Man accused of shooting at woman, hitting occupied apartment pleads guilty

A man accused of firing more than a dozen gunshots at a woman that hit a nearby apartment with several adults and children inside in Harrison Twp., then later leading a brief police pursuit has pleaded guilty.

Jayzon M. Wagner, 23, pleaded guilty to improperly discharging a firearm at or into a habitation and failure to comply with the order or signal of a police officer in a plea agreement filed Tuesday with the Montgomery County Common Pleas Court.

Credit: Montgomery County Jail

Credit: Montgomery County Jail

That charges could lead to fines of up to $25,000 and a prison term of nine months to 15 years, followed by up to five years of probation and between three years and a lifetime suspension of Wagner’s driver’s license.

However, according to the agreement, the court agreed to sentence Wagner to between 33 months and 54 months in prison.

Wagner also agreed to forfeit four handguns - three Canik 9mm pistols and one Smith and Wesson 9mm pistol.

As part of the agreement, two counts of felonious assault, two counts of assault, and one count of tampering with evidence were dismissed, as well as a three-year firearm specification on the discharging a firearm into a habitation charge.

The charges stem from May 27, when Montgomery County Sheriff’s deputies were called to the 1900 block of Gant Drive on a report of shots fired. When they arrived, they found a woman who was assaulted by a man she identified as Wagner.

According to a affidavit filed in Vandalia Municipal Court, she said that after the assault Wagner displayed a firearm and shot toward her about 17 times before he left in a vehicle before deputies arrived.

Deputies found “a large number” of bullet casings in the area, and also found that several rounds had hit a nearby apartment on Embassy Place. Two bullet holes were found in the master bedroom where two adults were sleeping and two rounds were found in a child’s room where the child had been asleep as well, the Montgomery County Sheriff’s Office said.

Four days later, deputies spotted Wagner driving the same vehicle near North Dixie Drive and Needmore Road. When they tried to stop him he fled, leading to a brief high-speed pursuit that ended when he crashed into an unoccupied parked vehicle in Dayton then fled on foot.

Wagner was found in a nearby apartment and taken into custody without incident, the sheriff’s office said, noting that four guns were found in the apartment.

Wagner is currently in the Montgomery County Jail and is scheduled to be sentenced Sept. 16.

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