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Saturday, May 18, 2013 | 5:01 a.m.

Posted: 11:56 a.m. Wednesday, Sept. 5, 2012

Warrant issued after witness fails to appear

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Jabree Yates photo
Jabree Yates

Staff Report

DAYTON —

The trial for a correctional officer accused of stealing from inmates was delayed after a witness failed to appear in court today.

A warrant has been issued for Jabree Yates, who is wanted as a witness in the trial of Malcom Capps. Anyone with knowledge of Yates’ whereabouts is asked to call the Montgomery County Sheriff’s Office at (937) 225-6499.

Capps, 36, faces four felony counts of theft in office. Sheriff’s Maj. Daryl Wilson said jail sergeants reviewing surveillance video spotted something that raised concern and discovered that Capps was seen taking cash from inmates on several occasions. Corrections officers are responsible for logging individuals’ personal possessions as they are processed into the jail.

If convicted, Capps could face up to a year in prison on each fifth-degree felony count.

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