A Defiance County grand jury has returned a two-count indictment against a local man for an assault last month that turned deadly.
Nathaniel Byrd Jr., 43, is charged with involuntary manslaughter, a first-degree felony; and felonious assault, a second-degree felony. He was one of six persons indicted by a recent county grand jury (see below).
The charges allege that on Oct. 25 in a parking lot outside Defiance’s Amvets Post 1991 building, 1795 Spruce St., Byrd assaulted Johnny Jiminez, 67, of Defiance, striking him with his fists. Jiminez died six days later from head injuries (on Oct. 31), according to Defiance County Prosecutor Morris Murray.
Murray told The Crescent-News that the assault occurred just after Byrd had had an altercation with another man. He indicated that Jiminez tried to intervene in the earlier confrontation when he was struck by Byrd.
“There’s some indication that there had been an altercation prior to the incident,” explained Murray. “An argument had started not with Jiminez, but with another guy.”
Byrd was being held Wednesday in the Corrections Center of Northwest Ohio pending an appearance on the indictment in Defiance County Common Pleas Court.
The same grand jury also indicted Don McGhee, 50, Marion, on two counts of rape, each a first-degree felony.
The charges alleged that he engaged in sexual conduct two times with a female under the age of 13 between Aug. 1, 2017 and May 31, 2018 at a residence on Defiance’s Osceola Avenue.
Due to the child’s age, the charge carries the possibility of life imprisonment upon conviction.
Murray said the victim disclosed the alleged crimes earlier this year.
At the time, McGhee was being held in a Ohio Department of Corrections prison in Marion, serving a four-year sentence handed down in Defiance County Common Pleas Court in July 2019 for felonious assault, a second-degree felony. (McGhee was granted early judicial release on that charge in September 2020.)
Also indicted were:
• Armie Brown, 26, Saginaw, Mich., for improperly handling firearms in a motor vehicle, a fourth-degree felony. He was allegedly found transporting a loaded firearm in a vehicle stopped on June 5 on U.S. 24 in Defiance County.
• William McKinley, 33, Hicksville, for menacing by stalking, a fourth-degree felony; and domestic violence, a fourth-degree misdemeanor. The charge alleges that on Nov. 3 he “engaged in a pattern of conduct that caused another (person) mental distress and/or to believe” that he would cause that person harm. He also allegedly trespassed at the victim’s residence while the indictment additionally charges that he threatened a family or household member with physical harm.
• Logan Perl, 26, Oakwood, for receiving stolen property, a fourth-degree felony; aggravated possession of drugs, a fifth-degree felony; OVI, a first-degree misdemeanor; and obstructing official business, a second-degree misdemeanor. The charges allege that on Oct. 24 Perl was found during a traffic stop in Defiance to be driving a stolen vehicle. He also allegedly possessed methamphetamine and provided a false ID to law enforcement officers.
• Sidney Smith, 48, Hicksville, for aggravated possession of drugs, a fifth-degree felony; and operating a vehicle while under the influence of a listed controlled substance or a listed metabolite of a controlled substance, a first-degree misdemeanor. The charges allege that on June 10 he operated a vehicle on Hicksville’s East Smith Street while under the influence of methamphetamine.
The above defendants are scheduled to be arraigned at 9 a.m. on Dec. 1 in Defiance County Common Pleas Court.