his rifle and shot her in the back."

Barber died on the front steps of her neighbors' home at 2614 Highview Hills Road. Deputy coroner Dr. David Smith testified in Montgomery County Common Pleas Court on Monday that a single bullet struck Barber's back, nicked a lung and pierced her heart.

Culpepper, 19, remaining impassive in court, asked Judge Richard S. Dodge to hear the case without a jury. If convicted of the most serious charge, aggravated murder, Culpepper could be sentenced to life in prison.

As she lay dying on David L. "Bobby" Taylor's doorstep, Taylor said he opened his door and saw her. Taylor, his brother, Claude, and several others were in the house and had heard the noise at Barber's.

"Me and my brother thought her and her boyfriend was into it," Claude Taylor said, "so we didn't want to get involved."

Bobby Taylor said he heard a window crash, and the brothers opened their door facing the other home, about 15 feet away. "We seen a person in the window - we seen a person more or less snatched back inside," Claude said. The two homes stand by themselves on that part of the street.

After seeing somebody flee from the house, the brothers said they decided to run down the road to the home of Barber's mother, Lula Barber, where they knew there was a phone.

"Somebody out there was groaning," Bobby said.

Bobby said he opened the door and saw Barber, in her muddied socks, lying on the sidewalk. "Her clothes was tore off her," Bobby said, adding that he picked her up, wrapped a sheet around her and laid her on his couch inside.

"Did you ask her anything?" asked Mathias Heck Jr., assistant prosecutor.

"I asked, 'Who did it?' She wasn't able to say nothing."

Culpepper, of 1046 Robeson Place, is the first of five defendants scheduled to be tried in Barber's Feb. 6 slaying and more than 100 other charges over a two-week crime spree. Culpepper is accused of being the trigger man in the group's only killing. He is charged with aggravated murder, aggravated robbery, aggravated burglary and kidnapping.

Frydman said the five broke into Barber's home and dragged her 5-year-old daughter from a bedroom. A gun was placed to her head before her mother turned over her wallet. It contained $5. Then they beat Barber.

Heck has called the defendants' acts "one of the most vicious, brutal crime sprees that I've ever seen." Culpepper was involved only in the incident at Barber's home, Heck said.

The others facing charges in separate trials to be held later are James Lee Moorehead, 21, of 815 Frizell Ave.; Dewayne Marable, 18, of 3442 Lakebend Drive; James Marcus Herring, 20, of 816 Euclid Ave.; and a juvenile who is being held in juvenile court while he is being considered for transfer to the adult criminal justice system.

Copyright, 1991, Cox Ohio Publishing. All rights reserved.



* A three-year dispute between the city and property owners goes to trial


BYLINE: Wes Hills Dayton Daily News

DATE: April 8, 1998

PUBLICATION: Dayton Daily News (OH)




Sylvia McAlpine recalls a strange phone call from a neighbor next to the home she was renovating at 3511 Highview Hills Road.

"The neighbor said she wanted to buy the lot," said McAlpine's attorney, Mary K.C. Soter. "Well," McAlpine replied, "we're not going to sell the lot without the house."

"What do you mean?' the neighbor responded. "There is no house."

That's how how John and Sylvia McAlpine discovered a city of Dayton demolition crew had torn down their home, Soter said.

"Isn't that terrible?" Soter asked.

Just how terrible will be the subject of a trial Monday before Montgomery County Common Pleas Judge Mary E. Donovan.

In recent settlement talks, Soter insists the McAlpines' damages are $90,000 while the city's last offer was $27,000, according to court records.

Patrick J. Bonfield, the city's chief trial counsel, could not be reached for comment.

While denying wrongdoing, the city has argued that it is immune from such lawsuits and insists the property posed a danger.

But Donovan ruled in October that the McAlpines had a right to a hearing before the home was demolished in July 1995.

Donovan ruled that one issue at trial will be whether the city needed to destroy the McAlpines' home to abate any nuisance or danger it posed.

Soter said she showed city officials photos of other neighborhood homes that "looked like shanties" to point out they were in worse condition than the McAlpine's home. The city tore down those homes as well, she said.

At the time, Soter said the McAlpines had 17 properties in the city and had been active since the 1970s buying, restoring and selling homes.

She noted the McAlpines, who paid $9,500 for the home, had already invested time and money in it, including $1,500 for drywall, painting and installing windowpanes and $616 for plumbing.

