David Lindloff, County Prosecutor's Investigator

[admin]

(Taken from the "James Silver" thread in Other Cases on this forum...

Reported by: AP
Web produced by: Liz Foreman
Photographed by: 9News
1/28/04 11:03:07 AM

Authorities have opened an investigation into a 1979 death originally reported as the suicide of a man whose body was found under the floor, wrapped in sheets and burned.
A second autopsy performed on James J. Silver of New Paris raised enough questions to warrant an investigation, said Dave Lindloff, an investigator for the Preble County prosecutor.

The autopsy, completed by the Montgomery County coroner's staff, concurred with the original cause of death as a shotgun wound to the head, but provided new information on the wound entrance and path and direction of the buckshot.

Steven Clapp, Silver's cousin, asked authorities in May to exhume the body.

"The family's main concern is that a thorough investigation is done," said Clapp, who retired last year as an investigator with the Ohio Department of Public Safety.

Silver is believed to have died April 11, 1979, in his home located 32 miles west of Dayton, near the Indiana state line. Authorities found the body, wrapped in sheets and partially burned, beneath the utility room floor one week later.

Lindloff said authorities should have interviewed more family members

[sr1234]

What I've never understood about the Silver case is why didn't they get another agency to handle the investigation after they went to the trouble of having the body exhumed? It doesn't take a rocket scientist to figure that if the first investigation came back as a suicide that you might want another agency (not Montgomery Co. either) to perform the second investigation. Once bitten, twice shy. (is that how that goes?)

[admin]

Because when a Prosecutors Office's job is to investigate the Prosecutor, no one will be Prosecuted! They're so smart....

[admin]

In a notarized statement from a witness in the Lesa Buckley case, the witness had later been jailed in a domestic case. In the statement he tells of an experience with David Lindloff coming to his cell and stating that the witness had better forget everything he knew in the Buckley case if he knows what is good for him...

www.clearbillyscott.com/reports/leads/JohnMoran.pdf

[admin]

In a statement, written by a "witness" in the actual trial in the Lesa Buckley case, David Lindloff is identified as having coached this person in incriminating testimony.

In exchange, this person was promised an appeal of a prior conviction, sentence reduction, no parole violation, intervention in divorce proceedings with visitation of a child, and breakfast and dinner before and after the testimony offered at the grand jury...
www.clearbillyscott.com/reports/indictment/heathrecant.pdf




This "witness" is now residing in the Ohio Corrections Medical Center after going on to commit other crimes and eventually being found guilty of attempted murder, burglary, aggravated burglary, and murder. He shot his wife in the head. She may have been saved had law enforcement dealt justice instead arranging deals so they could come up with a witness in a case where there were none...
www.drc.state.oh.us/OffenderSearch/Details.aspx?id=A317727&pg=x

A statement from the mother of one of this man's victims - begging for law enforcement to do what was right and scared when they didn't...
--------------------------------------------------

To Whom It May Concern

On March 20, 1991. My daughter Alicia Heath, was stabbed in the right side of her neck. Very near the Carotid Artery. She was taken to McCullough Hyde Hospital. There she gave a statement that Gary Heath had stabbed her. She didn’t know what with. While being treated Gary called 911 Dayton. Told them he had just stabbed his wife and wanted to turn his self in. When Preble County officers pick him up. He told them Alicia accidently stabbed herself with a pair of sisscors

Preble County officer inform McCullough Hyde Hospital that Gary said the weapon was a pair of sisscors. The weapon and Alicia purse disappear from her car which Gary escape in after the staffing. Later purse was found an turn in to Preble County Police 1 hr. before court. Preble County had tape from 911 of Gary admitting stabbing Alicia. He was put in jail.

March 20, 1991 Around 10:00-11:00 PM.

Alicia was transfer by Air-Care to University Hospital in Cincinnati.

Doctor at McCullough Hdye Hospital didn’t know how serious her condition was how deep the wound for sure.

She was keep over night and discharged evening of March 21, 1991.

I called Eaton Police to make sure Gary was charged. And to see if They need to come take a statement from Alicia. I was told no she had plenty of time 72 hrs. That he would not be turn lose. When Me and Boyd got Alicia to our house evening of March 21, 1991. I called Jerry Dearth. Told him Alicia was here want him to come take her statement. He said he be down in morning of March 22, 1991 to get it. There was no hurry. That Gary wasn’t going any where. At that time Jerry Dearth was the police Chief of Camden. Where the stabbing occur.

