ELECTRONICALLY FILED

COURT OF COMMON PLEAS

Monday, September 27, 2021 10:16:07 AM
CASE NUMBER: 2019 CR 04108 /2 Docket ID: 35773696
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO

IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO

CRIMINAL DIVISION

STATE OF OHIO, : CASE NO. 2019 CR 04108/02

:
Plaintiff, :
: JUDGE DENNIS J. ADKINS
v. :
:
AMANDA HINZE : STATE’S SENTENCING
: MEMORANDUM
Defendant. :
______________________________________________________________

By and through the Montgomery County Prosecutor’s Office, the State of Ohio respectfully
requests this Court impose on Al-Mutahan Mclean a prison term of 51 years to life for the years of
prolonged excessive abuse he inflicted on his young child Takoda Collins, whom he ultimately
murdered with a final brutal beating and anal rape.

The State also requests a maximum consecutive sentence for co-defendant Amanda Hinze
as well as a lengthy prison term for co-defendant Jennifer Ebert. As set forth in the attached, both of
these adults were complicit and assisted in the daily isolation and torture and death of this child.

The State sets forth in the attached memorandum, the details of Takoda’s Collins horrific
life, and death, and the actions of these defendants that justify the State’s request for sentencing.

Respectfully Submitted,

MATHIAS H. HECK, JR.

PROSECUTING ATTORNEY

By: /s/ Lynda A. Dodd

LYNDA A. DODD #0068551

By: /s/ Jonathan Sauline

JONATHAN SAULINE #0090822
Assistant Prosecuting Attorneys
301 West Third Street, Fifth Floor
Dayton, Ohio 45422
(937) 225-5757
 MEMORANDUM

I. INTRODUCTION

Defendants Mclean, Hinze and Ebert’s reign of terror over 10-year-old Takoda Collins

ended December 13, 2019, when the torture inflicted by Defendant Mclean was finally too much

for this child to survive. Defendant Mclean had inflicted injury to every part of Takoda’s body.

The abuse on Takoda’s last day was unimaginable, Defendant Mclean beat this child, stood on

him pushing his full weight on this child’s body, forced him into water as Takoda could be heard

struggling. In his final acts of humiliation, rage, and torture Defendant repeatedly forced a

broken chair leg deep into Takoda’s rectum.

As set forth below, as the investigation unfolded it became clear that more tragic than the

facts surrounding Takoda’s death, were the facts of the life he endured in the house of horrors

that was 1934 Kensington. From as early as his first-grade year in 2015, Takoda suffered, daily,

excessive abuse, inflicted by his biological father Defendant Mclean, and encouraged and

facilitated by his self-appointed step-mother Defendant Hinze and her sister Defendant Ebert.

When Defendants Mclean and Hinze withdrew him from school, in 2018, at age 9, they

perfected his isolation from the world, and unchecked, could escalate their extreme abuse and

torture. Although the extreme abuse existed while he was in school, from the time of Takoda

being withdrawn from school his entire life was revolved around being locked in a barren attic,

denied clothing, food, light and access to a bathroom. Every single day and night of Takoda’s

life consisted of constant, unending torture. For entire days, 20 hours a day, he was forced to

pose, in bizarre and painful punishment positions. While Takoda suffered in his torture poses,

the defendants would monitor him from the comfort of their furnished living room or bedrooms.

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When Takoda dared move from the torture position chosen by Defendant Mclean, Mclean would

horrifically beat him as punishment. If Defendant Mclean had not noticed the transgression,

Defendants Hinze and Ebert would alert Defendant Mclean so that he could execute the

punishment for the child’s perceived disobedience. When Takoda, who had no other alternative,

defecated in his filthy attic, Defendant Mclean became enraged and forced Takoda to eat his own

feces, even as Takoda begged and struggled against him. Takoda thus learned that this was

expected of him, and began to eat his own feces to avoid Defendant Mclean force feeding it to

him.

As set forth below the crimes of Defendant Mclean, which were aided and supported by

his co-defendants, represent the worst of human conduct. He provided no mercy to his own son,

and deserves none from this Court. Nor, for their part in the excessive abuse, isolation, and

torture, and death of this child, did Defendants Hinze or Ebert show any mercy, nor do they

deserve any leniency.

II. CHARGES BEFORE THE COURT FOR SENTENCING

Defendants Mclean, Hinze and Ebert were all charged for their roles in the life and death

of Takoda Collins. All three have entered pleas and face imprisonment as set forth below.

A. Defendant Mclean

For the Murder, Rape, Torture and Extreme Abuse of Takoda Collins on the date of his

death and for the years leading to his death, Defendant Mclean pled as follows:

Count 1 B Indictment: Murder (proximate result Felonious Assault), from

December 12, 2019 through his death on December 13, 2019, Unclassified
Felony;
Count 6 B Indictment: Kidnapping from May 10, 2018, when Defendant
withdrew Takoda from school, until the date of death, Felony 1;

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 Count 7 B Indictment: Endangering Children from January 5, 2015, when
Takoda started at Horace Mann until November 2018 when he jumped out of
the window, Felony 3;
Count 1 (Original): Endangering Children (violating duty of care/substantial
risk serious physical harm), from November 2018, when he jumped out of the
window, until his death, Felony 3;
Count 2 (Original): Endangering Children (reckless abuse, serious physical
harm) from November 2018 when he jumped out of the window until his
death; Felony 2;
Count 7 (Original): Rape, by force, date of his death, F1.

By agreement, and by the facts of this case, these charges do not merge and Defendant

faces a potential prison sentence, to be determined by this Court, of 40 to 51 years to life.

B. Defendant Hinze

For Defendant Hinze’s complicity and participation in the Torture, Extreme Abuse and

Death of Takoda Collins on the date of his death and for the years leading to his death,

Defendant Hinze pled as follows:

Count 1 B Indictment: Manslaughter, from May 10, 2018, when Defendant

removed Takoda from school, until his death, Felony 1;
Count 6 B Indictment: Endangering Children (violating duty of
care/substantial risk serious physical harm), from when Takoda started at
Horace Mann until November 2018, when he jumped out of the window,
Felony 3;
Count 3 (Original): Endangering Children (torture) from November 2018
when he jumped out of the window until his death; Felony 2;
Count 4 (Original): Endangering Children (physically restrain cruel manner)
from November 2018 when he jumped out of the window until his death;
Felony 2.