Soter said the city is unwilling to give credit for the months of work the McAlpines and their children put into the home.

Soter said the McAlpines were out of town at a funeral when the city sent out its notice declaring the home a nuisance. That notice, she said, remained unclaimed in the city's files.

Prior to the demolition, Soter said the city issued the McAlpines an electrical permit to replace a cable. And in June 1995, a month before demolition, a city structural inspector noted, "Final O.K." on the structural permit.

"They had the place inspected and it was structurally sound," she said.

Since the demolition, Soter said, the McAlpines have refused to buy and restore another city home.

* CONTACT Wes Hills at 225-2261 or e-mail her at wes_hills@coxohio.com

Copyright, 1998, Cox Ohio Publishing. All rights reserved.

Illustration: PHOTO:

John and Sylvia McAlpine at the site where their house was

demolished by the city.




Bullet casings litter Highview Hills street

BYLINE: Shannon Joyce Neal Dayton Daily News

DATE: February 9, 2003

PUBLICATION: Dayton Daily News (OH)




DAYTON - A man was shot Saturday as he helped a woman change a flat tire in Dayton's Highview Hills neighborhood, police said.

Dayton police responded to reports of eight people involved in a shootout in the driveway of a house at 2818 Louella Ave. at 12:37 p.m., Lt. Robert Mannix said. Witnesses saw a car pull up to the man changing the tire and someone inside start shooting, Mannix said. Officers had little information on the car or the people inside.

The gunmen fled before officers arrived.

The woman took the victim, who was not identified, to an area hospital, where he was listed in critical condition. No one else was injured, Mannix said.

The shooting raked more than a dozen bullet holes across the house at 2818 Louella, and left a trail of evidence that extended two houses down. Officers marked 26 pieces of evidence at the scene, including bullet casings.

Several bullet holes also marked the back wall of a house on Millicent Avenue, directly behind 2818 Louella.

Police tape blocked off three houses on Louella and parts of front yards across the street. Police extended the crime scene north as officers discovered more bullet casings, some resting under patrol cruisers.

The woman's car remained in the driveway, still resting on the jack with the tire beside it.

Contact Staff Writer Shannon Joyce Neal at 225-2436 or SJNeal@coxohio.com

Copyright, 2003, Cox Ohio Publishing. All rights reserved.




BYLINE: Afi-Odelia E. Scruggs STAFF WRITER

DATE: February 8, 1991

PUBLICATION: Dayton Daily News (OH)




Her relatives could not ease the emptiness in Annie Die's heart.

Her sister, Diane Barber, was shot and killed early Thursday morning. The family gathered Thursday night at Barber's house at 3612 Highview Hills Road, trying to make sense of the tragedy. "It's a total shock," Die said, looking at the floor.

An assailant kicked open the door to Barber's one-story white frame house and shot her around 11:30 p.m. Wednesday, according to the crime report.

After she was shot, Barber crossed the yard to a neighbor's house and asked for help. Barber died on a small lounger in her neighbor's living room.

The neighbor, who didn't want to comment Thursday, told the family of the death.

Police believe robbery was the motive for the slaying. But Die said the house seemed untouched.

"On the news they said it was burglary, but we haven't seen anything missing, nothing had been ransacked," she said hoarsely.

The Barbers were a large family - Diane was the eighth of 11 children - and were well known in the neighborhood.

Don Gephardt, owner of Gephardt's Grocery, said the family settled in the area during the late 1950s. Diane grew up in the community, he said, and attended a neighborhood school.

"She felt at home around here," Gephardt said. "She was born and raised here and didn't fear anyone."

Barber's house was right behind Gephardt's store. For four years, until 1989, she crossed the yard to work there. Gephardt said she was one of his best cashiers.

"She was a sweet person, a very pretty girl. You couldn't help but like Diane."

But she'd had tragedy in her life. Her son died two years ago. She's left behind a 5-year-old daughter named Dominique, Gephardt said.

The little girl was in the house when her mother was shot.

Copyright, 1991, Cox Ohio Publishing. All rights reserved.

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DATE: July 13, 1994

PUBLICATION: Dayton Daily News (OH)



PAGE: Z2-4


MEMO: ANYONE with information about these cases or any other crime is asked to call Crime Stoppers at 222-STOP (222-7867) locally, or toll-free 1-800-637-5735 if calling long-distance.