Eaton release Gary morning of March 22, 1991. Knowing that Alicia was on her way up there to give statement to what happened. They even take Gary to Butler County line and turn him lose. We where told they had to release him because Alicia hadn’t made a statement. It had only been less than 42 hours. And besides that Gary was on parole. And his Parole Officer Tony Calibre was never nodify of Gary actions. Me and Alicia when to Dayton told Tony Calibre about what happened. He said he put a hold** on Gary as soon as he was pick back up. And he did. There was also a parole Board investion during all of this officer out of Cincinnati.

After Alicia gave her statement to Eaton. David Lindloff told me and Alicia He called Gary at his sister in Hamilton Ohio. Told him a warrant had been issue for his arrest he gave Gary until 6:00 PM March 22, 1991 to turn himself in. He said Gary said he be in by 6:00PM.

I can’t believe this is the way a law officer is to do their job. David Lindloff just lean back in his chair. Made the statement to me and Alicia. That if Gary decided to run he hoped it was soomwhere warm he
need a vacation. Gary was on run far as we know he never left Hamilton. He was seen and spoken to by family members that live in Hamilton. Who called Me and told me about seeing and talking to him. I got mad one day and when to Hamilton. I walk in to Sheff*** Hozerbeger office and ask Sheff*** Hozerbeger why Gary Heath was walking all over town day and night. When Preble County had a warrant for him and Bulter County was notify to pick him up. Sheff** Hozebger got very upset. Started checking in on what I was telling him. Alicia had received 4 or 5 theartenig letter from Gary theartening her and family. I even called FBI talk to Jennifer Linsey I believe was her name. She was very upset. With the way Preble County was handling this case. And she also talked to Jerry Deart.

Sheff** Hozeberger told me he had no knowledge about Gary and his office had not been notify. He called his head dective in his office. His first name was Jerry can’t remember his last name. Jerry ask if this was the same Gary Heath that had been in trouble before he know him. And had deal with him before. I found out Gary had been question in a murder of a girl in Masidn Ohio back 1985 or 86. Jerry started looking for Gary right away. That evening I got a phone call that Gary was in a Motel on Rt 4 out of Hamilton and his room Number. I call Dective Jerry ? and told him. He arrested Gary within 30 minutes after I call he was there. And they turn him over to Preble County law officers. Gary was behind bar finally. We were so relieved. Gary was charged with felonious assault by a Grand Jury. Filed April 9, 1991.

The day after his indictment and arrest Gary ask to talk to David Lindloff. David Lindloff told Me, Alicia, and her father Boyd. He was going to talk to Gary. That Gary want to make a statement. And that he call us soon as he was done talking to Gary.

David Lindloff called me later at home. Very upset. He said Gary had give him a 20 page statement and he had in on tape. That Gary was worried about Alicia. That he was invovled in a murder of a girl in Mason Ohio give dates, names of who was involved. Complete details of how she was killed. Gave this in detail that only some one involved would know. And that Gary had helped dispose of her body. David Lindloff said the men he named was very dangerous he know of them. He said Gary told him he called these men and told them to get Alicia. That Alicia knew everything. Alicia only knew a little about the girl. Alicia said Gary had threat her before with this. David ask us to get Alicia out of the State as quick as we could. That night if possible. And not let any one know where she was. This was what all the threatening letters was about. These statement is suppose to be in file (Case No. 91-CR-6841)

Well while waiting trial Billy Scott was locked up with Gary. I can’t remember dates so this give you idea when this was going on.

Brent Copeland (Assistant Prosecuting Attorny) called wanting to talk to Alicia. I took her to his office. Mr. Copeland told Alicia and Me. Gary want to plea guilty to a lesser charges of Assaut and Aggravated Menacing. And wanted to know how she felted about it. He said Gary would get just about as much time on these two charges as on felonious Assaut charge plus serving time for Parol voliation and the time he waited for trial would not count on his sencence. Which was 81 days. And he could see any way Gary would get visiation to Jake (Gary 2 yr old son). Alicia told him she’d like to stay with the falonis assault charge. Brant told Alicia that without the weopon it would be hard to win. He then told us the dicision was his to make. That it didn’t matter what she wanted to do. He walk out of his office and told Gary attonery he let him plea guilty to Assault and Aggravated Menacing. I’m sending you copys of what Gary was sentence too.

And there was nothing ever told on Parloe volation charge. I was never able to find anything out on it. Or anything out on Gary statement about the girl that was killed. Gary was sentence on Aug 2, 1991

I got a phone call from Brent Copeland and went to talk with him. Gary hadn’t spend his time yet. Brent said Gary had been writing Judge Abruzzo. Trying to get a early release. He told me Gary had wrote Judge Abruzzo threatening letter. Which was wrote in a way that they didn’t seen threating if you know what I mean. And that Judge Abruzzo had agree to let Gary out early and a hearing was set. Can’t remember the date. Me and Boyd attended the hearing. After the hearing I ask Brent Copeland about the hold** the Parole Office Tony Calibre had on Gary. Because he was not given any time on that. He said it was still on Gary. That Gary would not be leased unless Tony caliber drop the hold**.

