Kerg
Courtesy of the Miami County Sheriff’s Office
By Sam Wildow
TROY — A Tipp City man on Monday pleaded no contest to murder and was immediately sentenced to spend 15 years to life in prison. The case followed an assault that left a woman unconscious in April and eventually resulted in her death in September.
Joshua T. Kerg, 33, was found guilty of murder in Miami County Common Pleas Court after changing his plea to no contest on Monday. Common Pleas Court Judge Stacy Wall sentenced Kerg to spend 15 years to life in prison for the crime. Kerg will be eligible for parole after 15 years, but it will be up to the parole board at that time if he is granted parole. If Kerg ever does receive parole, he will be on parole for the remainder of his life.
Kerg was indicted following the death of Sheila G. Davis, 67, who later passed away on Sept. 27. Kerg was first charged with second-degree felonious assault following the assault against Davis that occurred on April 27 on the 700 block of Kyle Drive in Tipp City. According to previous reports, a caller to Miami County 9-1-1 reported around 11:30 a.m. on April 27 that a man was assaulting someone in the front yard of the residence. Upon arrival, Tipp City Police units and Miami County Sheriff’s Office deputies found Davis lying in the front yard of the home.
According to Tipp City police reports, Kerg assaulted Davis by carrying her outside the home where he began to “punch Sheila with his bare fists until she was unconscious.”
Following the assault, Davis was transported to Miami Valley Hospital by Tipp City Emergency Medical Services. Davis was in a coma following the assault.
Prior to Davis’ death, Kerg had entered a plea of no contest to the charge of felonious assault on Sept. 10. He had been scheduled for a sentencing hearing on Oct. 25 until the Miami County Prosecutor’s Office requested a continuance on Oct. 20. Kerg was also previously determined to be competent to stand trial and sane at the time of the incident following earlier court hearings in August.
On Monday, the felonious assault charge merged with the murder charge for purposes of sentencing, and Kerg was sentenced on the murder charge. Kerg declined to say anything on his behalf.
Wall said the court received numerous victim impact statements, which indicated Davis “was extremely caring, full of life,” as well as dedicated to church, friends, and family. Wall said the victim impact statements indicated everyone was “in a state of shock.”
Wall said there were also “undisputed” mental health issues, but those issues did not work in Kerg’s favor as he had been aware of those issues and had not been taking his medication. He has also been in and out of the hospital for mental health issues.
“At some point, there needs to be accountability,” Wall said.
Wall added that Kerg had no prior felony convictions on his record and found him to be remorseful for what happened.
Kerg received a jail credit of 259 days.
