Woman beaten unconscious in attack at Dayton gas station; Suspect released from jail uncharged
The man at the center of a brutal beating at a local gas station is walking free with no charges against him.
The attack happened last Monday at the United Dairy Farmers on E. Siebenthaler Avenue. It was caught on camera and Dayton police described it as “extremely violent.”
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On Friday, police were asking for the public’s help locating the man and woman involved. They released photos of the pair and said there appeared to be an argument, which led to the man stepping on the woman’s neck. He then picked her up, put her in an SUV, and drove off.
A 911 call obtained by News Center 7 provides insight into what witnesses saw.
“I just witnessed a man beating up an unconscious woman, like stomping on her face,” the 911 caller said.
They even told dispatchers the woman looked like she was “out cold.”
Police confirmed just two hours after asking for help, that the man had been arrested. They said he was from Lima and had been arrested there. News Center 7 obtained Allen County Jail records that identify him as 58-year-old David Simmons.
Not long after Simmons’ arrest was announced, police confirmed they’d located the woman and confirmed she was OK.
Police seemed confident on Friday that charges would soon be approved, but News Center 7 learned Simmons was released from jail in Lima on Monday.
As reported on News Center 7 at 5:00, we reached out to the Montgomery County Prosecutor’s Office about why he hadn’t been charged. They sent a statement which said:
“It was determined and agreed by the APA (Assistant Prosecuting Attorney) and the investigating detective that there needs to be some further investigation, including the gathering and processing of evidence before it can be determined if any felony charges are appropriate.”
