MIAMI COUNTY — On Monday, Anthony C. Dowell, 38, of Piqua, appeared in Miami County Common Pleas Court with new counsel in regards to a motion to withdraw his guilty plea.
Attorney Patrick Mulligan appeared as Dowell’s new counsel following allegations of Dowell’s previous attorney Mark Feinstein misled him into entering a guilty plea on Nov. 14.
Dowell provided the court a phone conversation between Feinstein and Dowell’s wife supporting Dowell’s claim that he felt misled by his former attorney into accepting a plea deal from the state.
Miami County Assistant Prosecutor Paul Watkins stated due to the circumstances and the phone recording evidence to support Dowell’s claims, he would withdraw the state’s position to overrule the defendant’s motion to withdraw his plea of guilt.
Judge Jeannine Pratt said the court would review the recording and file a decision.
According to part of Dowell’s letter to Judge Jeannine Pratt filed on Dec. 20, “The day before my trial was set to begin, I was told by my attorney (Feinstein) that the prosecutor was going to dismiss my case and recharge me, adding two more charges and charge my wife as well. This made both my wife and I very upset and emotional. I was then told if I take a plea then my wife wouldn’t be charged, but if I take it to trial, then she would be in jail the next day. So I entered a plea of guilt to three charges I didn’t agree with and would like to withdraw my plea.”
On Nov. 14, Dowell entered a plea to amended charges of two counts of third degree felony child endangering and one count of third degree misdemeanor gross imposition as a plea agreement with the state. Dowell was indicted by a grand jury on two counts of second-degree felony sexual battery in June. Dowell’s wife was home during the incident.
Dowell is accused of committing two separate acts of non-consensual touching of a 15-year-old female victim at a private residence on South Main Street in January, according to the Piqua Police Department. Dowell knew the victim. Dowell also maintains his innocence.
During the Dec. 27 hearing, Feinstein stated at no time was Dowell promised or threatened into entering a plea with the state, most likely misinterpreting hypothetical scenarios he was presented during the plea agreement process.
At the Dec. 27 hearing, Judge Pratt asked Dowell if he understood the proceedings. Dowell replied he entered a plea of guilty “reluctantly” and now wanted to withdraw the plea as he stated in his letter.
Dowell could face a maximum of 10 years in prison.
In other court news:
• Keason Twitty, 25, of Dayton, entered a guilty plea to aggravated burglary, felony assault and conspiracy to commit aggravated burglary on Monday.
Twitty was shot by the North Montgomery County Line Road home owner after he and four others invaded the home. Twitty’s injuries left him wheelchair bound. The home owner was not charged in the incident. According to court documents, the state has recommended a seven year sentence on all charges. Twitty could face up to 30 years in prison and be fined up to $50,000.
• Joshua A. Shannon, 30, of Piqua, was sentenced to serve two years on community control on one count of fifth degree forgery.
Shannon is charged with writing forged checks to Ulbrich’s IGA.
The incident was originally reported in December 2015. According to Piqua police reports, four checks were fraudulently cashed at Ulbrich’s at that time. The checks from three Cincinnati women reportedly totaled $1,679.51, and were cashed on Dec. 30, 2015. The check from Shannon was allegedly for $656.23, and was cashed on Dec. 31, 2015. The suspects each reportedly displayed their driver’s licenses when cashing the checks.
The checks were allegedly from a local business made out to the suspects, but the bank routing numbers did not match the correct one for the business. The checks also reportedly had the wrong address for the business printed on them, listing the address of the business as being in Piqua when it is actually located in Sidney.
Shannon was also ordered to pay $656.23 in restitution to Ulbrich’s IGA as part of his sentence. Shannon was also ordered to complete a drug and alcohol assessment as part of his community control.