Court of Claims

State of Ohio

Estate of Reagan Tokes,

By Administrator, Gregory Utter 1 Case No.
East St. Ste. 1400
Cincinnati, OH 45202 Complaint and
Jury
Demand
Plaintiff

NISRE, Inc.
1561 Old Leonard Ave.
Columbus, OH 43219
(Serve: Ohio Registered Agent Corp.
100 East Broad St.
Columbus, OH 43215)
and

The State of Ohio/ Department of

Rehabilitation and Corrections
770 West Broad St.
Columbus, OH 43222

Defendant

1. This is a wrongful death action brought pursuant to O.R.C. 2125.01 et seq.

and a survivor's action brought pursuant to O.R.C. 2305.21.

2. The Plaintiff is the Estate of Reagan Tokes by the Administrator Gregory Utter.

(Entry appointing Fiduciary attached)

3. Reagan Tokes was murdered in Columbus, Ohio by Brian Golsby on February 8,

2017.

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4. The survivors and next of kin of Reagan Tokes are her father, Toby Tokes, her

mother Lisa Tokes, and her sister Makenzie Tokes.

5. Defendant NISRE, Inc. owns and operates the Exit Program, a Community

Residential Center in Columbus, Ohio, a facility for eligible offenders released

from prison.

6. NISRE, Inc. is licensed as a "suitable facility" by the Deputy Director of the

Division of Parole and Community Services of the Ohio Department of

Rehabilitation and Corrections (DRC).

7. DRC and NISRE, Inc. have entered into an agreement whereby DRC pays

NISRE, Inc. up to $1,120,185.00 to provide up to 93 placements at $33.00

per day per resident. The agreement provides, in part, that NISRE, Inc.

"shall provide for services as required by existing state licensing standards

as contained in Ohio Administrative Code, S

5120:1-3-07." (OAC).

8. OAC 55120:1-3-07 provides, in part, that the "licensed agency (NISRE, Inc.)

shall establish a staffing pattern that ensures that staff will be available to assist

and monitor offenders as needed." The regulation further provides that "Any

unusual incidents shall be reported to the assistant chief or designee of

community residential services... "

9. Defendant Ohio Department of Rehabilitation (DRC) has as an administrative

unit in the division of Parole and Community Services — the Ohio Adult Parole

Authority (APA). R. C. 5149.02. Paroled persons are subject to the jurisdiction of the

APA. , and parolees " . . . shall be supervised by the field services section through its staff
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of parole and field officers in such a manner as to insure as nearly as possible the

offender's rehabilitation while at the same time providing maximum protection to the

general public." R.C. 5149.04.

10. This Court has jurisdiction pursuant to R.C. 2743.02.

Factual Allegations

11. Brian Golsby was released from imprisonment by the Ohio Departrnent of

Rehabilitation and Corrections in November 2016 after having served a six year

sentence for robbery and attempted rape entered by the Franklin County Court of

Common Pleas. State of Ohio v. Brian Golsby, No. 10 CR-11-6861. Thereafter Golsby

was on parole, that is, mandatory post-release control pursuant to R.C. 2929.19 (B)(3)(c),

(d) and (e) for five years. As a parolee, Golsby was subject to the supervision and

monitoring of the APA.

12. As a consequence of the conviction for attempted rape, Golsby was denominated

a Tier 3 Sex Offender, requiring him to register with the State of Ohio for the rest

of his life.

13. While in prison Golsby committed 52 infractions, including possession of

contraband, stealing from the commissary, and creating a disturbance. In

addition, Golsby had an extensive record as a juvenile, including criminal

damaging, receiving stolen property, theft, and criminal trespass.

14. When Golsby was released from prison, he was evaluated by DRC as a high risk

offender.

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15. As a part of Golsby's post release control, he was required to wear an ankle/

GPS monitoring device and report on a regular basis to a probation officer

of the APA.

16. The GPS monitoring device was installed on Golsby on November 22, 2016 by

the Alvis House, a halfway house in Columbus, however Golsby was rejected for

residency at the Alvis House by its staff because of his violent sex offender

history.

17. The GPS monitoring device recorded the exact whereabouts of Golsby, and the

dates and times and speeds of his movements.

18. The GPS data was accessible to the APA and Golsby's parole officer

contemporaneous to Golsby's daily movements.

19. Access to Golsby's GPS data could be obtained by entering a password into the

GPS system by the APA and/ or Golsby's parole officer.

20. In addition, the GPS system had the capacity to directly and automatically notify

the APA and/ or the parole officer without a password entry of Golsby's curfew

violations. The GPS system, in addition had the capacity to notify the APA and/

or Golsby's parole officer of exclusion zone violations. On information and

belief, APA did not set up •the system on Golsby to record and report exclusion

zone violations.