By agreement, and by the facts of this case, these charges do not merge and Defendant

faces a potential prison sentence for these crimes, to be selected by the Court for these crimes

from 9 months to 30 years.

C. Defendant Ebert

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 For Defendant Ebert’s complicity and participation in the Torture, Extreme Abuse and

Death, Torture of Takoda Collins on the date of his death and for the years leading to his death,

Defendant Ebert pled as follows:

Count 1 Bill of Information: Manslaughter, date of death, Felony 3.

Count 3 (Original): Endangering Children (torture) from November 2018
when he jumped out of the window until his death; Felony 2;

By agreement, and by the facts of this case, these charges do not merge and Defendant

faces the penalties set forth by statute for a felony of the third degree, and felony of the second

degree, including a maximum prison term of 11 years.

III. INVESTIGATION INTO LIFE AND DEATH OF TAKODA COLLINS

A. Scene Upon Arrival

On December 13, 2019 the nightmare of Takoda’s life ended when Defendant Mclean’s

severe beatings, water torture and a brutal rape were finally too much for the ten-year-old

child’s body to withstand. Defendant Mclean, unable to revive the child for another round of

torture, called 911. The call is disturbing. (See 911 Call and Call Transcript Ex. 1 and 2) (Ex.1

also entered at the motion to suppress)(all exhibits will be provided to the Court for review and

marked for the record). Rather than focusing on the current condition of his son, Defendant

spends most of the call lamenting about what terrible child Takoda was, and how difficult he has

been to parent. At one point when Defendant is instructed to give CPR, Defendant can be heard

retching and then complains “it smell real rotten inside of his stomach”. (Ex. 2 at pgs. 4, 10)

Upon arrival paramedics found Defendant Mclean waiting at the door, the child Takoda

Collins, battered and bruised from head to toe, was lying alone, unresponsive, on the floor of the

living room. Dayton Police Officer Evans also responded as paramedics tended to Takoda. The

other defendants were not present. To allow the medics to work without distraction Officer

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Evans engaged Mclean in conversation on the porch, during which Defendant continued his rant

about his uncivilized, uncontrollable child. (Cruiser Video State’s Ex. 3 at 6:20, 13:50. 14:26,

17:00)(second clip is front of cruiser view)(entered at the MTS) His complaints to Ofc. Evans,

which are repeated in his formal interview, included claims that the child ate his own feces “on

the regular.” (Ex. 2, pg. 7; Ex. 3 6:26, 14:46, Ex. 12 pg. 17, 21)(Video associated with Ex. 12

entered at MTS) Defendant also tried to explain away all the bruising on Takoda as self-

inflicted dramatics of an uncontrollable child putting on a show. (Ex. 3 6:10-6:45, 28:09, 30:31-

33:04)

Although paramedics focused on attempts to resuscitate Takoda, the evidence of abuse

was clearly present all over Takoda’s body. At one point, paramedics indicate Takoda has

passed, Defendant’s response to the news of the death of his child was “alright, I tried to get you

guys here as fast as I could.” (State’s Ex. 3 at 9:36-10:12) Even still, medics continued to try

to revive the child, including transporting him by ambulance him. Resuscitation was

impossible, and Takoda, age 10, was pronounced deceased in the emergency department at

Children’s Hospital.

B. Children’s Hospital on Date of Takoda’s Death

Once at Children’s Dr. Liker, an expert in pediatrics, specializing in abuse, had an

opportunity to externally examine the deceased child. (Medical Record State’s Ex. 4, Photos

State’s Ex. 5, see files 1-108)(as these exhibits contain medical records and as the photos depict a

deceased minor in a state of nudity the State submits under Ex. 4 and 5 under seal). Takoda was

battered from head to toe, Dr. Liker noted hundreds of lacerations and abrasions, to Takoda’s

head, face, mouth, neck, chest, abdomen, back buttocks, arms, hands, legs and feet. Id. She

noted extensive bruising to his entire body, including his scalp, face, inside of his mouth, neck,

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chest, abdomen, buttocks, arms, legs and feet. Patterned abrasions were noted on his chest,

abdomen, buttocks, and posterior legs. Id. Older scars, patterned and non-patterned, were seen

on his torso and extremities. Injuries, lacerations and bruising were also visible externally in the

anal area. Id.

To Dr. Liker’s expert eye, these extent and nature of the injuries were not consistent with

accident, or self- infliction, they were the result of severe physical abuse or torture, on numerous

occasions over a period of time. Id. Many of the injuries were in areas that are very difficult to

bruise. Id. She noted that many of the injuries often considered to be “defensive” locations, as

they are the areas of the body, such as the back of arms and posterior of body, that are exposed

when one tries to protect themselves from blows. Id. She also noticed evidence of prior rib

fractures that were not visible in the child’s 2018 hospitalization for jumping out of the window.

Dr. Liker also indicated that a child’s basic needs include, safe, healthy living conditions,

clothing, regular medical care and schooling, which is neglect. Id. Dr. Liker noted that in 2018

Takoda was evaluated by the hospital and referred for behavioral health therapy, however, the

efforts by the hospital to connect Takoda with these services were rejected by the family, which

is medical neglect. (Ex. 4) Dr. Liker also noted that based upon Takoda’s injuries and condition

any reasonable care giver should have sought medical attention for him and the failure to do so,

is neglect. Id.

C. Autopsy

As disturbing as the external presentation of Takoda’s injuries was, it was the internal

examination performed by Deputy Coroner Dr. Bryan Casto that told the true depth and extent of

the torture inflicted on this child. The autopsy confirmed extensive blunt force injuries,

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abrasions and contusions to the head, torso and extremities. Evidence of acute (fresh) injuries, as

well as healing injuries, were present.

