Found Deceased OH - Sierah Joughin, 20, Fulton County, 19 July 2016 #7 *Arrest*

[margarita25]

K2006 Ohio Revised Code - 2927.01. Abuse of a corpse.

§ 2927.01. Abuse of a corpse.
*

(A)* No person, except as authorized by law, shall treat a human corpse in a way that the person knows would outrage reasonable family sensibilities.*

(B)* No person, except as authorized by law, shall treat a human corpse in a way that would outrage reasonable community sensibilities.*

(C)* Whoever violates division (A) of this section is guilty of abuse of a corpse, a misdemeanor of the second degree. Whoever violates division (B) of this section is guilty of gross abuse of a corpse, a felony of the fifth degree.**

http://law.justia.com/codes/ohio/2006/orc/jd_292701-9d05.html


Gross abuse of a corpse, a felony of the fifth degree, occurs when a person violates the following: “no person, except as authorized by law, shall treat a human corpse in a way that the person knows would outrage reasonable community sensibilities.”Oct 7, 2015

*Great question re: family vs. community. :waitasec:

crsr18, if you see this....

Can you please speak to the difference between abuse of a corpse and gross abuse of a corpse?

I see one word difference in definition, 'family' vs. 'community'

http://codes.ohio.gov/orc/2927.01

I am not sure what the difference is, either with action by the accused, or how one would determine family vs. community sensibilities.

TIA!

 

[NewMama]

Any time you mishandle a dead body you are mishandling/abusing a corpse. A funeral home that stored and did not cremate or intern bodies got a bunch of those charges. Buryong someone in a shallow grave would be abuse of a corpse, as well as dismemberment or any kind of mistreatment of a corpse.


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I believe I read in Ohio there were two levels of abuse of a corpse. The lesser is what funeral homes are normally charged with. The greater would apply to JDW.
That was my take on it.

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[Steleheart]

I was successful entering ONLY "Worley" after several tries. View attachment 99872

LOL That works. There are other Worleys but not with today's date.

So to use the whole name it must be Worley comma space james

 

[NWOhio]

I wonder if there was video evidence for the other murder indictments.

 

[Ginger8915]

I believe I read in Ohio there were two levels of abuse of a corpse. The lesser is what funeral homes are normally charged with. The greater would apply to JDW.
That was my take on it.

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And I think that is where tge family /community comes into play. A funeral home mishandling bodies is likely to upset people, primarily the families, but a murdered girl in a community left in a shallow grave would shock and enrage the community. The gross abuse was probably tge original charge, and the abuse is just in case they can't convict on one, but can produce enough evidence for the lesser charge.

I sat on a jury once. The options were 2nd degree murder, aggravated vehicular homicide or vehicular homicide. Not enough for murder, the guy didn't set out that day to kill someone but aggravated vehicular homicide was the conviction because of his egregious actions. A reasonable person would have believed that death or serious injury could occur from his negligent actions.

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[Everyday Grace]

Prosecutors have said they will pursue the death penalty against James Worley for the July killing of Sierah Joughin.

The announcement came this morning with the release of a grand jury’s has indictment of Worley on 19 charges.

http://www.toledoblade.com/Courts/2016/08/16/Grand-jury-indicts-Worley-in-Sierra-Joughin-case.html

 

[smallfry345]

http://www.toledoblade.com/Courts/2016/08/16/Grand-jury-indicts-Worley-in-Sierra-Joughin-case.html

"Prosecutors allege Ms. Joughin is the lone victim in the case."

 

[Kadoober]

"Prosecutors allege Ms. Joughin is the lone victim in the case."

It's my guess that there will eventually be other cases.
All the indictments today related solely to Sierah, she is the lone victim in the case.

 

[nonanks]

http://law.justia.com/codes/ohio/2006/orc/jd_290501-8833.html

so this is my first time posting so hope this is ok.
so according to the above these apply?
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;

then this being F1 part?
[FONT=&quot](F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply: [/FONT]
[FONT=&quot](1) Its dominant appeal is to prurient interest;

[/FONT]

 

[Steleheart]

"Prosecutors allege Ms. Joughin is the lone victim in the case."

Indeed because previous victims would be separate cases. If he had abducted 2 friends there would be 2 victims of that kidnapping.
Previous victims would depend on what evidence they have. a murder, a rape an assault. would be separate cases.

In this case, Sierah is the lone victim.

Previously the Blade and others asserted by what was found that there have been other victims and we know from the earlier attempt there are. But not for 'this case'.

