XENIA — A Dayton man has pleaded guilty to aggravated murder and aggravated robbery in connection with the shooting death of a Fairborn Hampton Inn clerk.
Nearing the one year anniversary of the murder at 2550 Paramount Place, Disean Graham, 21, pleaded guilty to the charges Feb. 20 in Greene County Common Pleas Court. Records show the two aforementioned offenses are not allied offenses, with separate dates and victims. According to the plea agreement, the state dismissed other counts of murder, aggravated robbery, kidnapping, and firearms specifications.
Hotel employee Andrew Day, 29, was working behind the counter when he was shot and killed March 7, 2018 during a robbery. Two others were indicted in connection to the crimes: Michael McLendon, 25, of Dayton and Morgan Klink, 26, of Dayton.
By law, the total maximum sentence for the aggravated murder count is life imprisonment without parole, plus 11 years imprisonment for the aggravated robbery, court records show. The state has indicated in a plea agreement report that they will recommend 20 years to life on the first count, with a consecutive prison sentence of 11 years on the latter. The report said Graham will ask for the 11 years to run concurrently with the first count.
According to a bill of particulars filed by the prosecutor’s office, in regards to the aggravated murder charge, Graham used a firearm to rob Day of money from the Hampton Inn cash register, “when Co-Defendant McLendon did purposely cause the death of the victim, Andrew Day.”
The aggravated robbery charge to which Graham pleaded guilty stems from, according to the bill, a Feb. 10, 2018 incident in which he and co-defendants used firearms to compel a victim to give them money from the cash drawer at the Fairfield Inn, a neighboring hotel to the Hampton Inn.
Graham’s pleas comes shortly after Klink’s guilty pleas. Klink pleaded guilty to involuntary manslaughter and aggravated robbery Jan. 31, in exchange for the dismissal of the murder charge.
McLendon, the first to be indicted, pleaded not guilty to aggravated murder, aggravated robbery, felonious assault, firearms specifications and repeat violent offender specifications in May 2018. The charges make him eligible for the death penalty. He was given no bond.
However, McLendon was found incompetent to stand trial and ordered to undergo competency restoration treatment. According to court records, a recent status report from his doctor indicates he can be restored to competency within the time allowed, and will return to Greene County Jail upon completion of treatment.
Graham’s early March jury trial in Judge Stephen Wolaver’s courtroom is now off the docket, with a sentencing date to be determined.
