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Wednesday, June 13,2012

Alleged assault could send paroled murderer back to prison

By Jim Phillips

Photo Caption: David Losey, Sr.

Whether a Glouster man recently paroled from prison in a murder case will have to go back after allegedly assaulting a teenaged boy will be up to the Ohio Adult Parole Authority, Athens County Prosecutor Keller Blackburn said this week.

David Losey, Sr., 57, has pleaded not guilty to a misdemeanor assault charge for allegedly striking a 13-year-old in the head with his fist. The alleged incident happened less than a month after he was released from state prison, where he had been serving a sentence of 15 years to life on a murder conviction.

Losey's prison term started in October 1991, so he had served more than 20 years when he was released.

A jury in Athens County Common Pleas Court had found him guilty of "stomping" another man, 36-year-old Donald MacNaughton, to death in a May 1991 incident in Glouster. The prosecutor at that time, Michael Ward – now a common pleas judge – acknowledged that he could see no motive for Losey's wanting to kill MacNaughton, who was reportedly a total stranger to him.

Losey repeatedly asked for and was denied parole, but after his last request, late last year, the Parole Board granted him release as of May 17.

If Losey committed the recent alleged assault, said Athens County Prosecutor Keller Blackburn, this could lead the APA to take action regarding his parole. Such action could include sending him back to prison for life, sending him back for some lesser period of time, or incarcerating him in the regional jail in Nelsonville, Blackburn said, adding that APA authorities have told him they plan to schedule a hearing on the matter.

Blackburn noted that committing an assault would violate Losey's parole terms, but that there's also an issue with where it took place. Losey is supposed to be living in another county as part of his release terms, he said, but there is some indication he has moved back to Athens County. The website of the Ohio Department of Rehabilitation and Correction gives Losey's county of residence as Fairfield

"My office is handling the criminal prosecution," Blackburn said, adding that this is "not something we normally would do" on a first-degree misdemeanor. He said his office may take the case to a grand jury, but is still investigating to see how to proceed.

"We're looking at the extent of the injury (to the alleged victim)," he explained.

The file on Losey's case in Athens County Municipal Court indicates that he was arrested by Jacksonville Police for allegedly striking a 13-year-old boy in Trimble earlier this month. Blackburn said he's unclear on the circumstances of the alleged assault. "I believe the facts are in contention," he said.

The prosecutor said the alleged victim's mother filed a complaint after her son came home injured. Jacksonville Police investigated, leading to Losey's being arrested and incarcerated at the regional jail in Nelsonville Saturday.


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