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Posted: 1:50 p.m. Tuesday, Dec. 18, 2012

Judge suspends sentence for Blackstons

Middletown couple on three years probation for child endangering

By Rick McCrabb

HAMILTON —

The Middletown couple accused of locking their 12-year-old daughter in the basement avoided jail time, but were placed on three years probation Tuesday by visiting Judge Matthew Crehan.

Shawn and Joanna Blackston, who lost custody of their four dependent children earlier this month, were found guilty last month of child endangering for the mistreatment of their 12-year-old daughter, who lived in the basement under deplorable conditions and was malnourished. Crehan said there was no evidence, however, the girl was locked in the basement against her will.

Crehan, who called it a “very, very difficult case,” said the couple must attend parenting classes, find full-time employment, pay child support and court costs, but no fines. After the Blackstons left the Butler County courtroom with their attorneys, they refused comment and quickly walked down the steps.

Butler County assistant prosecutor Josh Muennich said he agreed with Crehan’s decision, which he called “fair.” Kim Schneider, another assistant prosecutor who tried the case with Muennich, said she hopes the children can “overcome” their hardships and one day live “as normal a life as possible.”

Tim Upton, Shawn Blackston’s attorney, said since last summer his client has lost several jobs because of the negative attention he has received, but he’s working third-shift in a warehouse. Upton told the judge that Blackston, 40, has only a few minor traffic offenses.

Joanna Blackston’s attorney Ched Peck said she has lost her nursing license and has no criminal record.

The couple at one point had eight children under their care. One has since turned 18 and the 15-year-old daughter of Shawn Blackston was removed from the couple’s custody following a domestic violence charge against her.

Four of the six children that were removed from the home this summer — ages 2, 4, 10 and 14 of the blended family — are in foster care and are expected to be placed in custody with their maternal grandparents, Kemal and Mildred Green of Hamilton, later this month during Christmas break. Earlier, visiting juvenile court Judge Tom Lipps ruled the Blackstons were permitted to visit their children, but not overnight.

Custody of the two other children and the 15-year-old is expected to be decided on Jan. 30 by Lipps.

At the time, he told the Greens they were not permitted to return the children to the Blackstons, and he said the children must receive counseling. The Journal isn’t naming the children.

On Nov. 16, the Blackstons were found guilty of child endangering and faced a six-month jail sentence. Crehan said the Blackstons treated the girl — Shawn’s daughter and Joanna’s stepdaughter — differently, including belittling her, ostracizing her and not providing enough food. However, they were not found guilty of the more serious charge of locking her in the basement.


Shawn and Joanna Blackston, of Middletown, were sentenced to six months in Butler County Jail, but that sentence was suspended and they were placed on three years probation by Judge Matthew Crehan Tuesday in Butler County Court.

The sentence ends a case that began in July when Butler County Children Services representatives were called to the Blackston’s Middletown home on Philadelphia Avenue.

July 3: Butler County Children Services investigators inspect the home of Shawn and Joanna Blackston, 1606 Philadelphia Ave. in Middletown, based on an anonymous complaint that a 12-year-old girl was locked in the basement. Based on the investigation, children services investors contact Middletown police. Detective Fred Shuemake responds and decides all six children living at the home should be removed. They are placed into foster care.

July 5: Shuemake revisits the Blackston’s house.

July 6: An arrest warrant for the Blackstons is issued by Middletown police. They are charged with felony kidnapping, unlawful restraint and child endangering.

July 7: The Blackston are found in a motel in Sharonville and arrested.

July 9: The Blackstons are arraigned in Middletown Municipal Court. Joanna Blackston posts a $25,000 bond; Shawn Blackston remains in jail.

July 11: A search warrant is issued and Shuemake searches the house.

July 16: Their case is bound over to the Butler County grand jury by retired Judge Robert Messham.

Aug. 21: A Butler County grand jury throws out the felony kidnapping and unlawful restraint charges and certifies the child endangering charge to Butler County Juvenile Court.

Sept. 17: The Blackstons appear before retired and visiting Judge Matthew Crehan in juvenile court. A three-day trial is set for November.

Nov. 13-15: The Blackstons stand trial for child endangering. Over the course of the three days, several people are called for the prosecution and defense, including Joanna Blackston and the 12-year-old who claims she was locked in the basement and was abused by her father and stepmother.

Nov. 16: The Blackstons are found guilty on child endangering, but there was no evidence that made the judge believe the girl was locked in the basement.

Nov. 26: A pre-trial hearing for the custody of the Blackston’s children is heard before visiting Judge Tom Lipps.

Dec. 10: Four of the Blackston children are placed in custody with their grandparents.

Dec. 18: The Blackstons are sentenced to six months in jail, the maximum, but the sentenced is suspended and they are placed on three years probation.

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