With respect to Takoda’s head, Dr. Casto, noted even more injury than did Dr. Liker, as

there was bruising hidden by the child’s hair. External autopsy photos show, bruising around the

right forehead, right chin, inside the upper and lower lip and left nasal opening. (Autopsy Ex. 6,

Coroner Photos Ex. 7)(As exhibit 7 contains photos of a deceased child in a state of nudity the

exhibit is submitted under seal.) The internal examination explored the depth and breadth of

the injuries. When Takoda’s scalp was reflected, deep bruising was observed to all areas of the

head. Id.

With respect to the chest area, external contusions and petechiae were noted. Id. Internal

examination revealed internal bruising to the stomach, which was documented by photograph.

Id. Takoda’s back and buttocks also showed severe external, and internal injury. Severe

pulmonary edema, fluid in the lungs, was noted that could relate to submersion in water. Id.

Photos from the hospital also had noted pruning of the child’s hands, one explanation for such

pruning could be related to submersion, however that condition was no longer present by

autopsy. Dr. Casto also observed fractures of numerous ribs. (Ex. 6).

Takoda’s digestive system was also examined. Common sense suggests one would find

the content of the stomach to appear different than content found later along in the digestive

system such as in the bowels. Not for Takoda. His stomach had contents that were a tan-yellow

puree type consistency, which appeared identical in color and consistency to what was found in

his bowels. (Ex. 6)

External view of Takoda’s back, buttocks and back of legs show healed scars, and fresh

bruising. (Ex. 6, 7) On his back there was a type of branding of four letters that appeared to

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begin with the letter T. (Ex. 6, 7) This is, by its location, an area that would be unreachable, and

is thus wholly inconsistent with self-infliction. Autopsy photographs show excessive bruising

the back, buttocks and the back of the legs and is captured by photograph. (Ex. 7). However, it

is the internal examination that is the most telling relating to the trauma of these injuries. When

the skin is reflected, there are extensive superficial and very deep bruising over the entirety of

the child’s back. The deep bruising is in the right upper back, left upper back, mid back, and

lower back. (Ex. 6, 7) Additionally, externally there appears to be bruising and swelling of

the entire buttocks area. (Ex. 6, 7) Internal examination confirms the bruising. Id. The

bruising is the full thickness of the gluteus maximus. Id. Essentially the entire area, all the way

to bone, is bruised and swollen.

Also present at autopsy, and observed previously by Dr. Liker, was significant injury to

the rectal area. The anus has two half inch lacerations. Id. Internal examination showed the

depth and the damage of this injury. Id. The internal examination of the pelvic revealed

“abundant” blood associated with this injury. Id. The photos demonstrate that the external

injury is associated with internal lacerations that extend deep into the rectum. Id.

The most significant injury, as it relates to fatality, not even visible externally, was severe

bruising to the back of the neck. Internal examination of this area revealed deep bruising

through all of the layers or neck muscle directly over the spine. (Ex. 6, 7) In preparation for trial

Dr. Casto described this bruising as the type of injury typically only observed in catastrophic

events such as a severe car accident.

The cause of death for ten-year-old Takoda was blunt force trauma, combined with

compressive asphyxia, and water submersion. (Ex. 6) Manner of death was homicide. (Ex. 6)

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D. Living Conditions at 1934 Kensington

While Takoda was examined at the hospital, law enforcement remained at the Kensington

address with Defendant Mclean. Shortly after Takoda’s removal, Defendants Hinze and Ebert

had returned to the residence with three-year-old, J.N., who was later determined to be

Defendant Mclean’s three-year-old brother. Although Defendant Mclean initially maintained

that just he and Takoda lived at the Kensington residence, it was later confirmed that all three

Defendants, Takoda and J.N. lived there.

When police arrived, they originally stayed on the main level of the home. Ultimately,

they were given permission to search the residence and photos were taken. (State’s Ex. 5, files

DSC 6536-6815) The main level of the home was furnished, there was running water, and

food in the refrigerator. Id. There appeared to be a security system in the home, as the TV in

the living room showed live video of the outside of the home. Id. Family photos were hung

throughout the home. Id. However, while there were photos of the defendants, J.N., pets, and

other apparent family members, there were absolutely no photos of Takoda. Id.

On the main floor there was a furnished bedroom, that appeared to be Defendant Mclean

and Hinze’s room. Id. The room had clothes, and was fairly orderly. Id. A mudroom had been

made into a second adult bedroom, and was also furnished with bedding and clothing. Id. Also,

on the main floor there was a bedroom consistent with the needs of a three-year-old. Id. For the

three-year-old there were age appropriate toys, and size appropriate clothing. Id. But on the

main floor there was no room set up for Takoda, no age appropriate toys or school books, and no

clothing for a 10-year-old. Id. Nor was there a bedroom for Takoda set up in the basement.

Only a room for the dogs, with cages, and a cement floor littered with dog excrement.

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 In the living room there was a door that led to the attic, the area later learned to be where

Takoda was living. As the Detectives ascended the stairway to Takoda’s hell, they noticed an

overwhelming smell of human urine and feces. The area at the top of the stairs was dark and

barren, except for a broken chair. Id. When officers arrived, there was no light source, and they

had to use flashlights to see. There were no clothes, no books, no toys, only filth, excrement and

bugs. Id. Two legs of the broken chair were recovered downstairs, one stuck behind the T.V.,

one in a laundry basket outside the bathroom. Id.

Further in the attic was another locked room. When the room was unlocked, detectives

found a bloody tarp, and filthy lawn chair that they ultimately learned was Takoda’s bedding

when he was allowed to have it. Detectives also found a dismantled video camera that had been

used by the defendants to surveil Takoda, which, per Hinze, had been disconnected by Mclean

after Takoda became unresponsive, but before 911 was called. There were no toys, books or

clothes for Takoda anywhere in that house. Days after officers originally saw this attic, but

before Defendants Hinze and Ebert were arrested, the attic was cleared out and cleaned and

Detectives were able to see how light and clean the attic could have been if they had so chosen

during Takoda’s life. (State’s Ex. 5 files DSC 7152-7194)

E. Takoda Collins’ Nightmare Existence

After leaving the Kensington residence, the investigation continued, including interviews

with defendants, teachers, other individuals, and review of the evidence. As the details unfolded

it became clear that the only thing more horrific than the facts of Takoda’s death, were the facts

of the life he was forced to live at the hands of these three defendants.

