Huber assault suspect denies accusations

Resident charged in incident with academy co-owner.

— The Huber HUBER HEIGHTS Heights man who was charged with menacing after an incident at a recent Huber Heights Planning Commission meeting has spoken out for the first time, pleading his innocence.

Bruce Gorby, 69, faces a fourth degree misdemeanor charge of menacing, based on his alleged actions during the July 28 planning commission meeting in which Concept 1 Academy LLC went before the panel requesting to change the use of the property at 5363 Tilbury Road to residential.

Gorby appeared in court Tuesday morning and pleaded not guilty. He is scheduled to appear again Sept. 1 in Montgomery County Municipal Court Eastern Division.

The charge carries a penalty of up to 30 days in jail and a $250 fine, or the possibility of probation or community service, Lacy Stamper, a deputy clerk, previously said.

In an exclusive interview with the Dayton Daily News on Friday, Gorby denied the accusations made by Tari Darr, coowner of Concept 1 Academy, including that he “began to scream at her about not wanting the business behind his house or in the city.”

“I walked outside, walked up to her nice and real easy,” Gorby said. “I stood more than an arm’s length away, and said, ‘I’ve got some questions I’d like to have some answers to.’”

During the public hearing July 28, Darr went outside for a smoke break. Darr returned moments later, saying she was assaulted outside by a man — delaying the meeting for nearly 30 minutes as police and a medic responded.

According to the police report, an older man followed Darr out of the building. He got in her face and began to flail his arms, backing her up. Darr said she was never struck, but was scared for her safety.

“I deny everything on there,” Gorby said.

“Darr stated that the only reason she did not hit the suspect out of selfdefense was because he was elderly,” the narrative says.

An acquaintance with Darr showed an officer on a map where the suspect lives, and he was identified. The next day, the suspect — who was at the meeting — denied he went outside or had a confrontation with anyone.

Later that day, another man came to the police station, said he saw the incident reported on the news and said he was the suspect. He claimed he never yelled or raised his voice, but did admit to confronting Darr. He was warned for his conduct, the report says.

Gorby said he was the one who went to the police station and admitted to confronting Darr.

“I don’t care what the court decides. I know what’s true down here,” he said, pointing to his heart. “I didn’t do anything wrong. I don’t care if they put that charge on me. I’m almost 70 years old. Do I care? No.”

The night of the incident, the Planning Commission unanimously rejected Concept 1’s request to open a private residential academy after residents expressed concerns about the proposed facility.

Concept 1’s request and Planning Commission’s recommendation to reject will be presented to the Public Works Committee on Tuesday.

The 6.39-acre property, formerly LaMendola Elementary School, has been unoccupied since 2011.

Concept 1 Academy is under contract to purchase the building. Concept 1 Academy’s initial request was unanimously approved 4-0 by the Planning Commission on May 12.

But city officials determined in June that Concept 1 Academy’s original application does not fit the definition of a school according to city and state code.

Concept 1 Academy withdrew its original application and submitted a new application, which included an on-site K-12 program for core subjects such as math, science and reading.