Dayton man accused of shooting man in the leg in Miamisburg indicted

Officers were dispatched around 4:30 a.m. June 5 to the corner of Sixth and Buckeye streets for a person shot when a man who spotted a cruiser ran into the middle of Central Avenue to flag down an officer. The man said he had been shot in the leg, and the officer saw two holes just above the knee on the man’s right leg, about an inch or two apart, according to an affidavit filed in Miamisburg Municipal Court.

The gunshot victim was taken to Kettering Health, main campus in Kettering.

Officers found three spent shell casings at the intersection of North Sixth and Buckeye streets. All three appeared to be from a 9mm handgun, police said.

The gunshot victim told police that he and his girlfriend got into an argument about him playing video games. he gathered his belongings and left on a purple bicycle. When he got to the corner of Sixth Street and Central Avenue he realized he forgot his keys and returned to retrieve them. While waiting for his girlfriend to bring the key to him, he said a silver SUV pulled up next door and that a man later identified as Stewart — the father of his girlfriend’s child — approached him and asked to see his wallet, according to court documents.

The gunshot victim said he began to walk, pushing his bicycle toward Sixth Street as Stewart followed him. At the corner of Sixth and Pearl streets, he said Stewart grabbed the bike and that he told Stewart he could have it. Stewart allegedly pulled a small silver handgun from his pocket and once they were near the coroner of Sixth and Buckeye streets that Stewart reportedly fired the gun, the affidavit stated.

The round struck the man in the leg and he turned to run away. He said while he was running he heard “six to seven” more rounds. He called 911 and was headed toward the police department when he flagged down a cruiser he saw turning onto Central Avenue, according to court records.

Surveillance video in the area following the shooting shows a woman identified as the gunshot victim’s girlfriend walking with Stewart, who had a white T-shirt covering his face, according to court documents.

The girlfriend admitted to police that she called Stewart following her argument with her boyfriend but said she did not call Stewart to come over to harm the victim. She told police she picked up the victim’s bicycle in the street and heard four possible gunshots but told police she did not see the shooting or Stewart with a gun, court records state.

Stewart is held on $250,000 bail in the Montgomery County Jail.