Starting January 5, 2015, at age 7, Takoda entered Horace Mann elementary school.

Although they could not know the depth of Takoda’s needs, those who taught Takoda recognized

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he could benefit from assistance. Although he did not have issues at school with proper restroom

usage, he was sent to school daily reeking of old urine and feces. Also, on occasion he was sent

to school with what would be embarrassingly bad, and potentially painful haircuts, making him

vulnerable to ridicule, in addition to the ridicule he faced for the odor that emanated from him.

The school was ready to help, they had donated clothes available, and a washer and dryer where

his own clothes could even be washed during the day. The teachers would send Takoda to the

nurse, who would assist with these issues. However, Defendant Mclean strongly refused any

help, and was angry at any attempt of staff to intervene on behalf of his child. On multiple

occasions Defendant Mclean called, enraged with the school for intervening. Defendant Mclean

strictly instructed that the nurse could not see Takoda for any reason. The long-term school

nurse recalled that during her career, Takoda was the only child for whom she had to post a note

in the Nursing Office reminding staff Takoda was not to be seen by the school nurse.

Defendants Ebert and Hinze added additional insight into Takoda’s life at home during

his Horace Mann years. Defendant Ebert noted that Mclean would give him weird haircuts,

knowing that it would cause the children would make fun of Takoda. (Ebert Proffer Ex. 8 pg. 78)

Defendant Hinze noted, and teachers confirmed, Defendant Mclean wanted daily updates from

teachers. Defendant Hinze would get those reports if the report and relay them to Defendant

Mclean, and unknown to the teachers the reports would result in punishment for Takoda if they

were anything other than glowing. (Hinze Proffer Ex. 9) Per defendant Hinze the punishment

was to stand in the living room and hold a loaded book bag. Id. Most days of the week, from the

time he got home from school, until it was bed time, this was Takoda’s life. Id. On weekend

days, if Takoda did not have a good report Takoda would be forced to stand in this position in

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the living room for the entire day. Id. As an active child most days were less than perfect and

thus his days at home were wholly consumed with this punishment pose. Id.

Although Takoda originally had a bedroom in the home, he lost that room after

Defendants Mclean and Hinze took custody of J.N. J.N., three at the time of Takoda’s death,

was given the bedroom, the toys, and furniture. Takoda was sent to the attic. (Ex. 8 pg. 9)

Defendant Mclean was angry with Horace Mann and blamed the school for repeatedly

sending Children Services to his house. However, when Children Services did come, the family

was prepared. Defendants Mclean and Hinze instructed the Ebert and Takoda on how to act

when they knocked at the door. (Ex. 8 at pg.14- 21) Defendant Ebert and Takoda were to stay

behind the locked door and not be heard. Id. Then Defendant, per Children Services, would

schedule a time for their return. Defendant Mclean had Takoda prepared to answer their

questions, he was to tell them nothing and act happy. (Ex 8 pg. 14-19)

Children Services had a host of resources to offer this family, including connecting them

to medical or psychological services. Defendant Mclean declined their assistance. He blamed

the school and Takoda for their intrusions would take his rage out on Takoda, beating, throwing,

kicking him, body slamming him. (Ex. 8 pg. 16-19) Any marks left behind, would be covered

by long sleeves and pants. Id. Ultimately fed up with the repeated interference, in May 2018

Defendants Mclean and Hinze withdrew Takoda from school, the one place where Takoda had

found at least momentary refuge during the day. In order to keep the school out of their

business Defendants Mclean and Hinze wrote in false educational plans, claiming that Defendant

Hinze, who represented herself as his step-mother, would be homeschooling Takoda. (Ex. 9)

By then, Takoda was largely confined to the attic for the majority of every single day.

Originally, he had the entire attic. However, in November 2018 Takoda Collins, allegedly,

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launched himself through an attic window, leaving the defendants no option but to take Takoda

to Children’s Hospital. At that time there was not an allegation of abuse, and social workers and

doctors treated Takoda in the presence of Defendant Mclean, and Defendant Hinze, who again

represented herself as a mother figure. During that visit psychological counseling was

recommended as part of an after-care plan. However, as referenced by Dr. Liker, the family did

not follow through with making appointments. (Ex. 4) When the Social Workers called Mclean

and Hinze to assist in setting up that appointment, that help was declined too. During this time

Defendant Mclean did call the juvenile court to inquire about services for children under 10. The

Court does in fact have a program to offer services to children and families struggling with

mental health or behavioral issues. However, when Defendant Mclean learned it was therapeutic

help, and would not result in the child being locked up, he declined that assistance too.

After his visit to Children’s Hospital Takoda was moved to the basement while the

defendants walled off all the windows in the attic. When Takoda returned to his attic

confinement, it was now in a smaller area, deprived of external light. And after, Defendants

made sure Takoda was locked in the attic to avoid his escape. (Ex. 8 at pg. 10). In the attic,

Takoda was deprived of clothing, by the time of his death, Defendant Ebert confirmed that all of

Takoda’s clothing had been thrown out. (Ex. 8 pg. 8) Yet despite being deprived of clothing, if

Takoda came down to use the restroom, without clothes, he would be subject to discipline. (Ex.

8 at pg. 23). Defendants remedied problem of J.N. encountering a smelly, naked Takoda, by

only allowing him to use the restroom when J.N. was asleep. Id. There seemed to be a

concern that Takoda may be trying to show off his naked body for J.N., and as humiliation

Defendant Mclean would call Takoda a “fag” and call him girls names all the time. Id.