Will Gary was released that morning. And he also got visitation to Jake at the hearing.

I try to get a hold of Tony Caliber to see what was going on. Tony called me at home that evening. When I ask him why Gary’s hold** was drop and why he didn’t get any time on the parole valation. He told me that they were going to use Gary to put Billy Scott away for murder that he was more dangerous than Gary. And they couldn’t but Billy Scott away with out Gary tesomony. This is his exact words. I couldn’t believe what I was hearing. And there wasn’t a thing we could do. Gary was release 2 or 3 weeks before Billy Scott Trial started.

They used Gary who they had on tape 911. Admitted stabbing my daughter. And had on tape and 20 page statement of being involved in kill another girl in Mason. Knowing how dangerous Gary is. And what he is capable of. Let him walk the street to do it again. And give him visiation right to a 2 yr. old boy and put his life in danger.

Something has to be done with the way our legal systems operates. All of this is the truth.

**Then here she signs her name and dates it July 28, 1992.

[admin]

In a private investigator's report, a witness in the Lesa Buckley murder case who had tried to offer testimony but was encouraged to mind his own business found himself later incarcerated in a separate incident.

While in his cell, he was visited by David Lindloff who proceeded to tell the witness that he would not be receiving his prescribed medication and that he needed to forget about the Buckley case.
www.clearbillyscott.com/reports/conviction/interviewsummary.pdf

[copwatcher]

Dave had known Clayton all of his life. He says he didn't know Clayton lived at the farm however his daughter Amy Lindloff Thorpe was best friend's with Clayton's girlfriend & she had visited the farm many times to party. And if I remember right in one of the deposistions the deposed may have stated that Amy told her right after Clayton was killed that her dad had warned her not to go to the farm that something was going to happen. Dave had at that time known my family for over 20 years. If everything that happened was on the up & up why not talk to my family now? It's all over & done. That's what I would do if I was in his shoes!

[copwatcher]

I guess he'll never get there. He certainly doesn't like me as exhibited by his behavior in Landis yesterday when I said hi to him. I'm not going to beliger it by describing the "interaction" metaphorical "blow by blow" but it didn't leave me with the warm fuzzies! Actually I left there more afraind of him then ever. To me he's a really scary guy with or without the gun. Dave, I know from yesterday that you have read my posts about you. EverythingI ever wrote about you is backed up by proof or was identified as being my opinion. I'm sorry if it hurt your feelings. I thought it might shake you up enough to talk to us after 4 years. But yesterday you proved to be the kind of man I've thought you probably were. Even after after all that's happened I don't enjoy having bad feelings about anyone. You could have been one less. "nuf said.

[admin]

It strikes me "funny" that since he insists all these corrupt cases are just wild rumors, he is so interested in what is being posted. The things that have been written are not even a fraction of what are being said in private in the community, since we are careful to post only documented facts here. It certainly explains all the missing evidence and documents, though - people who have nothing to hide don't have to lie. Lindloff has control over these items, he hurts us to our face as well as behind our backs.

When first being interviewed by officials after the Consolidated Road homcides, I was sat down in front of my husband's entire family and questioned. There were things I very much wanted to discuss that was not possible in such a setting. I had to pursue time alone with investigators, and ended up having to deal with Plaugher and Lindloff. Many times Lindloff tried to get me to meet him outside of his offices, he was very intimidating and scared the hell out of me. I retained an attorney because things became so unprofessional. Constantly, when I asked specific questions the subject was changed. After several meetings, Lindloff finally told me "why do I even care, my husband died with another woman". It was a sick thing to say to a new widow, it was very disrespectful to the homicide victims because they were all friends, and it was a blatantly desperate attempt to get me to quit asking questions. I mistakenly stood up and said all communication would now have to be done through my attorney, whom I named, and from then on my attorney dropped all communication with me... no doubt he had been contacted. I later had an opportunity to document these events with OBCI.

To this day, I still hear rumors of a biker gang from Colorado being responsible for the homicides. That is nothing but a line of questioning that was directed at me by Lindloff/Plaugher, then released and exaggerated to the public. After a phone discussion with Lindloff last month, he continues to wildly try to veer off on other avenues to avoid directly answering specific questions.