21. APA and Golsby's parole officer did not set up the GPS to be automatically

notified of curfew violations.

22. Thus, APA and Golsby's parole officer did not contemporaneously obtain

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Golsby's GPS data, and did not inform itself of Golsby's multiple violations of curfew

and his presence at the site of seven robberies occurring in January and February of

2017.

23. After the rejection by Alvis House, Golsby's parole officer arranged for Golsby to

be housed by the Exit Program, operated Defendant NISRE, Inc.

24. Since the murder of Reagan Tokes, the Exit Program, in order to deflect liability,

has publicly disavowed its contractual and Ohio regulatory obligations under

OAC S 5120:1-3-07 "to establish a staffing pattern that ensures that staff will be

available to assist and monitor offenders as needed." Instead, the Exit Program

had a skeleton staff, and the Exit Program regarded itself soley as a "housing

program" where Golsby was "free to come and go as he pleased." The only

limitation, according to the Exit Program, was that Golbsy had to "be at home

between 10 p.m. and 6 a.m."

25. On December 1, 2016 Golsby was sanctioned for violating a term of his release

for not residing in an approved APA residence.

26. On December 12, 2016 Golsby was again sanctioned for violating a term of his

release for failing to keep his GPS monitor charged.

27. On January 22, 2017 Golsby was absent from the Exit Program and

residing in the area of Cleveland Ave. and Manchester Ave. between the

hours of 10 p.m. and 6

a.m. This absence became known to APA, and Golsby was sanctioned for violating the

terms of his release. This was his third violation in two months.

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28. Golsby was not arrested or put under more restrictive conditions as a result of the

three above violations.

29. Because of the Exit Program's virtually non-existent monitoring, and the failure

of APA and Golsby's parole officer to access his GPS data, Golsby roamed

German Village and the Near North sections of Columbus on a crime wave in

late January and early February 2017 consisting of not less than seven felonies

for which he has been convicted. Six of the victims were women. Golsby brutally

beat and robbed these victims. He was armed with a knife and a gun.

30. On January 23, 2017 Golsby assaulted a women inside the garage of her home on

Jaeger St. The victim was attempting to get in her vehicle when she saw Golsby

enter the garage. The APA did not seek to obtain the GPS data of January 23,

2017 until after the murder of Reagan Tokes. The Exit Program made no

notification of Golsby to the APA regarding January 23, 2017.

31. On January 24, 2017 Golsby committed an aggravated robbery at 7:12 a.m. at
836

Bruck St. against a woman. He placed a knife to her throat and demanded money.

His armed leaving of the Exit Program was not monitored, and not noticed. The Exit

Program made no report relating to this incident to Golsby's probation officer or the

APA. The APA did not seek to obtain the GPS data of Golsby for January 24, 2017 until

after the murder of Reagan Tokes.

32. On January 27, 2017 Golsby left the Exit Program in the early morning

hours and committed an aggravated robbery at 5:55 a.m. at Nationwide

Children's 574 18 th St.

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against another woman with the aid of a knife. The woman was on her way to

work at Children's when Golsby approached her holding a knife and told her not to

scream or he would kill her. He demanded her purse. His leaving of the Exit

Program was not

monitored, and not noticed. The Exit Program made no report of his curfew violation to

Golsby's probation officer to the APA or Golsby's parole officer. The APA did not seek

to obtain the GPS data of Golsby for January 27, 2017 until after the murder of Reagan

Tokes.

33. On February 1, 2017 at 10:00 p.m. Golsby committed another aggravated robbery

at Dragon One, 721 E. Broad St. against a male, this time with the aid of a

firearm. His absence from the Exit Program was not monitored, and not noticed.

The Exit Program made no report of his curfew violation to Golsby's probation

officer. The APA did not seek to obtain the GPS data of Golsby for February 1,

2017 until after the murder of Reagan Tokes.

34. On February 2, 2017 Golsby kidnapped an individual and committed

another aggravated robbery at 8:51 p.m. at 289 S. Monroe Ave. with the aid

of a firearm. Golsby compelled the individual to drive to an ATM machine

and withdraw money. His absence from the Exit Program was not

monitored, and not noticed. The Exit Program made no report of his

absence to Golsby's probation officer. The APA did not seek to obtain the

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 GPS data of Golsby for February 2, 2017 until after the murder of Reagan

Tokes.

