Dayton Daily News: Troy council candidate not indicted

Grand jury finds no probable cause for weapons charge

A Miami County grand jury failed to return any criminal indictments against a Troy City Council candidate accused by police with felony carrying a concealed weapon.

The grand jury’s report filed Wednesday in Common Pleas Court said it chose to ignore the allegations made against Boyd A. Tucker, a Democratic candidate for council’s 3rd Ward seat in the November election.

Police said Tucker, 37, was accused of pulling his jacket aside to show a loaded revolver on his holstered waistband to a police officer March 31. Tucker had flagged down the officer to provide further information about a robbery that had just occurred at West Race and South Cherry streets.

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Tucker had pleaded not guilty in April to the felony charge. He waived a preliminary hearing in Municipal Court on April 29, choosing to have a grand jury look at the allegations. The grand jury met Monday. He had been free on his own recognizance throughout the court process.

Tucker said he works for Sentry Security, which contracts with the Dayton Police Department to handle prisoners and provides security during events at the Dayton Convention Center and other venues.

He told police he witnessed two males beating and threatening a third male across from his residence. As the men ran down an alley, Tucker said he armed himself and followed until the men turned around and pointed what appeared to be a handgun at him.

County Prosecutor Gary Nasal said he could not comment on grand jury discussions. "What is clear is the grand jury found there is not probable cause the offense was committed or the defendant committed the offense."

OFCC PAC Commentary
This is the second time in as many weeks that an Ohio citizen has been cleared, by his peers on a grand jury, from charges that he did anything wrong by defending himself and those around him.

But why should these men have had to endure the public embarassment and private expense of arrest and legal representation? There is absolutely no good reason why Cincinnati's Hal McKinney, and Troy's Boyd A. Tucker, should have been considered guilty, placed in handcuffs and hauled downtown, then forced to attempt to prove their innocence. Ohio legislators need to pass HB12, and give Ohio's criminal justice system a place in the 21st century.

Click here to read the entire story in the Dayton Daily News.