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 Once confined to the attic Takoda spent all day, every day in painful torture poses created

by Defendant Mclean. (Ex. 8 pg. 70-71, Ex. 9) All three Defendants watched the child from

the comfort of their living room. If the child moved out of one of these horrific poses

Defendant Ebert or Hinze would advise Defendant Mclean of the movement so Defendant

Mclean could punish him, beating him, for disregarding the rules. (Ex. 8 pg. 71,-73, pg 80, Ex.

9) . The iPad recovered from the home had images of Takoda in these excruciating positions.

(Ex. 11). He was forced to stand naked, in a dark attic, bent over so his hands were touching the

floor. He was to hold this pose from when he woke, till the early hours of the morning. All day

every day. (Ex. 8 pg. 70, Ex. 9) These photos, which are created over the course of years and

tell the Court a great deal about what hell this child suffered under the reign of these Defendants.

(See Ex. 11) But this child’s reality only got worse.

As Defendant Mclean spoke to 911, Ofc. Evans and Detectives, he repeated a theme

about how Takoda would not stop eating his own feces. (Ex. 3 at 6:26; 14:46, Defendant’s

Interview Ex. 10 at pgs. 17, 21)(Video associated with Ex. 10 previously entered at Motion to

Suppress) Defendant Mclean wholly failed to mention that it was he, Mclean, that physically

forced Takoda into this dehumanizing act. Per Ebert, and later confirmed by Hinze, it started as

a punishment handed down by Mclean. (Ex. 8 pg. 25-28, Ex. 9). Defendant Mclean became

enraged that Takoda, who was confined to an attic without access to a bathroom, had defecated

on the floor. Id. Defendant commanded Takoda to eat the feces, when Takoda refused,

Defendant Mclean retrieved a glove, picked up the excrement and forced it into Takoda’s mouth

forcing him to eat it. (Ex. 8 pg. 28-29) Takoda tried to refused, but Defendant Mclean forced

him so he could not escape, he began gagging as was forced to chew his own feces. (Ex. 8 pg.

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28-29) After that Takoda knew he was expected to eat his feces, or face more punishment. (Ex.

8 pg. 25).

F. Takoda’s Last Day

The last hours of Takoda’s life was detailed by Defendants Hinze and Ebert. Defendant

Mclean had been out drinking. (Ex. 8 pg. 39) When he came home, he turned his anger on

Takoda. Ebert from another room heard Takoda crying and saying “no more,” just like he begs

his father to stop all the time. (Ex. 8 pg. 40-41) Defendant Hinze had dozed off on the couch

and woke to Defendant Mclean punching Takoda hard in his stomach, consistent with the

internal bruising visible at autopsy. (See Ex. 9) The next morning, before J.N. woke up, Ebert

called for Takoda to come down to use the restroom, Takoda was walking, but holding on to the

walls. (Ex. 8 pg. 42) He would wobble and fall, and stand back up. Id. Defendant Mclean’s

response was to elbow Takoda hard in the back, and order him back upstairs. (Ex. 8 pg. 43).

Once back upstairs, Defendant Mclean gave instructions to put away his folding chair,

and bend over for his punishment pose. Id. Because Takoda did not move fast enough, Mclean

punished him. As Takoda laid down on his stomach, Defendant Mclean stood on his back,

forcing all of his weight, even reaching to the ceiling to push down his weight extra hard,

crushing this 10-year-olds slight body. (Ex. 8 pg. 45, 75)

After this punishment Defendant Mclean again had Takoda stand in the punishment pose

and went downstairs to watch TV with Defendant Ebert and J.N. (Ex. 8 pg. 46) All the while,

Defendant was yelling up at Takoda, calling him a “momma girl” and “faggot.” Id. Defendant

Mclean then took a bottle of hot sauce up to pour on Takoda’s buttocks. Id. Defendant

Mclean readily admitted that pouring hot sauce on Takoda’s rectum was something he would do

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as a punishment, it was one of his parenting tools, and something he did frequently even daily in

the last weeks of his life, according to Defendant Ebert. (Ex. 8 pg. 13, 104-105, Ex 13 pg. 32)

Still not satisfied that Takoda was sufficiently compliant, Defendant Mclean threw the

child around some more, and grabbed him by the ears, and dragged him down the steps. (Ex. 8

pg. 46). Defendant took the child into the bathroom and told him to clean his shorts, when

Takoda again did not move fast enough, he was told to move faster or he was going to be

drowned. (Ex. 8 pg. 47). Defendant Ebert, from the living room, then heard splashing and

Takoda gasping for air. (Ex. 8 pg. 47).

Still not done, Defendant Mclean took the child back upstairs, and from the monitor

Defendant Ebert could see the child lay on the lawn chair, in the fetal position as Mclean stood

behind him. (Ex. 8 Pg. 47) While Defendant Mclean was standing by behind Takoda’s back,

Defendant Ebert could see Defendant making a repetitive motion with his hand. (Ex. 8 pg. 47)

Mclean’s arm motion was going back and forth by Takoda’s rear-end and Ebert thought

Defendant Mclean could have been using hot sauce, but when he came downstairs, he tossed the

chair leg behind the dresser. (Ex. 8 pg. 52, 54) Defendant Mclean admitted during his

interviews that the chair leg had damaged Takoda’s rectum, but he denied that he was the one

that shoved it in there. (Ex. 10 pg. 11) He tried to explain the rectal injury as self-inflicted by

telling Detectives he saw Takoda “stick it in his ass.” He describes asking Takoda to pull it out,

and when he did, blood squirted out. Id. Defendant later describes Takoda inserting the leg into

his anus saying “that’s the kind of stuff he was into” before quickly assuring the detectives,

without them asking any questions about this, that he, himself, was far from gay. (Ex. 10 pg. 18)

Finally, Defendant changed the story, incredibly, to Takoda fighting to keep the chair leg in his

rectum, and Defendant had to wrestle with him to get it out, and blood started squirting out. (Ex.

