By Gary Ogle
gogle@wbcowqel.com
Charges of burglary, assault and illegal drug use resulted in four people being sentenced to prison terms in Crawford County Common Pleas Court on Tuesday.
Judge Sean Leuthold handed down a four-year sentence to 25-year-old Zachariah Spade of Crestline who pleaded guilty to second-degree felony burglary. Spade broke into a house trailer being used for storage at a business. Some employees of the business stayed overnight at the time of the break-in which elevated the offense from breaking and entering to burglary.
Taking into account that Spade was unaware someone was in the structure at the time and didn’t expect anyone to be there, the judge agreed to consider early release but set a condition.
“I expect exemplary behavior while you are in prison,” Leuthold said.
In exchange for the guilty plea, the prosecutor’s office agreed not to pursue community control violations against Spade who had been convicted in 2014 of illegal use of food stamps or WIC benefits. However, Spade was unsuccessfully terminated from probation in that case.
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Also receiving a four-year sentence was Ashley Clemons who admitted to second-degree felonious assault. The judge also indicated he would consider early release for Clemons. He called the situation in which the victim’s jaw was broken “a Facebook fight” referring to online threats that led to the incident.
The 27-year-old Clemons is from Dayton and must also pay restitution for the victim’s out-of-pocket expenses if any are verified.
Kasie Frank, 24, was charged with and admitted to violating community control for a positive drug test and using heroin. Frank was on community control for three felony convictions, two for drug possession and another for forgery, and was sentenced Tuesday to 10-month sentences in each of those cases. Frank will serve those sentences consecutively for a total of 30 months.
A neighbor of Frank’s father spoke on her behalf asking that the judge consider releasing Frank from prison for a short time around Christmas to spend it with her children.
“It’s clear to me you haven’t put your children above your addiction,” Leuthold told Frank. “It breaks my heart.”
The judge continued saying that Frank’s children were also victims of her addiction.
“The bottom line is you are going to have to start thinking of someone else other than yourself,” Leuthold told Frank.
The judge said he would keep the letter requesting temporary release in Frank’s file and review it in November before making a decision.
James Lewis of Marion was sentenced to nine months in prison, also for violating community control related to drug use. Lewis, 43, was convicted earlier this year of drug possession in a case filed in 2014.
“This county doesn’t tolerate that nonsense, you hear?” said the judge, addressing Lewis.
“I understand that now, your Honor,” Lewis replied.
In other cases Tuesday, Anthony Burns pleaded guilty to fifth-degree felony drug possession. A pre-sentence investigation was ordered. The recommended sentence for the 19-year-old is five years on community control. The judge ordered Burns to be considered for his intensive supervision program as well.
Joshua Smith was not prison eligible and was sentenced by Leuthold to five years on community control for fifth-degree felony drug possession. Smith is not prison eligible as a first-time felony offender and told the judge he had already started drug and alcohol counseling and other support systems.
Leuthold, who expressed pessimism about putting Smith on community control, issued a stern warning, “Don’t come back in front of me for a probation violation.”