This weekly series is prepared by Crime Stoppers Inc. in cooperation with area law-enforcement agencies in an effort to solve crimes. This week's featured crime follows:

Dayton police are asking for help in their investigation of the gunshot death of Norma Barber, whose body was found the afternoon of June 25 on Vance Road just north of the landfill. Ms. Barber was last seen alive about 4:30 a.m. that day in the Highview Hills area.

Ms. Barber was seen getting into a car with two white men known to frequent the Highview Hills area and who allegedly have been seen purchasing drugs in the past. The suspects' vehicle was a white, or light-colored, four-door, older car, possibly a Ford Escort. The car had a loud exhaust system and a standard shift. It had a dark blue stripe along the bottom.

The first suspect was described as in his late 20s to late 30s, 5 feet 11 inches to 6 feet tall and weighing 180 to 190 pounds. He had a muscular build, light-colored eyes, blond hair and a mustache.

The second suspect was in his mid-30s to early 40s, approximately 6 feet tall, weighing 150 pounds and had a thin build, light brown hair, a mustache and goatee. He usually wore a black baseball cap.

The two men were often seen in a dark blue Ford truck, built around 1980, with chrome handrails on the bed. The paint on the truck appeared new.


BYLINE: Rob Modic and Wes Hills Dayton Daily News

DATE: December 17, 2002

PUBLICATION: Dayton Daily News (OH)




Charles A. Smiley Jr., one of Dayton's most prominent attorneys during the past decade, died at his home Sunday, apparently of a heart attack. He was 59.

Mr. Smiley's 35-year legal career spanned the breadth of law. He ascended in corporate legal affairs in New York to become the first black vice president at ABC Sports in the 1970s. He moved to Hollywood, where as a personal manager, he hobnobbed with some of the nation's foremost celebrities. He returned to Dayton to start a general practice that gravitated to criminal defense, where he established a reputation as a vigorous and thoughtful advocate for some of the area's most notorious defendants.

Mr. Smiley was so persuasive, genuine and sincere that in 1999 a jury gave him the unheard of recognition of a standing ovation after it had convicted his client.

"He will definitely be a loss to the legal profession," Montgomery County Prosecutor Mathias H. Heck Jr. said. "He brought a wealth of experiences from different walks of life that really helped him represent his clients. From high-income sports and entertainment people to people without any income who couldn't afford an attorney. I liked him. I really liked him. I respected him. He was always a gentleman."

Mr. Smiley was born in Dayton, Jan. 20, 1943. He attended Roosevelt High School where he ran track and played football and tennis and graduated with honors in 1960. Four years later, he graduated from the University of Michigan with a degree in bio-chemistry and an intention to enroll in medicine at Columbia University in New York.

But his money ran out. So, he took a job at a New York pharmaceutical company. After a year, he entered Brooklyn Law School at night while working as a salesman in Harlem and supporting a wife and son. Later, he switched full time to law studies.

In 1968, Mr. Smiley graduated from law school and went to work for Procter & Gamble Co. in Cincinnati. During two years on one of P&G's divisional management teams, Mr. Smiley became fascinated with advertising and took a job with CBS in New York, working in the contracts and rights section. There he was assigned to work with the New York Yankees, which CBS owned. Mr. Smiley said his objective at that time was keeping the Yankees from moving to New Jersey, and his last act was to close the deal on a new lease at Yankee Stadium.

In April 1973, Mr. Smiley moved to ABC Sports, rising to vice president of business and legal affairs. He worked on the 1976 Montreal Olympics and was involved with the contracts of Howard Cosell, Jim Mckay and Al Michaels.

After leaving ABC, Mr. Smiley managed the careers of such entertainers as The Commodores, Natalie Cole and Jayne Kennedy.

Before it was all over, he would become president of Richard Pryor's Indigo Productions, which ended abruptly when Pryor shut the company after 18 months.

`An excellent attorney who fought hard'

U.S. District Chief Judge Walter H. Rice recalled Mr. Smiley as `the kind of person you see coming down the street, and you start smiling in advance.'

`He was an incredibly nice person,' Rice said. `He was, I thought, an excellent attorney who fought hard and well and honorably for his clients. He had a tremendous amount of integrity, and he was just an excellent representative of our profession in every way.'