35. On February 6, 2017 Golsby committed another aggravated robbery at 9:49 p.m.

at 724 Mohawk Street of a woman in front of her house. Golsby put a gun to the

woman's head and demanded her purse. He ripped the purse from her and shoved

her to the ground and then pistol whipped her in the face. His nighttime absence

from the Exit Program was not monitored, and not noticed. The Exit Ibrogram

made no report of his absence to Golsby's probation officer. The APA did not seek

to obtain the

GPS data of Golsby for February 6, 2017 until after the murder of Reagan Tokes.

36. On February 7, 2017 Golsby again left the Exit Program in the early

morning hours and committed another aggravated robbery at 5:30 a.m. of a

woman at

Nationwide Children's, Mooberry St. & Carpenter St., this time with a firearm. His

leaving of the Exit Program was not monitored, and not noticed. The Exit Program

made no report of his curfew violation to Golsby's probation officer. The APA did

not seek to obtain the GPS data of Golsby for February 7, 2017 until after the

murder of

Reagan Tokes.

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37. At some time between February 1, 2017 and February 9, 2017 Golbsy

acquired a firearm for which he was later charged with the 3rd degree felony

of having a firearm while under a disability. At no time did the Exit

Program endeavor to discover the weapons in the possession of Golsby.

38. On February 8, 2017 Golsby again was absent from the Exit Program after

hours and was trolling streets in Short North in search of his next victim.

His nighttime absence from the Exit Program was not monitored, and not

noticed. The Exit Program made no report of his absence after the curfew

hours to Golsby's probation officer.

39. At 9:45 p.m. on February 8, 2017 Golsby was outside of the Bodega Restaurant

as Reagan Tokes was getting off work. Her car was parked at E. 3r and Mt.

Pleasant.

Golsby attacked and forcibly abducted Reagan Tokes.

40. At 10:03 p.m. Golsby forced Reagan Tokes to withdraw $60.00 from the Chase

Bank ATM on South High St.

41. In the next two hours Golsby forced Reagan Tokes to other ATM machines in

attempt to obtain my money.

42. At 11:50 p.m. the car containing Golsby and Reagan Tokes entered Scioto Grove

Metro Park. The temperature was between 19 and 20 degrees Fahrenheit, and

there was light snow on the ground.

43. Golsby then stripped Reagan Tokes of all of her clothing and raped her.

44. Golsby then dragged her out of the car and across the frozen ground.
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45. Reagan Toke's last words, according to Golsby's later confession were, "I just

want to live."

46. Golsby then shot Reagan Tokes twice in the back of her head, and left her

nude body in the snow.

47. Golsby drove away, and later attempted to set the car on fire.

48. Two days later, Golsby was arrested and charged with aggravated murder,

aggravated robbery, rape and other charges. He was convicted on all

charges by a jury on March 13, 2018, the jury returning guilty verdicts on

the counts of kidnapping, robbery, rape, and aggravated murder.

49. On March 21, 2018 Judge Serrott sentenced Golsby to life imprisonment without

the possibility of parole.

CAUSES OF ACTION

Wrongful Death: NISRE/Exit Program

50. Plaintiff realleges paragraphs one through forty-nine as if fully set forth herein.
51. This is an action for the wrongful death of Reagan Tokes brought pursuant
to

R.C. 2125.01. The NISRE/Exit Program by contracting with the D.R.C. as a "facility for

offenders released from prison," and thereby obligating itself by contract and regulation

to monitor the resident offenders and report unusual incidents, established a "special

relationship" with the public at large. Such "special relationship" obligated the

NISRE/Exit Program to exercise ordinary care in protecting members of the public from

violent crimes, including murder and rape. NISRE/ Exit Program failed to exercise

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ordinary care with regard to Reagan Tokes. The negligence of NISRE/Exit program

consists (1) in its failure to effectively monitor Golsby and discover his possession of a

gun and a knife; (2) in its failure to report to the APA, Golsby's repeated curfew

violations; (3) in its failure to have sufficient staff on site in order to effective monitor

and report curfew violations.

52. As a consequence of the negligence of the Exit Program, APA was not notified of

repeated violations of his release, and thus Golsby was not violated, and not

arrested, and/ or put under more restrictive conditions which would have obviated

the kidnapping, robbery, rape and murder of Reagan Tokes.

Wrongful Death: State of Ohio/Department of Rehabilitation and Corrections

53. Plaintiff realleges paragraphs one through fifty-two as if fully set forth herein.

54. Defendant DRC was negligent in (a) not violating and arresting Golsby after the

three sanctions of violations of December 1, 2016, December 12, ±016 and

January 22, 2017; (b) causing Golsby to be equipped by a GPS monitoring device

and system that provided real time information of his location and not accessing

the GPS data until after the murder of Reagan Tokes,(c) failing to establish

monitored exclusion zones for Golsby (d) and causing Golsby to be housed at the

Exit Program.

