IN THE COURT OF COMMON PLEAS OF SANDUSKY COUNTY! 'dHi0 CRIMINAL DIVISION 7517 JUK 12. AH 6: 20 ‘STATE OF OHIO, ) TRACY M4. OVEN BK Plaintiff, ) Cason, 17-0n- SE" vs ) Judge Daniel R. Myers ) BILL OF INDICTMENT LKA: 848 County Road 224, Lot 79 Clyde, OH 43410 Dol BOB: ositert98e ; Judge John P. Dewey ARR. AGENCY: Sandusky County Sheriff Department Defendant. ! THE JURORS OF THE GRAND JURY FOR THE COUNTY OF SANDUSKY AND THE STATE OF OHIO, within and for the body of the County aforesaid, on their oaths, in the name and by the authority of the State of Ohio, do find and present that: SOUNT4: On or about 04/09/2015, in Sandusky County, Ohio, the defendant did purposely cause the death of another while committing or attempting to commit, or while fleeing immediately after committing ‘or attempting to commit kidnapping, to wit: the defendant did cause the death of Heather Bogle while committing or attempting to commit kidnapping. In Violation of OHIO REVISED CODE SECTION 2903.01(B) AGGRAVATED MURDER - An Unclassified Felony PENALTY: Defendant shall suffer death or be imprisoned for life, as determined pursuant to sections 2929.022, 2929.03, and 2629.04 of the Revised Code. Pursuant to 2971.03, if the offense for which the sentence is being imposed is aggravated murder and if the court does not impose upon the offender a ‘sentence of death, it shall impose upon the offender a term of life imprisonment without parole. If the ‘court sentences the offender to death and the sentence of death is vacated, ‘overturned, or otherwise set aside, the court shall impose upon the offender a term of life imprisonment without parole and up to $20,000 fine, ‘SPECIFICATION ONE TO COUNT ONE PURSUANT TO 2929.04(A)(7): The Grand Jurors further find and specify that the offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit kidnapping and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design. ‘SPECIFICATION TWO TO COUNT ONE PURSUANT TO 2929.04(A)(7): The Grand Jurors further find and specify that the offense was committed while the offender was. committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery and either the offender ‘was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design. 49S LKState of Ohio v. Daniel R. Myers page 2 SPECIFICATION THREE TO COUNT ONE PURSUANT TO 2929.14(B)(1)(a): The Grand Jurors further find and specify that the defendant did have a firearm on or about his person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense, carrying a mandatory three-year prison term. ‘SPECIFICATION FOUR TO COUNT ONE PURSUANT TO 2971.03: The Grand Jurors further find and specify that the offender committed the offense with a sexual motivation. ‘SPECIFICATION FIVE TO COUNT ONE PURSUANT TO 2971.03: The Grand Jurors further find and specify that the offender is a sexually violent predator. SOUNT 2: On or about 04/09/2015, in Sandusky County, Ohio, the defendant did purposely cause the death of another while committing or attempting to commit, or while fleeing immediately after committing or attempting to commit aggravated robbery, to wit: the defendant did cause the death of Heather Bogle while committing or attempting to commit aggravated robbery. In Violation of OHIO REVISED CODE SECTION 2903.01(B) AGGRAVATED MURDER — An Unclassified Felony PENALTY: Defendant shall suffer death or be imprisoned for life, as determined pursuant to sections 2920.02, 2929.03, and 2929.04 of the Revised Code. Pursuant to 2971.03, if the offense for which the ‘sentence is being imposed is aggravated murder and if the court does not impose upon the offender a ‘sentence of death, it shall impose upon the offender a term of life imprisonment without parole. If the court sentences the offender to death and the sentence of death is vacated, overturned, or otherwise set aside, the court shall impose upon the offender a term of life imprisonment without parole and up to. $20,000 fine. SPECIFICATION ONE To COUNT BNE PURSUANT TO 2929.04(A)(7): The Grand Jurors further find and specify that the offense was committed while the offender was committing, attempting to commit, or fleeing immediately after commiting or attempting to commit kidnapping and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design. SPECIFICATION TWO TO COUNT TWO PURSUANT TO 2929.04(A)(7): The Grand Jurors further find and specify that the offense was committed while the offender was committing, attempting to commit, or fleeing immediately after committing or attempting to commit aggravated robbery and either the offender was