Copwatcher, trust your instincts - let yourself be afraid, you will act accordingly and at least be somewhat safe. It is hard for me to stomach the thought of Lindloff's feelings being hurt by victims finding each other and comparing their experiences - yet another example of the lack of remorse and the mindset of these people. Where is the consideration of the survivor's feelings? The Helriggle's had to bury their baby, Woody's children as well as mine had to grow up without the love and protection of their fathers, the Scotts continue to this day to be terrorized because of speaking out and taking action in the ridiculous investigation of the Consolidated Road homicides. And what is the common thread in these botched cases?...Lindloff, among others.

I invite anyone with similar experience to PM me with their story so that we may appropriately document these incidents.

[copwatcher]

admin said:

It strikes me "funny" that since he insists all these corrupt cases are just wild rumors, he is so interested in what is being posted. The things that have been written are not even a fraction of what are being said in private in the community, since we are careful to post only documented facts here. It certainly explains all the missing evidence and documents, though - people who have nothing to hide don't have to lie. Lindloff has control over these items, he hurts us to our face as well as behind our backs.

When first being interviewed by officials after the Consolidated Road homcides, I was sat down in front of my husband's entire family and questioned. There were things I very much wanted to discuss that was not possible in such a setting. I had to pursue time alone with investigators, and ended up having to deal with Plaugher and Lindloff. Many times Lindloff tried to get me to meet him outside of his offices, he was very intimidating and scared the hell out of me. I retained an attorney because things became so unprofessional. Constantly, when I asked specific questions the subject was changed. After several meetings, Lindloff finally told me "why do I even care, my husband died with another woman". It was a sick thing to say to a new widow, it was very disrespectful to the homicide victims because they were all friends, and it was a blatantly desperate attempt to get me to quit asking questions. I mistakenly stood up and said all communication would now have to be done through my attorney, whom I named, and from then on my attorney dropped all communication with me... no doubt he had been contacted. I later had an opportunity to document these events with OBCI.

To this day, I still hear rumors of a biker gang from Colorado being responsible for the homicides. That is nothing but a line of questioning that was directed at me by Lindloff/Plaugher, then released and exaggerated to the public. After a phone discussion with Lindloff last month, he continues to wildly try to veer off on other avenues to avoid directly answering specific questions.

Copwatcher, trust your instincts - let yourself be afraid, you will act accordingly and at least be somewhat safe. It is hard for me to stomach the thought of Lindloff's feelings being hurt by victims finding each other and comparing their experiences - yet another example of the lack of remorse and the mindset of these people. The Helriggle's had to bury their baby, Woody's children as well as mine had to grow up without the love and protection of their fathers, the Scotts continue to this day to be terrorized because of speaking out and taking action in the ridiculous investigation of the Consolidated Road homicides. And what is the common thread in these botched cases?...Lindloff, among others.

I invite anyone with similar experience to PM me with their story so that we may appropriately document these incidents.

Where is the consideration of the survivor's feelings?I don't think we mean anything to some of these people in particular. It has been my experience that Sheriff Simpson has been very kind to me & willing to talk. And I've talked to a few of the other officers & they were very kind as well. Now we say hi & there are no hard feelings between us. Which I think goes to show that a lot can be accomplished by talking & also that we as a family do not blame everybody involved just the ones that it has been we believe proven to us to have had ulterior motives & have not told the truth about what really happened. The others weren't in charge of planning that raid either & they didn't know about what I think was the real reason behind it or what I think were the unethical (at best) things that transpired prior to it. I also think that it shows that we have been to Hell & back again & yet we've retained our humanity. I'm pissed as Hell at DL but that could have all changed if he would have sat down with me & talked. If he had acted like he cared. He has nothing to lose now that the civil case is over. He acts like he doesn't care what we think of him yet he reads the sites. I don't get it. I don't want to harbor bad feelings the rest of my life (no matter how long or short it may be!) so I guess there are just some that I have to forgive for my own sake. I forgive you Dave.

[admin]

Long ago I had to tell myself over and over that I forgive many people in this case, because the hate was eating me up. Though I didn't think it was helping me at the time, I find I can now pursue these matters without vengeance in mind toward certain persons.

I do feel badly for the families of those who will be rightfully convicted in these cases in the future... crimes resulting in death, particularly when performed under the color of law, are punishable by life in prison as well as the death sentence. Those responsible will have their own families go through what the survivor families have suffered for years.

Mr. Lindloff, I am happy to know that you are reading our posts. I would be willing to forget the tactics used in years gone by to intimidate me to quit asking questions if someone - anyone - would sit down with us and answer direct questions about direct subjects. To imply to us that we are being ridiculous or merely listening to rumors confirms our belief that we cannot get a serious meeting with officials.