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10 at pg. 30) Mclean claimed he took him to the tub to clean him up, but saw the injury was not

too bad, just a little bit of blood and a little swollen. (Ex. 10 at pg. 30) Defendant’s claimed

observations is wholly inconsistent with the actual inflicted injury to this child.

After Defendant comes back downstairs and deposits the chair leg, Takoda never made

another sound, he no longer incurred wrath by his perceived disobedience. ( Ex. 8 pg. 48)

IV. CONSECUTIVE SENTENCES

The State requests consecutive sentencing for each of these Defendants.

To impose consecutive sentencing the Court must make findings consistent with R.C.

2929.14(C)(4), which now provides:

If multiple prison terms are imposed on an offender for convictions of multiple

offenses, the court may require the offender to serve the prison terms
consecutively if the court finds that the consecutive service is necessary to protect
the public from future crime or to punish the offender and that consecutive
sentences are not disproportionate to the seriousness of the offender’s conduct and
to the danger the offender poses to the public, and if the court also finds any of the
following:

(a) The offender committed one or more of the multiple offenses while the
offender was awaiting trial or sentencing, was under a sanction imposed
pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or was
under post-release control for a prior offense.

(b) At least two of the multiple offenses were committed as part of one or more
courses of conduct, and the harm caused by two or more of the multiple
offenses so committed was so great or unusual that no single prison term for
any of the offenses committed as part of any of the courses of conduct
adequately reflects the seriousness of the offender’s conduct.

(c) The offender’s history of criminal conduct demonstrates that consecutive

sentences are necessary to protect the public from future crime by the
offender.

V. STATE’S REQUEST FOR MAXIMUM SENTENCING

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 A. Defendant Ebert

Ironically when Ebert was arrested at the Kensington residence on December 20,

2019, she wore a cartoon shirt featuring the phrase “I’d help, but…. I don’t want to.” (State’s

Ex. 12) But the truth of her conduct is worse, she was wholly complicit in the excessive abuse,

torture, and ultimately the killing of Takoda Collins. She and her sister participated and

encouraged the years of abuse and torture of this child in every way other than laying hands on

him herself. She would monitor Takoda from the living room while he was in his torture poses.

Although neither Ebert nor Hinze would personally beat him if he moved, they would let Mclean

know so that he would punish him. They well knew Defendant Mclean’s version of punishment

was excessive abuse and torture including beating Takoda, throwing him around, standing on

him. Defendant Ebert also reported incidents where Mclean would strangle Takoda. (Ex. 13 pg.

31) And she knew that Defendant Mclean’s punishment regiment included physically forcing

this child to eat his own feces.

She also participated wholly in the isolation of this child. She made sure he was locked

in the attic. She allowed him out only when preferred child, J.N. would not have to see him. She

got him Takoda up in the morning, before J.N. would need to interact with him because Takoda

smelled and was naked. Defendant Ebert would then make sure he was back locked in the

attic before J.N. was awake. Of these three adults who were in the role of care takers of this

child, she had the opportunity to have the most contact with Takoda. She did not work, did not

have a car, she was at the residence most of the time. But she simply chose not to do anything

to assist this child, or improve his miserable existence in anyway. Rather, she participated in

his torture.

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 Although ultimately, she provided details which did assist in the prosecution of

Defendants Mclean and Hinze. Any remorse shown came too late to help Takoda. She was the

person that spent the most time with Takoda. She probably was the child’s best hope to break

free from the hell he lived in. But she was just another adult, wholly invested in the

abuse/torture of this child. The way she phrased it her third interview speaks volumes about her

interaction and involvement with the confinement, abuse, and torture of Takoda:

And he just likes to just dance around, move around and so I just thought he was doing
that just to make me mad so I can tell Al that he was just not ever listening to me –
because whatever, he never listens to me, that’s why I just gave up talking to him at the
most part.” (Ex. 14 pg. 22-23)

It was clear that she was categorizing Takoda’s behavior as disrespectful nonsense, when the

child knew he was supposed to be standing in punishment positions for 7 AM until 3 to 4 AM.

Id. Her remedy was to further isolate the child by declining to even speak to him.

On the day of the death, she called Takoda down, and while the child stumbled due to

weakness she, like Defendant Mclean and Hinze, categorized it as “putting on a show like he

always does.” (Ex. 14 pg. 15). She watched from the monitor while Defendant Mclean inflict

fatal injuries on this child and simply carried on caring for J.N. After a while she went to bed,

she was awoken by Defendant Hinze who said Takoda was not breathing. (Ex. 14 pg. .34)

Rather than help, or even call 911, these Defendants turned their backs on Takoda one last time

and walked out the door with J.N.

Of the three, Defendant Ebert was the quickest to start to tell the horrors of Takoda’s life.

However, even then she initially withheld information connecting Defendant to the rape of

Takoda with the chair leg. It is true that she did proffer and plea even before the Grand Jury

considered homicide charges. However, it is also true that remorse simply came too late to help

Takoda. Even by her own words she was fully invested with the torture. Her decisions, for

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years, to participate with Defendant Mclean’s scheme of torture, excessive abuse, and captivity

made her fully part of this child’s nightmare existence. Even when she witnessed Defendant

Mclean force-feed this child his own feces she carried on with her role. Where she could have

offered refuge, or at least kindness she chose to simply stop talking to the captive.

For the charges of Manslaughter Felony Three, and Child Endangering, Torture, she

should face an extensive period of imprisonment. Her conduct justifies maximum and

consecutive sentencing as there is no worse form of these offense that what these three

defendants did against this child.

B. Defendant Hinze

Defendant Hinze inserted herself into Takoda’s life as the mother figure. She held

herself out to the school, to Children’s Hospital as Takoda’s step-mother. She had assured

Takoda’s maternal grandmother she would care for Takoda as her own child. Most

devastatingly she held herself out to Takoda as a mother figure, he called her mom. This was the

person Takoda should have looked to for love, for help, for safety. But instead of protecting

and caring for this child, she facilitated and participated in his isolation and torture. Meanwhile,

Takoda bore witness to her demonstrating love and care to another child. Another child, who

witnessed Takoda being treated worse than an animal, and could watch his captivity on the

television with the defendants.