“Worley fits the profile of a serial offender and could potentially have additional unknown victims who could have been kept at the above described location,” wrote Sgt. Matthew Smithmyer of the Fulton County Sheriff’s Department, adding that he knows ”based upon his knowledge and experience that these types of offenders will often keep trophies.”
http://www.toledoblade.com/Police-F...idden-room-on-Jouhing-suspect-s-property.html

MOO

 

[Kadoober]

http://law.justia.com/codes/ohio/2006/orc/jd_290501-8833.html

so this is my first time posting so hope this is ok.
so according to the above these apply?
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;

then this being F1 part?
[FONT="](F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply: [/FONT]
[FONT="](1) Its dominant appeal is to prurient interest;

[/FONT]

Welcome to Websleuths, nonanks!

I'm not a lawyer, so take this with a grain of salt.
(I'm a dingbat, so I deleted all that salt)

Just... Welcome nonanks! :wagon:

 

[Foxfire]

"Prosecutors allege Ms. Joughin is the lone victim in the case."

<BBM for Focus>

I interpret this to mean that the multiple charges true billed in the grand jury indictment are related to SJ's kidnapping and murder only. Imo, this statement doesn't discount that there may be other unknown victims of JDW being investigated.


http://www.toledoblade.com/Courts/2016/08/16/Grand-jury-indicts-Worley-in-Sierra-Joughin-case.html

 

[nonanks]

those are the charges listed

 

[SueDonim]

<BBM for Focus>

I interpret this to mean that the multiple charges true billed in the grand jury indictment are related to SJ's kidnapping and murder only. Imo, this statement doesn't discount that there may be other unknown victims of JDW being investigated.


http://www.toledoblade.com/Courts/2016/08/16/Grand-jury-indicts-Worley-in-Sierra-Joughin-case.html

It was explained to me that each jurisdiction gets to place a charge. So the Feds and the State can both charge him with murder, the County, State and Feds can charge him with kidnapping, ect.

I see someone else said the same thing in the comments of that Blade post.

 

[Ginger8915]

F1 f3 etc. Is the felony level, some have lower felony classifications for the same charge. Totally normal for multiple charges of the same crime just different tiers. It will matter which conviction they get.

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[Steleheart]

http://law.justia.com/codes/ohio/2006/orc/jd_290501-8833.html

so this is my first time posting so hope this is ok.
so according to the above these apply?
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;

then this being F1 part?
[FONT="](F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply: [/FONT]
[FONT="](1) Its dominant appeal is to prurient interest;

[/FONT]

Don't know where the F1 classification comes from in the 2905 abduction counts but it looks to me as "Felony class 1" Class 3, etc.

we have abduction counts filed as;
2905.02A1 F3
2905.02A2 F3

Kidnapping as;
2905.01A3 F1
2905.01A4 F1
2905.01B1 F1
2905.01B2 F1

Not sure where you saw your F1 but it reads like a different statute.

MOO

 

[BoggLed in Ohio]

<BBM for Focus>

I interpret this to mean that the multiple charges true billed in the grand jury indictment are related to SJ's kidnapping and murder only. Imo, this statement doesn't discount that there may be other unknown victims of JDW being investigated.


http://www.toledoblade.com/Courts/2016/08/16/Grand-jury-indicts-Worley-in-Sierra-Joughin-case.html

The news all came down while I was gone for physical therapy just catching up now but I'm so happy to see that the prosecutor is pursuing the death penalty!!! my next question is how long might it take to see possible other charges for other victims? I know they said they were going to test his DNA against what was retrieved from the Lori Ann Hill case .Has he actually been tested yet, has that been implemented yet, and how long might it take for the results?

 

[Ginger8915]

Don't know where the F1 classification comes from in the 2905 abduction counts but it looks to me as "Felony class 1" Class 3, etc.

we have abduction counts filed as;
2905.02A1 F3
2905.02A2 F3

Kidnapping as;
2905.01A3 F1
2905.01A4 F1
2905.01B1 F1
2905.01B2 F1

Not sure where you saw your F1 but it reads like a different statute.

MOO

01a3 terrorize or seriously harm.
01a4: engage in sexual axtivity
01b1: remove from place found.
01b2: restrain liberty.

Interesting for kidnapping and abduction charges there is a separte regulation for involuntary servitude.

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[Steleheart]

01a3 terrorize or seriously harm.
01a4: engage in sexual axtivity
01b1: remove from place found.
01b2: restrain liberty.

Interesting for kidnapping and abduction charges there is a separte regulation for involuntary servitude.

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So if she wasn't sexually assaulted why did they include the 01A4 kidnapping?

Can you show where you saw it because I didn't find the descriptions.

Tanks!

 

[smallfry345]

So if she wasn't sexually assaulted why did they include the 01A4 kidnapping?

Can you show where you saw it because I didn't find the descriptions.

Tanks!

Someone mentioned before that he may have sexually enjoyed causing pain or torturing people. Perhaps there is evidence of that?