Beruflich Dokumente
Kultur Dokumente
State of Ohio
NISRE, Inc.
1561 Old Leonard Ave.
Columbus, OH 43219
(Serve: Ohio Registered Agent Corp.
100 East Broad St.
Columbus, OH 43215)
and
Defendant
2. The Plaintiff is the Estate of Reagan Tokes by the Administrator Gregory Utter.
2017.
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4. The survivors and next of kin of Reagan Tokes are her father, Toby Tokes, her
5. Defendant NISRE, Inc. owns and operates the Exit Program, a Community
from prison.
7. DRC and NISRE, Inc. have entered into an agreement whereby DRC pays
per day per resident. The agreement provides, in part, that NISRE, Inc.
8. OAC 55120:1-3-07 provides, in part, that the "licensed agency (NISRE, Inc.)
shall establish a staffing pattern that ensures that staff will be available to assist
and monitor offenders as needed." The regulation further provides that "Any
unit in the division of Parole and Community Services — the Ohio Adult Parole
Authority (APA). R. C. 5149.02. Paroled persons are subject to the jurisdiction of the
APA. , and parolees " . . . shall be supervised by the field services section through its staff
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of parole and field officers in such a manner as to insure as nearly as possible the
offender's rehabilitation while at the same time providing maximum protection to the
Factual Allegations
11. Brian Golsby was released from imprisonment by the Ohio Departrnent of
Rehabilitation and Corrections in November 2016 after having served a six year
sentence for robbery and attempted rape entered by the Franklin County Court of
Common Pleas. State of Ohio v. Brian Golsby, No. 10 CR-11-6861. Thereafter Golsby
was on parole, that is, mandatory post-release control pursuant to R.C. 2929.19 (B)(3)(c),
(d) and (e) for five years. As a parolee, Golsby was subject to the supervision and
12. As a consequence of the conviction for attempted rape, Golsby was denominated
a Tier 3 Sex Offender, requiring him to register with the State of Ohio for the rest
of his life.
14. When Golsby was released from prison, he was evaluated by DRC as a high risk
offender.
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15. As a part of Golsby's post release control, he was required to wear an ankle/
of the APA.
16. The GPS monitoring device was installed on Golsby on November 22, 2016 by
the Alvis House, a halfway house in Columbus, however Golsby was rejected for
residency at the Alvis House by its staff because of his violent sex offender
history.
17. The GPS monitoring device recorded the exact whereabouts of Golsby, and the
18. The GPS data was accessible to the APA and Golsby's parole officer
19. Access to Golsby's GPS data could be obtained by entering a password into the
20. In addition, the GPS system had the capacity to directly and automatically notify
the APA and/ or the parole officer without a password entry of Golsby's curfew
violations. The GPS system, in addition had the capacity to notify the APA and/
belief, APA did not set up •the system on Golsby to record and report exclusion
zone violations.
21. APA and Golsby's parole officer did not set up the GPS to be automatically
22. Thus, APA and Golsby's parole officer did not contemporaneously obtain
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Golsby's GPS data, and did not inform itself of Golsby's multiple violations of curfew
and his presence at the site of seven robberies occurring in January and February of
2017.
23. After the rejection by Alvis House, Golsby's parole officer arranged for Golsby to
24. Since the murder of Reagan Tokes, the Exit Program, in order to deflect liability,
has publicly disavowed its contractual and Ohio regulatory obligations under
OAC S 5120:1-3-07 "to establish a staffing pattern that ensures that staff will be
available to assist and monitor offenders as needed." Instead, the Exit Program
had a skeleton staff, and the Exit Program regarded itself soley as a "housing
program" where Golsby was "free to come and go as he pleased." The only
limitation, according to the Exit Program, was that Golbsy had to "be at home
25. On December 1, 2016 Golsby was sanctioned for violating a term of his release
26. On December 12, 2016 Golsby was again sanctioned for violating a term of his
27. On January 22, 2017 Golsby was absent from the Exit Program and
residing in the area of Cleveland Ave. and Manchester Ave. between the
a.m. This absence became known to APA, and Golsby was sanctioned for violating the
terms of his release. This was his third violation in two months.
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28. Golsby was not arrested or put under more restrictive conditions as a result of the
29. Because of the Exit Program's virtually non-existent monitoring, and the failure
of APA and Golsby's parole officer to access his GPS data, Golsby roamed
German Village and the Near North sections of Columbus on a crime wave in
late January and early February 2017 consisting of not less than seven felonies
for which he has been convicted. Six of the victims were women. Golsby brutally
beat and robbed these victims. He was armed with a knife and a gun.
