Carl Rosebrook Posts $1 Million Bond; Joe Rosebrook and Chad South Bonds Set at $5 million
“I mean, this is ridiculous,” Chad South said after laughing, as Geauga County Common Pleas Judge David Fuhry imposed conditions if he posted bond.
South — the alleged hit man who reportedly shot and killed Daniel Ott, 31, of Burton Township in May of 2006 after mistaking him for another man of the same name — appeared in court June 18 for his arraignment on a five-count indictment handed down June 10.
He shook his head from side to side as Fuhry read the charges against him, which include conspiracy to commit aggravated murder and aggravated murder.
“I’m glad you’re laughing Mr. South,” Fuhry said. “At least you’re keeping your chin up.”
“I got to,” replied South as his attorney, Geauga County Public Defender Bob Umholtz touched his arm as a sign to stop talking.
The seriousness of the day was not lost on Ott’s parents, Leroy and Linda Ott, who made the trip to Chardon from Vermillion.
“This has been such a mind boggling ordeal,” Leroy told the Maple Leaf after South’s hearing. “We fought this for nine years. Every day you think about it. There will never be closure on this here. We think about it everyday.”
South, 45, and Joe Rosebrook, 59, who reportedly ordered a hit on a different Daniel Ott of Northeast Ohio — a federally convicted car thief and reputed associate of his — had their bonds set at $5 million cash or surety.
South’s bond was originally set at $3 million in Chardon Municipal Court on June 5. However, Fuhry noted at that time, South had been charged solely with “straight murder.” As such, he adopted the prosecutor’s recommendation that his bond be raised.
Carl “Jeff” Rosebrook, 57 — a Perry Township trustee and the reported “bag man” who was to pay South for the murder — was arraigned Tuesday before Fuhry, who kept his bond at $1 million cash or surety. He posted bond Thursday afternoon through Bankers Insurance Company and bondsman John M. Cunningham.
Leroy said he suspected Joe Rosebrook’s involvement for years based on news articles their daughter had found online, but understood the reluctance of witnesses to come forward.
“I know how bad these people are and they kill witnesses and stuff. That’s why Dan was killed,” he said. “My hope is nobody else is killed.”
All three men have pleaded not guilty to the indictment. Their charges are conspiracy to commit aggravated murder, aggravated murder with prior calculation and design, aggravated murder during the commission of aggravated burglary, the kidnapping of Ott and kidnapping of Ott’s then-girlfriend, Maryann Ricker.
The trio were all named in the indictment. During Carl Rosebrook’s arraignment, the case was assigned to Fuhry, meaning, all three will be tried in his courtroom.
Thursday was the elder Rosebrook’s initial appearance in Geauga County. He told Fuhry he had been residing in Florida for more than a year when he was extradited to Ohio last week. Before that, he served a 10-year sentence in the Allen Correctional Institution in Lima, Ohio, after being convicted on one count each of conspiracy to commit aggravated murder of a witness, receipt of stolen property, obstruction of justice and concealment of identity.
Joe Rosebrook also told Fuhry he was self employed as a house flipper.
Geauga County Assistant Prosecutor Jennifer Driscoll recommended his bond be set at $5 million.
“As this court is now aware, he has had a long history that dates back to 1984 that includes theft, tampering, conspiracy to commit murder,” she said. “One of the most important things, while he was in prison, he did have a cell phone that was brought into the prison to help aid him with an enterprise outside of the prison.”
Given the gravity of the present case and Joe Rosebrook’s background, Fuhry adopted the prosecution’s recommendation.
“We’re pleased with the bonds that were set today by the judge,” Geauga County Prosecutor Jim Flaiz said after the last hearing.
He said the defendants have not waived their right to a speedy trial, so they will have to be brought to trial within 90 days.
The three men face a potential sentence of life in prison if convicted of the most serious charges. The state is not seeking the death penalty in this case.
“Again, I think that you know with the court appearance today and going over the criminal history, everyone was able to see what we’re dealing with here and we look forward to moving the case and getting to a point where we can finally have justice for the victims (Ott and his family),” Flaiz said.
Leroy said he and his wife had just watched a Dateline episode four days prior to getting the call about the crack in their case and the episode was about a family who lost an 18-year-old girl and finally got justice after 10 years.
His biggest concern was getting the facts to his neighborhood because most people there still think Ott had something to do with his own death.
“They need to know he didn’t cause his own death and he’s not responsible,” Leroy said. “It was a mistaken identity.”
Ott helped build greenhouses and had been working at Eagle Creek Wholesale in Bainbridge Township prior to accepting a job in Michigan, where he was about to move before he was killed, Leroy said.
Ott was the kind of person who helped anyone he could, Leroy said, adding he would help some employees who didn’t speak English well to cash their checks.
“And Dan turned down a big raise. He turned down a $10,000 (more) a year raise and he wanted that money given to the other employees. That’s the kind of person Dan was,” Leroy said, pausing with emotion.
He said while the words closure or peace are hard for him to feel, he does believe in the powers that be.
“Dan brought his mother, two weeks before his death, a nice beautiful plant hanging basket. There were snap dragons in it,” Leroy said. “It bloomed beautifully that summer. I stuck it in the garage (after the summer was over) because the basket was so pretty. I put it back outside (the next year) and it all came to life again. It’s been coming back every year for nine years.”
He said the cracks in the concrete by his back garage now have snap dragons blooming throughout them.
“It’s like every day it’s a message, ‘Don’t forget me dad,'” Leroy said.
He expressed immense gratitude for the Geauga County Sheriff’s Office and prosecutor’s office for all they have done for his family.
“This community is very fortunate to have these people here,” he said.