the principal offender in the commission of the aggravated murder or, if not the principal offender, committed the aggravated murder with prior calculation and design. SPECIFICATION THREE TO COUNT TWO PURSUANT TO 2929.14(B)(1)(a):_The Grand Jurors further find and specify that the defendant did have a firearm on or about his person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense, carrying a mandatory three-year prison term.State of Ohio v. Daniel R. Myers page 3 SPECIFICATION FOUR TO COUNT TWO PURSUANT TO 2971.03: The Grand Jurors further find and ‘specify that the offender committed the offense with a sexual motivation. SPECIFICATION FIVE TO COUNT TWO PURSUANT TO 2971.03: The Grand Jurors further find and ‘specify that the offender is a sexually violent predator. SOUNT 3: On or about 04/09/2016, in Sandusky County, Ohio, the defendant, in attempting or committing a theft offense, as defined in section 2913.01 of the Revised Code, or in fleeing immediately after the attempt or offense, did inflict, or attempt to inflict, serious physical harm on another, to wit: the defendant inflicted serious physical harm to Heather Bogle during or after committing a theft offense. In Violation of OHIO REVISED CODE SECTION 2911.01(A)(3) AGGRAVATED ROBBERY - A Felony of the First Degree PENALTY: A term of 3-11 years imprisonment and up to $20,000 fine. SPECIFICATION ONE TO COUNT THREE PURSUANT TO 2929.14(B)(1)(a): The Grand Jurors further find and specify that the defendant did have a firearm on or about his person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the Offender possessed the firearm, or used itto facilitate the offense, carrying a mandatory three-year prison term. COUNT 4: On or about 04/09/2018, in Sandusky County, Ohio, the defendant, by force, threat, or deception, by any means, did remove another from the place where the other person is found or restrain the liberty of the other person, to terrorize, or to inflict serious physical harm on the victim or another, to wit the defendant restrained Heather Bogle to terrorize her and inflict serious physical harm. In Violation of OHIO REVISED CODE SECTION 2905.01(A)(3) KIDNAPPING - A Felony of the First Degree PENALTY: Pursuant to 2971.03 (3)(), ifthe offense for which the sentence is being imposed is an offense other than aggravated murder, murder, or rape and other than an offense for which a term of life imprisonment may be imposed, it shall impose an indefinite prison term consisting of a minimum term fixed by the court from among the range of terms available as a definite term for the offense, but not less than two years, and a maximum term of life imprisonment and up to $20,000 fine. SPECIFICATION ONE TO COUNT FOUR PURSUANT TO 2929.14(B)(1)(a): The Grand Jurors further find and specify that the defendant did have a firearm ‘on or about his person or under the offender's Control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to faciitate the offense, carrying a mandatory three-year prison term. SPECIFICATION TWO TO COUNT FOUR PURSUANT TO 2971.03: The Grand Jurors further find and ‘Specify that the offender committed the offense with a sexual motivation, SPECIFICATION THREE TO COUNT FOUR PURSUANT TO 2971.03: The Grand Jurors further find and specify that the offender is a sexually violent predator.‘State of Ohio v. Daniel R. Myers page 4 GOUNTS: On or about 04/09/2015, in Sandusky County, Ohio, the defendant, knowing that an official Proceeding or investigation is in progress, or is about to be or likely to be instituted, did alter, destroy, conceal, or remove any record, document, or thing, with purpose to impair its value or availability as evidence in such proceeding or investigation, to wit: the defendant concealed evidence in the investigation of the death of Heather Bogle. In Violation of OHIO REVISED CODE SECTION 2921.12(A)(1) ‘TAMPERING WITH EVIDENCE - A Felony of the Third Degree PENALTY: A term of 9, 12, 18, 24, 30 or 36 months imprisonment and up to $10,000 fine. SPECIFICATION ONE TO COUNT FIVE PURSUANT TO 2929.14(B)(1)(a): The Grand Jurors further find ‘and specify that the defendant did have a firearm on or about his person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender Possessed the firearm, or used it to facilitate the offense, carrying a mandatory three-year prison term.State of Ohio v. Daniel R. Myers page 5 and against the peace and dignity of the State of Ohio. THIS BILL OF INDICTMENT FOUND UPON SWORN TESTIMONY BEFORE THE GRAND JURY OF SANDUSKY COUNTY ON FRIDAY, JUNE 9, 2017.