COURT OF COMMON PLEAS Monday, December 23, 2019 2:52:13 PM CASE NUMBER: 2019 CR 04108 /1 Docket ID: 34146 MIKE FOLEY CLERK OF COURTS MONTGOMERY COUNTY OHIO #01) 2019CRA6074 DAYTON MUNICIPAL COURT THE STATE OF OHIO, MONTGOMERY COUNTY 2019 CR 04108/ 01 THE COURT OF COMMON PLEAS (September Term in the year Two Thousand and Nineteen) MONTGOMERY COUNTY, ss. THE GRAND JURORS of the County of Montgomery, in the name, and by the authority of the State of Ohio, upon their oaths do find and present that: AL MUTAHAN MCLEAN, AKA: AL-MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, ON OR ABOUT THE DATES OF NOVEMBER 1, 2018 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, who is the parent, guardian, custodian, person having custody or control, or person in loco parentis of a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, to-wit: T.C. (DOB: 12/18/2008), being TEN (10) years of age, did recklessly create a substantial risk to the health or safety of the child, by violating a duty of care, protection, or support, which resulted in serious physical harm to the child; contrary to the form of the statute (in violation of Section 2919.22(A) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. SECOND COUNT: 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: AL MUTAHAN MCLEAN, AKA: AL- MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, ON OR ABOUT THE DATES OF NOVEMBER 1, 2018 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, did recklessly abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, to wit: T.C.(DOB: 12/18/2008), being TEN (10) years of age, which resulted in serious physical harm to the child; contrary to the form of the statute (in violation of Section 2919.22(B)(1) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. THIRD COUNT: 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 AL MUTAHAN MCLEAN, AKA: AL-MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, ON OR ABOUT THE DATES OF NOVEMBER 1, 2018 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, did recklessly torture or cruelly abuse a child under eighteen years of age or a mentally or physically handicapped child under twenty-one years of age, to-wit: T.C. (DOB: 12/18/2008), being TEN (10) years of age, which resulted in serious physical harm to the child; contrary to the form of the statute (in violation of Section 2919,22(B)(2) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. FOURTH COUNT: 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 AL MUTAHAN MCLEAN, AKA: AL-MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, ON OR ABOUT THE DATES OF NOVEMBER 1, 2018 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, did recklessly administer corporal punishment or other disciplinary measure to, or physically restrain in a cruel manner or for a prolonged period, a child under eighteen (18) years of age or a mentally or physically handicapped child under -C. (DOB: 12/18/2008), being TEN (10) years of age, which punishment, discipline, or restraint was excessive under the circumstances and created a twenty-one years of age, to-wi substantial risk of serious physical harm to the child, and resulted in serious physical harm to the child; contrary to the form of the statute (in violation of Section 2919.22(B)(3) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio.FIFTH COUNT: 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 AL MUTAHAN MCLEAN, AKA: AL-MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, ON OR ABOUT THE DATES OF DECEMBER 12, 2019 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, did knowingly cause serious physical harm to another, to-wit: T.C. (DOB: 12/18/2008), contrary to the form of the statute (in violation of Section 2903.11(A)(1) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio, ‘SIXTH COUNT: 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 AL MUTAHAN MCLEAN, AKA: AL-MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, ON OR ABOUT THE DATES OF DECEMBER 12, 2019 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, did knowingly cause serious physical harm to another, to-wit: T.C. (DOB: 12/18/2008), contrary to the form of the statute (in violation of Section 2903.11(A)(1) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. SEVENTH COUNT: 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: AL MUTAHAN MCLEAN, AKA: AL- MUTAHAN MCLEAN, AKA: ALMUTAHAN MCLEAN, BETWEEN THE DATES OF DECEMBER 12, 2019 THROUGH DECEMBER 13, 2019 in the County of Montgomery, aforesaid, and State of Ohio, did engage in sexual conduct with another, not the spouse of the offender, and the other person was less than thirteen (13) years of age, by purposely compelling the victim to submit by force or threat of force, or caused serious physical harm to the victim, contrary to the form of the statute (in violation of Section 2907.02(A)(1)(b) and2971.03(8)(1)(c) of the Ohio Revised Code) in such case made and provided, and against the peace and dignity of the State of Ohio. Respectfully submitted, MATHIAS H. HECK, JR., Prosecuting Attorney Montgomery County, Ohio By _l/s/ Lynda A. Dodd Assistant Prosecuting Attorney Supreme Court # 0068551 INDICTMENT FOR: #01) ENDANGERING CHILDREN (parent-serious harm) F3 #01) ENDANGERING CHILDREN (serious physical harm) F2 #01) ENDANGERING CHILDREN (torture-serious harm) F2 #01) ENDANGERING CHILDREN (corporal punishment-serious harm) F2 #01) FELONIOUS ASSAULT (serious harm) F2 #01) FELONIOUS ASSAULT (serious harm) F2 #01) RAPE (<13) (BY FORCE)or (SPH) U A TRUE BILL [-V- Foreman of the Grand Jury“NOTICE: UNDER SECTION 2923.13 OF THE OHIO REVISED CODE, NO PERSON WHO IS CHARGED BY THIS INDICTMENT/INFORMATION OR CONVICTED OF THE CHARGE(S) IN THIS INDICTMENT/INFORMATION MAY KNOWINGLY ACQUIRE, HAVE, CARRY OR USE ANY FIREARM OR DANGEROUS ORDNANCE.”