55. The negligence of DRC in causing Golsby to be housed at the Exit Program

consisted of DRC's:

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 (a) knowing that Golsby when discharged from prison was evaluated

as a high risk for reoffending;

(b) knowing that he was rejected for halfway house residency at the Alvis

House because of his violent sex offender history;

(c) knowing that the Exit Program did not monitor its residents in

any meaningful way;

(d) not imposing and enforcing meaningful monitoring requirements

on the

Exit Program r requirements of sanctions for residents who violated reporting and

curfew rules;

(e) not strictly enforcing a requirement that the Exit Program notify the

APA of curfew violations.

56. The consequence of the negligence of DRC/ APA, inter alia, in failing to arrest

Golsby after three violations, in locating Golsby at the Exit Program, in allowing

the deficiencies of the Exit Program, in failing to strictly require the Exit Program

to notify DRC of curfew violations, in failing to require the Exit Program to

monitor its residents for the possession of weapons, and in failing to access the

GPS data in real time--is that Golsby was neither arrested nor put under more

restrictive conditions. The ultimate consequence of the negligence of DRC/ APA

was the death of Reagan Tokes.

Survivor's Action: Exit Program

57. Plaintiff realleges paragraphs one through fifty- six, as if fully set out herein.

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58. This is, in addition, a survivor's action brought pursuant to R.C. 2305.01 on behalf

of Reagan Tokes' mother, father and sister — Lisa Tokes, Toby Tokes, and

Makenzie Tokes.

59. For two hours prior to her death, Reagan Tokes was kidnapped and brutally

raped. During this time she suffered conscious pain and suffering.

60. The suffering of Reagan Tokes was the result of the negligence of NISRE/Exit

Program.

Survivor's Action: DRC

61. Plaintiff realleges paragraph one through sixty as if fully set forth herein.

62. As a result of the negligence of DRC, Reagan Tokes was kidnapped and

brutally raped. During this time she suffered conscious pain and suffering.

63. The suffering of Reagan Tokes was the result of the negligence of DRC.

Damages

64. The members of the estate of Reagan Tokes, the mother, father and sister have

suffered the loss of her society and companionship. The parents and sister have also

suffered gravq mental anguish. Further, the estate has suffered the loss of future earnings

of Reagan Tokes.

65. Reagan Tokes, herself, suffered acute physical and mental pain prior to her death

for which compensatory damages are sought.

WHEREFORE, PLAINTIFF DEMANDS:

(a) Compensatory damages in an amount to be determined at trial;

(b) A trial by jury;

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 (c) Such other relief as is just and proper.

Respectfully submitted,

110
Robert B. Newman (0023484)
215 E. 9th St. Ste. 650
Cincinnati, OH 45202 513-639-7000
robertnewman@ ewman-meeks.com

Michael J. O'Hara (0014966)

O'Hara, Taylor, Sloan & Cassidy
25 Town Center Blvd. Ste. 201
Covington, KY 41017 859-331-
2000 mohara@oharataylor.com

JURY DEMAND

Plaintiff demands trial by jury with respect to the claims related to NISRE/Exit

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Program as provided by the Rules of Civil Procedure.

Robert B. Newman
 PROBATE COURT OF HAMILTON COUNTY, OHIO
RALPH WINKLER, JUDGE

ESTATE O REAGAN
TOKESDECEASED
CASE NO.

ENTRY APPOINTING FIDUCIARY- LETTERS OF AUTHORITY

[For Executors and all Administrators]

Name and Title of Fiduciary Gregory M. Utter

On hearing in open Court the application of the above fiduciary for authority to administer decedent's
estate, the Court finds that;

Decedent died [check one of the following] testate intestate - on

February 9, 2017 domiciled in

[Check one of the following] C] Bond is dispensed with by the Will Bond is dispensed with by law -O
Applicant has executed and filed an appropriate bond, which is approved by the Court; and

Applicant is a suitable and competent person to execute the trust.

The Court therefore appoints applicant as such
fiduciary, with the power conferred by law to fully

administer decedent's estate. This entry of RalphWinkler, robateJudge

appointment constitutes

Date
 CERTIFICATE OF APPOINTMENT AND INCUMBENCY
The above document is a true copy of the original kept by me as custodian of. the records of this Court. It

and letters of authority of the named fidu

FORM 4.5 - ENTRY APPOINTING FIDUCIARY; LETTERS OF AUTHORITY 07/01/77