30. On January 23, 2017 Golsby assaulted a women inside the garage of her home on
Jaeger St. The victim was attempting to get in her vehicle when she saw Golsby
enter the garage. The APA did not seek to obtain the GPS data of January 23,
2017 until after the murder of Reagan Tokes. The Exit Program made no
31. On January 24, 2017 Golsby committed an aggravated robbery at 7:12 a.m. at
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Bruck St. against a woman. He placed a knife to her throat and demanded money.
His armed leaving of the Exit Program was not monitored, and not noticed. The Exit
Program made no report relating to this incident to Golsby's probation officer or the
APA. The APA did not seek to obtain the GPS data of Golsby for January 24, 2017 until
32. On January 27, 2017 Golsby left the Exit Program in the early morning
work at Children's when Golsby approached her holding a knife and told her not to
scream or he would kill her. He demanded her purse. His leaving of the Exit
monitored, and not noticed. The Exit Program made no report of his curfew violation to
Golsby's probation officer to the APA or Golsby's parole officer. The APA did not seek
to obtain the GPS data of Golsby for January 27, 2017 until after the murder of Reagan
Tokes.
33. On February 1, 2017 at 10:00 p.m. Golsby committed another aggravated robbery
at Dragon One, 721 E. Broad St. against a male, this time with the aid of a
firearm. His absence from the Exit Program was not monitored, and not noticed.
The Exit Program made no report of his curfew violation to Golsby's probation
officer. The APA did not seek to obtain the GPS data of Golsby for February 1,
another aggravated robbery at 8:51 p.m. at 289 S. Monroe Ave. with the aid
and withdraw money. His absence from the Exit Program was not
monitored, and not noticed. The Exit Program made no report of his
absence to Golsby's probation officer. The APA did not seek to obtain the
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GPS data of Golsby for February 2, 2017 until after the murder of Reagan
Tokes.
35. On February 6, 2017 Golsby committed another aggravated robbery at 9:49 p.m.
at 724 Mohawk Street of a woman in front of her house. Golsby put a gun to the
woman's head and demanded her purse. He ripped the purse from her and shoved
her to the ground and then pistol whipped her in the face. His nighttime absence
from the Exit Program was not monitored, and not noticed. The Exit Ibrogram
made no report of his absence to Golsby's probation officer. The APA did not seek
to obtain the
GPS data of Golsby for February 6, 2017 until after the murder of Reagan Tokes.
36. On February 7, 2017 Golsby again left the Exit Program in the early
woman at
Nationwide Children's, Mooberry St. & Carpenter St., this time with a firearm. His
leaving of the Exit Program was not monitored, and not noticed. The Exit Program
made no report of his curfew violation to Golsby's probation officer. The APA did
not seek to obtain the GPS data of Golsby for February 7, 2017 until after the
murder of
Reagan Tokes.
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37. At some time between February 1, 2017 and February 9, 2017 Golbsy
acquired a firearm for which he was later charged with the 3rd degree felony
38. On February 8, 2017 Golsby again was absent from the Exit Program after
hours and was trolling streets in Short North in search of his next victim.
His nighttime absence from the Exit Program was not monitored, and not
noticed. The Exit Program made no report of his absence after the curfew
39. At 9:45 p.m. on February 8, 2017 Golsby was outside of the Bodega Restaurant
as Reagan Tokes was getting off work. Her car was parked at E. 3r and Mt.
Pleasant.
40. At 10:03 p.m. Golsby forced Reagan Tokes to withdraw $60.00 from the Chase
42. At 11:50 p.m. the car containing Golsby and Reagan Tokes entered Scioto Grove
Metro Park. The temperature was between 19 and 20 degrees Fahrenheit, and
43. Golsby then stripped Reagan Tokes of all of her clothing and raped her.
44. Golsby then dragged her out of the car and across the frozen ground.
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45. Reagan Toke's last words, according to Golsby's later confession were, "I just
want to live."
