Last trial date set for former Miami University student charged in rape at off-campus residence

BY ELISABETH DODD

Miami University journalism student

A February 20 trial date was set this week for the last of three men charged this summer in the rape of a woman who was visiting Miami University earlier this year.

Dressed in a jail jumpsuit, Rodney Gibson II, 21, of Cincinnati, was quiet during his Monday court appearance in Butler County Common Pleas Court as his lawyers asked the judge to reduce his bond based on results from toxicology reports.

In their motion, lawyer John Keller and Scott Kruger argued results from a toxicology report "on its face does not support the allegation of intoxication or substantial impairment,'' of the victim tied to the rape, sexual battery and kidnapping charges filed in July against Gibson and two other men.

Gibson, Elijah Lee Mincy, 21 and Roger Simpson, 23, were arrested in July on charges outlined in a 72-count indictment handed down by a grand jury in June. The charges alleges the men raped a woman on February 11 and 12 at an off-campus residence. The woman reported the assault the following day.

Mincy's court date is set for Jan. 23. Simpson will face trial on Jan. 2.

"The issue of 'substantial impairment' is a significant factor in the majority of counts filed against Mr. Gibson,'' the lawyers wrote in the motion.

Butler County Common Pleas Judge Michael Oster set the Feb 20. trial date for Gibson but did not reduce his bond during the court hearing. Gibson remains jailed in Butler County.

The lawyers asked Oster to either reduce the $250,000 bond that was set in July or to allow for someone to post 10 percent of the total amount.

The lawyers asked the judge to consider that Gibson has no prior juvenile court nor adult court criminal record, said he was a Talawanda High School graduate and that he had worked Garden Commons while studying kinesiology at Miami University.

Gibson would live with his father and stepmother who would "keep a watchful eye" over him and would agree to electronic monitoring, the lawyers wrote in the motion.

"Understanding every case is different, and the court is mindful of these tests and the court will take that into consideration," Oster said at the end of the hearing.

Gibson's lawyers did not return phone calls seeking comment. The prosecutor, Kelly Heile, declined comment.

It was unclear when the judge may issue his ruling.

Oster denied a motion to reduce Mincy's $250,000 bond on Sept. 20.

Simpson, who according to court records is indigent, did not request a reduction of his $300,000 bond. They both also remain jailed.

Gibson standing before Judge Michael Oster at his hearing-- Photo by Elisabeth Dodd.