Defendant Hinze provided the residence, worked a job, was in and out of the house, and

could have gotten help and ended this hell. Rather than end this child’s torment, she facilitated it

by wholly isolating him when she and Defendant Mclean withdrew Takoda from school. The

plan to withdraw would only work if an adult with a diploma provided an education plan. It was

Hinze that prepared those documents, made the false promise of home education, only to achieve

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the goal of entirely isolating this child from anyone that might try to help him- or try to intervene

in their “parenting.”

Although she did plea and agree to testify very shortly before Mclean pled, it was again,

too little too late to help Takoda. Moreover, her attitude throughout has shown no remorse for

her deplorable conduct. Rather, she, like Defendant Mclean, appear to have seen nothing wrong

with the horrendous torture they inflicted on this child. She like her boyfriend Mclean, justified

their actions by blaming Takoda’s behavior. These defendants were in lockstep in the decisions

that they made during Takoda’s life, and in lockstep with their version of events after Mclean

killed Takoda. The horrific truth is- they do not appear then, or now, to understand the depravity

with which they tortured this child.

Nothing makes their joint position clearer than State’s Exhibit 18, a recorded jail

visitation between Defendants Mclean and Hinze recorded in the short time wherein Defendant

Mclean had been charged and arrested, but Defendant Hinze was not yet in custody. The two

commiserate about the living conditions they provided Takoda being the best they could do,

“what more could we have done?” they rhetorically asked each other. (Ex. 15 Clip 1 6:23-

6:40; Clip 4 15:55) They told each other that Defendant Hinze was doing a great job working

and supporting the family and being head of household. (Ex. 15 Clip 3 12:18) They comforted

each other that the tarp was needed, everything they did to Takoda, every bruise, was necessary.

(Ex. 15 Clip 2 1:30-1:57) While Defendant Mclean tried to talk to her about his story that

Takoda did the chair leg thing to himself, Hinze denied knowledge of that, but they were on the

same page that their story is Defendant Mclean did everything he could to stop Takoda from

hurting himself. (Ex. 15 Clip 1 9:45-10:08) Defendants complained every day it was a new

show and blamed Takoda for always shaking his butt. (Ex. 15 Clip 1 10:08-10:28) She assured

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Defendant Mclean they were in this together. (Ex. 15 Clip 1 10:08-10:28) They reminded each

other how bad Takoda smelled, of feces and urine, and were angry the police were saying

Takoda would eat his own poop for nutrition. (Ex. 15 Clip 2 7:40-7:46) They even complained

about how bad the attic started to smell, and the feces left there after Takoda was confined there

without access to a bathroom. (Ex. 15 Clip 3 5:33)

But throughout their lamenting they wholly skip the part where they were the ones

responsible for locking the child in an attic; they were responsible for Takoda having no

clothes; they were the ones responsible for Takoda having no access to a restroom. They forgot

to mention they were the ones responsible for how Takoda smelled. In fact, they applauded

themselves for giving Takoda a bucket to clean up after himself, they ponder ‘what more could

they have done’? (Ex. 15 Clip 3 at 12:45) But they wholly failed to mention Defendant

Mclean, picking up Takoda’s feces, with a gloved hand, forcing it into to Takoda’s mouth and

forcing the child to eat it.

They are also wholly in agreement with a joint defense strategy of discrediting Defendant

Ebert to law enforcement. (Ex. 15 Clip 1 9:20; Ex. 15 Clip 4 14:15-49) They commiserate no

one would help them, he was too young for help. (Ex. 15 Clip 1 14:20-14:45) But these

Defendants conveniently leave out of their repertoire of laments that they were offered resources

by the school, juvenile court, children’s services, and Children’s Hospital and refused those

offers at each and every turn because they were not interested in mental health help- they wanted

him punished.

They also complained about the overreaching police department and claimed together

that Takoda was not all that injured, while they tried to convince themselves the child just had a

heart attack. (Ex. 15 Clip 1 16:50-18:13) The couple was outraged that the police are focused

23
on proving that he was a terrible father. (Ex. 15 Clip 2 14:05- 14:15) And Defendant Hinze

assured boyfriend Mclean, who force fed the child feces, and then murdered him, that he is a

good dad, and a good person. (Ex. 15 Clip 2 14:05- 14:15, Clip 6 8:21-9:08) They affirmed to

each other that if Takoda was here he would speak for them. (Ex. Clip 15 at 14:44)

Defendant Hinze is so committed to freeing her unjustly accused murderous boyfriend

that she even created a go-fund me account, in Takoda’s name to help Defendant Mclean. (Ex.

15 Clip 1 8:15-8:25) But rather than the murder, or even tragic death of Takoda, what she was

most focused on throughout the call, and throughout the week before her arrest is getting J.N.

back. In efforts to get J.N. she appeared and testified in juvenile court requesting visitation of

J.N. in the week prior to her arrest. She even testified about the events surrounding Takoda’s

death. She admitted the Takoda was not breathing and she did not call 911. (Juvenile Court

Transcript Ex. 16 pg. 39) She admitted to taking J.N. and leaving the house without calling

911, knowing that Takoda needed medical care. (Ex. 16 pg. 40) And she admitted that she

knew that delaying medical aid even for minutes and seconds mattered to the life of Takoda.

(See Ex. 16 pg. 40). Even still, she and boyfriend Mclean were outraged that the State was

suggesting she is unfit to care for J.N. (Ex. 15 Clip 2 :8:50)

Defendant Hinze assumed an affirmative duty to care for this child when she inserted

herself in the role of mother. That is not a role that can be abandoned just because you find a

child you like better. She and Mclean acted together as a team. It was her presence in

Takoda’s life as a step-mother that lent the appearance of stability when dealing with potentially

intervening forces such as the school, the hospital and children services. It was her setting out an

education plan that firmly sealed this child’s fate, removing him from any hope of rescue.

