By Krystal Smalley and Gary Ogle
ksmalley@wbcowqel.com; gogle@wbcowqel.com
Illegal drug use was the overriding issue filling the docket for Crawford County Common Pleas Court in both morning and afternoon session on Monday.
It took Judge Sean Leuthold a while to decide on the proper sentence for 19-year-old Brian Thompson and, in the end, he was not sure it would be the right decision.
Thompson served nearly a year in prison for second-degree felony robbery and Leuthold granted him judicial release in December as part of the original plea agreement under former Judge Russell Wiseman. Thompson violated his community control, however, when he was arrested with drug paraphernalia and admitted to using K2.
“He was given an opportunity that he learned his lesson,” stated assistant prosecutor Ryan Hoovler, who argued for sending Thompson back to prison.
Thompson’s parole officer, Mark Alspach, however, argued for returning him to community control. Though Thompson did violate his probation when he was arrested for a misdemeanor charge, Alspach said Thompson also reported the incident to him.
With Hoovler and Alspach taking opposite sides on the matter, Leuthold let Thompson decide which way the scales would tip: three years in prison or five years on community control.
“Whatever you have to say right now – that’s going to convince me one way or the other,” Leuthold said. “Let’s hear it. Stand up.”
As Thompson stood up at the defense table, dressed in orange with his hands and feet cuffed, he began his plea with Leuthold. He stated that he was first locked up at the age of 15 and had been in and out since that time, crediting his use of Posh – a synthetic marijuana also known as K2 or Spice – for the reason he could not stay out of trouble.
“I don’t know what’s going to happen today,” Thompson admitted. “I’m so tired of this cycle.”
“Every person who uses tells me the same thing,” Leuthold said. “Tell me something different – why I should give you a second chance.”
Though Thompson said he had potential, Leuthold asked about his behavior while in the county jail. Thompson admitted to getting into a fight with another inmate and being placed on lockdown. He said the fight stemmed from a TV remote and the show that was playing: “Forgetting Sarah Marshall.”
“That’s a terrible movie,” Leuthold disputed. “You decided “Forgetting Sarah Marshall” is worth going to prison for?”
Leuthold sat in silence for several moments as he debated Thompson’s punishment. “I’m probably going to kick myself in the teeth for this,” Leuthold said as he tossed a case file down on his desk. “I think you’re full of it . . . You haven’t learned anything as far as I’m concerned.”
Leuthold sentenced Thompson to five years on community control with six months spent in the county jail.
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Thirty-seven-year-old Benjamin Israel, of Bucyrus, was sentenced to five years on community control, fined $1,250, and received a six-month driver’s license suspension. Israel pleaded guilty to fifth-degree drug possession in March.
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Rose Douglas pleaded guilty to permitting drug abuse, a fifth-degree felony, and is expected to receive one year on community control. The 54-year-old Bucyrus woman will also have to enter and complete a drug and alcohol treatment program and recommended counseling. Her driver’s license will be suspended for six months.
Leuthold ordered a pre-sentence investigation to be completed and continued Douglas’ personal recognizance bond.
Douglas and her husband, Leslie Douglas, were arrested by the Crawford County Sheriff’s Office in February as the result of a heroin investigation. Police executed a search warrant at 3889 King Rd. and arrested Jamie Hall and Stephanie Lockhart at that time. Douglas and her husband, who were renting the King Road property and sublet it to Hall, were arrested in Mansfield as a result of a warrant issued in Crawford County.
“I don’t think you’re the ring leader of anything,” Leuthold told Douglas. “You just kind of got stuck in the middle.”
Leslie Douglas was sentenced to 54 months in prison earlier this month on drug possession and drug trafficking, both third-degree felonies.
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Leuthold warned 45-year-old Tamara Roberson when she pleaded guilty to theft last year and was ordered to pay restitution that he would not forget about her case. His warning proved true when the Crestline woman admitted to failing to pay $7,751.73 in restitution to BAY Soccer.
“Either you’re going to pay this off or you’re going to prison,” Leuthold told Roberson Monday afternoon.
Roberson received her sentencing in June of 2015, but failed to make any payments on the restitution until the following November. Since that time she has made regular payments of $141.
Her efforts to pay the sum, though later than ordered, appeased Leuthold to a point and he continued Roberson on community control. He also conceded to possibly letting her off probation early if she was able to pay off the amount.
“I’ve given you a bunch of grief for falling behind, but I’ll pat you on the back for catching up,” Leuthold said. He cautioned Roberson, however, that he was not a collection agency and would not be as lenient if she continued the cycle of not making payments.
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In other court news from Monday morning, Ronald Pavlus was arraigned on a two-count indictment charging him with felony 5 drug trafficking. Both counts carry a maximum 12-month prison sentence if convicted. The judge appointed Geoffrey Stoll to represent Pavlus and set bond at $150,000.
Joseph Vanderkooi was in court for an initial hearing for an alleged probation violation. Vanderkooi is charged with being charged with felony drug trafficking, having marijuana in his possession, testing positive for marijuana and failing to report to his probation officer.
Attorney Thomas Nickolson was appointed to represent Vanderkooi and bond was set at $150,000.
Jacob Morgan also appeared at an initial hearing for violating probation. Morgan is alleged to have taken a gun, being in possession of the gun and testing positive for marijuana.
Adam Stone is Morgan’s attorney and bond was again set at $150,000.