Actors and singers aren't so different from felons when it comes to emotional needs, Mr. Smiley said in a 1997 interview.

"Entertainers like to think you're working 100 percent of the time to make them a star," he said. "A person accused of a crime wants to think you're working 100 percent on the case to show his innocence."

Shortly after Mr. Smiley returned to Dayton in 1990, a state appeals court overturned a man's conviction for theft of a cell phone based upon his discovery that one juror had concealed a criminal record from attorneys and the judge. Mr. Smiley's client had been serving a 6- to 25-year sentence.

In 1993, he represented opponents of a landfill proposed for Dayton, and he made headlines in 1997 when he was appointed to represent white supremacist Morris L. Gulett on charges that included assaulting a peace officer.

County Common Pleas Judge David A. Gowdown, who presided over Gulett's case, said Mr. Smiley's demeanor and his reputation commanded great respect from the most unruly defendants. He was the "go-to" guy when judges needed an attorney who could reach clients for the clients' best interests.

Gulett ended up pleading guilty to a reduced charge negotiated by Mr. Smiley, and was released after serving only the time he had spent in jail, about a year, awaiting trial. He had faced more than 10 years when he was arrested.

But a highlight of Mr. Smiley's criminal law career came in 1999 when he represented businessman Cedric Powell, charged with the rape, kidnap and torture of a 15-year-old girl in a back room of his store. Powell's retained attorney became a witness at the trial and Common Pleas Judge Dennis J. Langer summoned Mr. Smiley.

At the end of an eight-day trial, Mr. Smiley presented a riveting, hourlong summation, sometimes leaning far into the jury box to gaze deeply into jurors' eyes. He could not overcome the evidence, but after the conviction, Mr. Smiley was stunned when the jury stood and applauded, asking for his business card to pass to relatives and friends.

"He took that 'Thank you' from the jury much more than any case he could have won," said attorney Jeffrey Rezabek, hired by Mr. Smiley in 1998.

Procter & Gamble stint opened his eyes

Mr. Smiley grew up with his parents on Lakeview Avenue. His mother taught at Highview Elementary School, and his father was a branch manager at the former Defense Electronics Supply Center in Kettering.

It was during his time with P&G when he developed a fascination with entertainment.

"My eyes were opened up," Mr. Smiley said. "P&G spawned soap opera, and in 1969 there was a TV show called Julia starring Diahann Carroll. It was the first time a black person had starred in a prime-time TV show.

"I saw blacks coming to the forefront. I wanted to get into entertainment. I wanted to be a personal manager."

That's when he quit P&G and joined CBS in New York. Mr. Smiley later moved to ABC's Los Angeles office to negotiate TV and movie rights, packaging such blockbusters as East of Eden and The Day After. He recalled that his days managing celebrities found him being father, mother and analyst to his clients and their spouses, doing everything from booking their acts to listening to their problems.

"When you're in the entertainment industry, you're focusing not only on the business things but you have to deal with the divorces and the bankruptcies," he said in the 1997 interview.

After a divorce and a brief return to personal management, Mr. Smiley's career veered in a new direction. With his two children grown, he remarried and returned to Dayton with his wife, Bettina, and their young son in 1990. Bettina had worked for Capitol Records in Germany, where they met.

"We decided we really didn't want to raise a child in L.A.," he said. "We wanted to get out of the rat race, and she wanted to get out of the earthquake zone. I decided to come home."

Mr. Smiley eased into criminal law taking a lot of work assigned by the court, getting some high-profile murder cases, which he once described as odd for him. "Prior to coming to Dayton, I had never been in a courtroom except as a witness," he said.

Judge Jeffrey E. Froelich, administrative judge of the county Common Pleas Court, said, "Chuck was always a strong advocate for his client and often would take clients no one else would touch. He would do an outstanding job for his clients.'

Survivors include Bettina in Harrison Twp. and five children, Charles III, an attorney in California; Brooke in South Carolina; Kier, 13; Alexander, 10; and Katarina, 8.

Funeral arrangements at Christian Life Center are pending.

Contact Wes Hills at 225-2261 or whills@coxohio.com. Contact Rob Modic at 225-2282 or rmodic@coxohio.com

Copyright, 2002, Cox Ohio Publishing. All rights reserved.

Illustration: PHOTO: Charles Smiley