Warrant issued in jail theft trial

DAYTON (WDTN) - A twist in the trial of a former Montgomery County jailer accused of stealing from the very inmates he locked up. A man set to testify against Malcolm Capps is now missing.

A judge ordered Jabree Yates to show up on Tuesday, so that he could testify against Capps. Yates didn't show up and a warrant was issued for his arrest.
 
Prosecutors said Yates was there, when Capps, a former corrections officer, pocketed money at the Montgomery County Jail.
    
Investigators said surveillance video captured Capps stealing from an inmate he booked in.
    
Investigators arrested Capps in May and charged him with theft in office.
    
Prosecutors said this delay does not take away from the seriousness of the crime.

"Obviously this is very important," said Assistant Montgomery County Prosecutor Janna Huber. "Being an employee of the county, he was in a position of trust. He was entrusted with the care and custody of inmates coming into the jail. He abused that position of authority. He took advantage of the inmates and he stole their money".

If you have any information on the whereabouts of Jabree Yates, you are asked to call the Montgomery County Sheriff's Office at 225-6499.
    
Prosecutors said as soon as he is located, Capps' trial will resume.