46. Golsby then shot Reagan Tokes twice in the back of her head, and left her
47. Golsby drove away, and later attempted to set the car on fire.
48. Two days later, Golsby was arrested and charged with aggravated murder,
charges by a jury on March 13, 2018, the jury returning guilty verdicts on
49. On March 21, 2018 Judge Serrott sentenced Golsby to life imprisonment without
CAUSES OF ACTION
50. Plaintiff realleges paragraphs one through forty-nine as if fully set forth herein.
51. This is an action for the wrongful death of Reagan Tokes brought pursuant
to
R.C. 2125.01. The NISRE/Exit Program by contracting with the D.R.C. as a "facility for
offenders released from prison," and thereby obligating itself by contract and regulation
to monitor the resident offenders and report unusual incidents, established a "special
relationship" with the public at large. Such "special relationship" obligated the
NISRE/Exit Program to exercise ordinary care in protecting members of the public from
violent crimes, including murder and rape. NISRE/ Exit Program failed to exercise
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ordinary care with regard to Reagan Tokes. The negligence of NISRE/Exit program
consists (1) in its failure to effectively monitor Golsby and discover his possession of a
gun and a knife; (2) in its failure to report to the APA, Golsby's repeated curfew
violations; (3) in its failure to have sufficient staff on site in order to effective monitor
52. As a consequence of the negligence of the Exit Program, APA was not notified of
repeated violations of his release, and thus Golsby was not violated, and not
arrested, and/ or put under more restrictive conditions which would have obviated
53. Plaintiff realleges paragraphs one through fifty-two as if fully set forth herein.
54. Defendant DRC was negligent in (a) not violating and arresting Golsby after the
January 22, 2017; (b) causing Golsby to be equipped by a GPS monitoring device
and system that provided real time information of his location and not accessing
the GPS data until after the murder of Reagan Tokes,(c) failing to establish
monitored exclusion zones for Golsby (d) and causing Golsby to be housed at the
Exit Program.
55. The negligence of DRC in causing Golsby to be housed at the Exit Program
consisted of DRC's:
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(a) knowing that Golsby when discharged from prison was evaluated
(b) knowing that he was rejected for halfway house residency at the Alvis
(c) knowing that the Exit Program did not monitor its residents in
Exit Program r requirements of sanctions for residents who violated reporting and
curfew rules;
(e) not strictly enforcing a requirement that the Exit Program notify the
56. The consequence of the negligence of DRC/ APA, inter alia, in failing to arrest
Golsby after three violations, in locating Golsby at the Exit Program, in allowing
the deficiencies of the Exit Program, in failing to strictly require the Exit Program
monitor its residents for the possession of weapons, and in failing to access the
GPS data in real time--is that Golsby was neither arrested nor put under more
57. Plaintiff realleges paragraphs one through fifty- six, as if fully set out herein.
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58. This is, in addition, a survivor's action brought pursuant to R.C. 2305.01 on behalf
of Reagan Tokes' mother, father and sister — Lisa Tokes, Toby Tokes, and
Makenzie Tokes.
59. For two hours prior to her death, Reagan Tokes was kidnapped and brutally
raped. During this time she suffered conscious pain and suffering.
60. The suffering of Reagan Tokes was the result of the negligence of NISRE/Exit
Program.
61. Plaintiff realleges paragraph one through sixty as if fully set forth herein.
62. As a result of the negligence of DRC, Reagan Tokes was kidnapped and
brutally raped. During this time she suffered conscious pain and suffering.
63. The suffering of Reagan Tokes was the result of the negligence of DRC.
Damages
64. The members of the estate of Reagan Tokes, the mother, father and sister have
suffered the loss of her society and companionship. The parents and sister have also
suffered gravq mental anguish. Further, the estate has suffered the loss of future earnings
of Reagan Tokes.
65. Reagan Tokes, herself, suffered acute physical and mental pain prior to her death
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(c) Such other relief as is just and proper.
Respectfully submitted,
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Robert B. Newman (0023484)
215 E. 9th St. Ste. 650
Cincinnati, OH 45202 513-639-7000
robertnewman@ ewman-meeks.com
JURY DEMAND
Plaintiff demands trial by jury with respect to the claims related to NISRE/Exit
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Program as provided by the Rules of Civil Procedure.
Robert B. Newman
PROBATE COURT OF HAMILTON COUNTY, OHIO
RALPH WINKLER, JUDGE
ESTATE O REAGAN
TOKESDECEASED
CASE NO.
On hearing in open Court the application of the above fiduciary for authority to administer decedent's
estate, the Court finds that;
[Check one of the following] C] Bond is dispensed with by the Will Bond is dispensed with by law -O
Applicant has executed and filed an appropriate bond, which is approved by the Court; and
Date
CERTIFICATE OF APPOINTMENT AND INCUMBENCY
The above document is a true copy of the original kept by me as custodian of. the records of this Court. It