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 They were a team. The rhetoric they told themselves about Takoda, and their parenting

skills emboldened Mclean to inflict unimaginable, constant torture on this child. Torture she saw,

torture she would cause when she reported Takoda moved from a punishment position again.

On the day Takoda needed her the most, she failed him one last time. She grabbed the preferred

child, and her sister, and left Takoda unresponsive and badly in the need of medical care. She

could not even be bothered to make a 911 call.

By agreement the charges to which she pled do not merge. But more importantly they all

reflect separate horrific conduct, which justifies, and necessitates consecutive sentences.

Count 6 of the B indictment charges for her complete failure to care for the health and

safety of Takdoda Collins from the time he entered Horace Mann, until he launched himself out

of the attic where he was confined and required surgical intervention. She assumed the role of

parent and did nothing to tend to his medical needs, emotional needs, psychological needs,

educational needs- any of his basic human needs. This is conduct separate and apart from her

other charged crimes, and should be punished separately.

Count Four of the original indictment charges for the cruel restraint of keeping a child

confined to an attic for the year from when he launched himself out of the window, until the date

of death. The cruel restraint charge addresses the vile conditions she kept this child in, naked,

denied basic necessities, should be sentenced and charged separately and consecutive to all other

charges. The horror that child faced, by that extended confinement is unthinkable.

Count Three of the original indictment relates to the torture that was inflicted on this

young child. Takoda was not just held captive in an attic and deprived of necessities. His

existence was far more unbelievably horrific- he was forced to stand in what must have been

unbearable punishment poses for twenty hours a day every day of his life. The punishment for

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moving, was to be beaten, strangled, stood on, drowned, doused with hot sauce, or at least on one

occasion forcibly raped. This is wholly sperate from the trauma and harm inflicted by the other

counts.

And most certainly, the fact that the abuse got worse, and more severe, she continued to

do nothing to assist child, culminating in walking away without so much as a 911 call, on the day

he suffered fatal injury, that lead to his death, is most worthy of consecutive sentencing.

Any remorse shown now is too little, too late to help Takoda. Her conduct in Takoda’s

life and death is worthy of maximum consecutive sentences. Moreover, her long-term

endorsement and participation in these unimaginable acts makes her very dangerous. As such

for the protection of the community, and to adequately punish her conduct, maximum and

consecutive sentencing is justified.

C. Defendant Mclean

Defendant Mclean has shown absolutely no remorse for the horrific life and death of his

child. Rather, from the time he called 911 he attempted to claim the role of the victim in this

case. Even on his jail call, after he has murdered his own child, after years of horrific torture and

abuse, he complained about his own discomfort: he needs clothes, it smells, he’s been denied

undergarments, he is cold, he is hungry, he only gets three cold meals a day, that his bunk is too

hard, or he is concerned for his safety. (Ex. 15 Clip 1 1:55, 18:58, Clip 3 00:55, 8:50, Clip 4

19:45-57) He wholly failed to acknowledge that he was living a dream compared to the

nightmare he subjected his son to for years. Being naked, cold and hungry were the least of

Takoda’s problems. Defendant and his partners, forced Takoda into painful torture poses,

which he was forced to hold for twenty hours a day, every day. In the prison ran by Defendant

Mclean, his 10 year old captive was force fed his own feces, severely beaten, strangulation,

26
crushing weight on his body, rape with a foreign object, and ultimately, at Defendant’s Mclean

had given the death penalty.

As with Hinze, each of Defendant’s charges reflect separate and distinct horrors that he

imposed on Takoda Collins. As such each charge should be separately and consecutively

punished. Just as he separately inflicted punishment on Takoda each time he dared to move or

fall out of a twenty hour punishment pose.

Defendant Mclean, while complaining about the injustice of his own incarceration,

asserted to Hinze that if Takoda was here he would speak up for him. (State’s Ex. 15 Clip 2

14:42) But Takoda never had a voice, this Defendant made sure of it. When Takoda was in

school, he was isolated into silence. He was sent in filthy clothes, sent with embarrassing hair

cuts, and smelled of feces. In this manner Defendant kept people away from Takoda. When

teachers and the nurse spoke up for Takoda, Defendant silenced them demanding they not treat

his child anymore. When the school would not stop speaking up for Takoda, he forever silenced

the school by withdrawing Takoda from their protection. He silenced him in the home by

forcing him to live in a dark attic, naked and alone. He silenced him with brutal punishment

poses every day of his life, all day. He silenced Takoda by brutally beating him, throwing him

around, strangling, pressing down on his body with his weight so he could not breathe whenever

the child dare move from the excruciating punishment poses. He silenced Takoda when he

shoved feces into his mouth. He silenced Takoda when, on the day of his death he crushed the

life out of him, standing on him with all of his weight. He silenced Takoda when, he shoved a

chair leg deep into the rectum of his already bruised and battered child, causing horrific ripping,

bruising and what must have been excruciating pain.

27
 Takoda may have been silenced but the wounds to his body externally and internally, tell

of the damage Defendants did. The photos on the iPad, the conditions of the room, speak of the

hell this Defendant inflicted on him, over the course of years. And those wounds and scars, and

this history, cry out for justice.

The State urges this Court to impose the maximum 51 years to life. Defendant is

dangerous, and without remorse. For the protection of society and so as not to demean the

seriousness of the horrific nature of his actions during the life and death of Takoda the maximum

sentence is necessary.

Respectfully Submitted,

MATHIAS H. HECK, JR.

PROSECUTING ATTORNEY

By: /s/ Lynda A. Dodd

LYNDA A. DODD #0068551

By: /s/ Jonathan Sauline

JONATHAN SAULINE #0090822

Assistant Prosecuting Attorneys

301 West Third Street, Fifth Floor
Dayton, Ohio 45422
(937) 225-5757

CERTIFICATE OF SERVICE

I hereby certify that on the date of filing, I electronically filed the foregoing with the
Clerk of Court using the CMF/ECF system, which will send notification of such filing to the
Attorney(s) for Defendant.

By: /s/ Lynda A. Dodd

LYNDA A. DODD #0068551
Assistant Prosecuting Attorney

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