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Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. ‘SPECIFICATION TO COUNT TWO: The Grand Jurors further find and specify that while committing the aforesaid offense, NICOLE ANDRIETTE BALLENGER, had on or about her person or under her control, a firearm and displayed the firearm, brandished the firearm, indicated that she possessed the firearm, or used it to facilitate the offense; contrary to the form of the statute (in violation of Sections 2929.14 and 2941.145 of the Ohio Revised Gode) in such case made and provided, and against the peace and dignity of the State of Ohio. THIRD COUN’ AND the Grand Jurors of this County, in the name and by the authority of the State of Ohio, upon their oaths, do find and present that NICOLE ANDRIETTE BALLENGER on or abuut APRIL 19, 2007 in the County of Montgomery, aforesaid, and State of Ohio, did cause the death of another, to-wit: CEDRIC A. BALLENGER, as a proximate result of the offender's committing or attempting to commit an: offense of viofence, to-wit: Felonious Assault(serious physical harm), in violation of 2903.11(A)(1), a felony of the second degree, and that said offense is not a violation of either Section 2903.03 or 2903.04 of the Revised Code; contrary to the form of the statute (in violation of Section 2903.02(B) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. SPECIFICATION TO COUNT THREE: The Grand Jurors further find and specify that while committing the aforesaid offense, NICOLE ANDRIETTE BALLENGER, had on or about her person or under her control, a firearm and displayed the firearm, brandished the firearm, indicated that she possessed the firearm, or used it to facilitate the offense; contrary to the form of the statute (in Violation of Sections 2929.14 and 241.145 of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio.

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