Mr. Simpson has been kind to me, also. However, I would very much like to see him address our concerns about treatment from officials working under him rather than backing these individuals up without addressing particular incidents. In my city, rather than receiving friendly talk about the situation we have an opportunity to put our concerns into writing, and those concerns and resolutions then enter a record and STAY there. Documents and evidence found missing are a grave concern outside PC.

[mamasheri]

After Clayton was killed, I thought SOMEONE would come and explain to us what had happened. How nieve (sp?) I was then. After some time I realized that no one was going to explain anything to us because they couldn't tell the truth about what happened without incriminating themselves. I have no desire to hear from Mr. Lindloff or any of his cohorts - they've shown their true colors and there is nothing they could ever say to change the way I feel. And NO - they don't care what we think of them - why should they - they're above the law! There is no forgiveness in my heart for PC officials and there never will be. Bitter??? You bet I am.

[copwatcher]

I understand how you feel mamasheri & I wish that there was something I could do to help ease your pain. Forgiving Lindloff is about easing mine. Thanks for understanding. This is what makes things so scary. You know a guy for so many years. Anytime his name comes up you hear bad stuff, nobody seems to like him. But there's a slight connection since his girls are friends with your boys. Your son dies from a shot gun blast to the chest & this guy you've known for so many years is in charge & can't pay you the courtesy of coming to your house & explaining what happened. Clayton was killed at 6:50 p.m. You received a telephone call around 3 am telling you they were taking his body to MCM. Eight hours before you knew anything more than what you had to see & hear for yourself. This is unexceptable I know. This is what strikes me that this man needs forgiveness. He doesn't appear to have a decent bone in his body.

[admin]

We have received overwhelming information about activities surrounding the triple homicide on Consolidated Road. Since receiving so much information a general picture has developed concerning activities at the time of the deaths - I had not realized that so many people had information and that much of this is common knowledge in the local area.

I would like to request to be contacted, especially in the following areas, by anyone having additional information. I guarantee any information shared privately will be kept in absolute confidence. We have gained a national audience and are in contact with those who can take action if anyone fears for their safety - it is a crime to intimidate, harass, or retaliate against a witness.

* We have many witnesses that have established "an official car" stationed on Consolidated Road on a regular basis while certain activities occured at the place of residence where the victims died, and we have the fact confirmed in an old letter from one of the victims. We were surprised to discover how many people witnessed these events. We appreciate anyone who would offer to contribute their knowledge of these occurances or FF to please contact us.

* We are disturbed to know of persons being present at the residence on the evening of the murders. Thank you to those who have provided testimony, and we invite others to share any information they would care to share, especially concerning PP, DL, GP, and others.

* The microfilm of a news article that was published not long after the homicides has disappeared, containing an article of persons being caught destroying evidence (I seem to remember the evidence was burned). If anyone would have that article saved, we would greatly appreciate a copy.

* Of course we invite additional information in any area of this case as well as the other cases in Preble County, as links between the cases has been established and all information is valuable.

To the legal and journalistic entities outside of Preble County that have been corresponding with us, we appreciate your incredible contributions and are grateful for your continued watch over these websites. For anyone posting publicly on this thread, please know that information you share becomes public information. Some of the information in these Justice threads has been reproduced on the internet and in legal circles on a national level. Please use the email link or PM me for information you would like to have kept confidential.

[e-mail]

[admin]

He certainly doesn't like me as exhibited by his behavior in Landis yesterday when I said hi to him. I'm not going to beliger it by describing the "interaction" metaphorical "blow by blow" but it didn't leave me with the warm fuzzies! Actually I left there more afraind of him then ever. To me he's a really scary guy with or without the gun.

FBI Victim Specialist
500 S. Front St., Ste. 1050
Columbus, OH 43215
[phone]

[blazer]

If my understanding of recent events is accurate, then copwatcher has very good reason to call the number listed and report this incident and the other one too.

[sixdegrees]

I have had a few encounters with Mr. Lindloff. Some were quite pleasant and informative. However, when I questioned his reasoning and procedure, he changed quite dramatically. It was documented to the Prosecutor's Office. Big Whoop.

But anyway, the first time I met him, he said. "This isn't like CSI". No truer words were ever spoken, I have come to find out.

But....I bet he is getting old and sloppy.....

[Person]

I know a lot about the Lesa Buckley case. A lot more than I should probably know. I live in Preble County and I know for a fact who killed Lesa. But it is pointless to know because there is nothing the law can do about it. Just let me say but my personal experiences and those around me the cops in New Paris are pigs. They WERE involved in this murder and they could give a nuts less.