By Gary Ogle and Bob Strohm
gogle@wbcowqel.com; bstrohm@wbcowqel.com
Four more people left Crawford County Common Pleas Court on Monday with reservations on transports to state correctional facilities.
Cody Moyer received the lengthiest sentence of the four – maximum consecutive prison terms of 12 and 36 months on charges of drug possession and drug trafficking. Burglary charges against Cody Moyer were dropped in exchange for his guilty plea.
Moyer made the plea without an agreed upon sentence in place. Instead, he and his attorney argued for a sentence in front of Judge Sean Leuthold.
Assistant Prosecutor Ryan Hoovler got the first word in and told the judge, “This is what we’re fighting against in this county.”
Moyer was originally arrested with his wife, Keely, and Brandon Johnson Jr. on Sept. 17 in a Galion drug bust.
Moyer’s attorney, Andrew Motter, noted that his client had no previous felony convictions and said he believed there were “other alternatives other than prison sentences that were more appropriate.”
Moyer, himself had little to say other than maximum sentences in his case were not appropriate.
However, the judge disagreed and handed down maximum sentences on both counts of the charges and ordered them to run consecutively.
“Between you and your wife, you were selling quite a bit of heroin in the Galion area,” Leuthold said. “Selling heroin contributes to misery and poverty.”
The judge did offer a glimmer of hope that Moyer may not have to serve the entire 48 months, adding that once Moyer had served multiple years of the sentence he would be willing to look at Moyer’s record while incarcerated and consider a motion for early release.
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Richard Awbrey was given a 20-month prison sentence after pleading guilty to an F3 charge of tampering of evidence and F5 drug possession. Awbrey was also ordered to pay a $1,250 drug fine as well as forfeit all drug related property to the Bucyrus Police Department.
Twenty-three-year-old Matthew Maag pleaded guilty to the third-degree felony of tampering with evidence and also violating probation from a previous felony conviction. Maag admitted to substituting fake urine for a mandatory drug test.
Maag was sentenced to 18 months on the new felony and 12 months on the existing conviction for which he was on probation. Those sentences are to run consecutively.
“Mr. Maag, you and I have known each other for some time,” Judge Leuthold said, citing Maag’s extensive record including misdemeanors. “Your life is a series of irresponsible crimes and screw-ups. It’s a new day in this county, we don’t tolerate that anymore.”
The judge told Maag he was at a point in his life where he could use the prison time to get sober and turn his life around, or face further consequences if he returned to his old lifestyle when he was free again.
“”I’ll be here,” Leuthold said. “I’m not going anywhere.”
Joshua Miller found himself in the defense seat again after failing community control when he tested positive for cocaine. While Miller’s community control wasn’t revoked, Judge Leuthold ordered him to spend 75 days at the Crawford County Justice Center with time served and reenrollment into the ISAT program.
After sentencing Miller, Judge Leuthold lectured Miller.
“Look back at your mom. How many times is she going to have to come in sobbing 20; 25; 30? You are a selfish immature jerk who thinks only about himself. You have killed yourself twice. You are a scumbag. I can’t believe you did this. I have tried to move heaven and Earth for you, Maryhaven has tried.”
Leuthold released Miller to Dan Wurm ordering that Miller be tested daily and that if he is under any violation to arrest him on the spot. Leuthold then returned to the lecture towards Miller again.
“This is the last stop before prison. I am going to put you back in the ISAT program, and I expect you to fail. I expect you to be facing me yet again. If you violate any conditions of your parole you are going away. I am going to start treating you like the criminal that you are. You won’t see me coming in saying ‘Hey buddy how are you doing?’ Those days are over.”
Leuthold then directed his attention to Miller’s mother at the back of the courtroom.
“When he screws up again he is going to go to prison and that will be that,” Judge Leuthold said.
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Sarah Barker pleaded guilty to F5 charges of possession of drugs and permitting drug abuse. As a result Barker was given an 11-month prison sentence on each charge to be served concurrently. Barker was also given a mandatory drug fine of $1,250 and a 6 months license suspension.
“I don’t know what to tell you. Just because your boyfriend gets mixed up with heroin doesn’t mean you should,” Judge Leuthold said. “I hope you get your head straightened out.”
Marcus Williams was given new counsel after a new case with numerous counts was brought against him. Williams was appointed Rolf Whitney after Bob Whitney was relieved from the case as he was representing Williams pro bono prior to the new charges brought against him.
In other court news Monday, Peggy Lewis pleaded guilty for felony drug possession. Sentencing was postponed until a pre-sentence investigation can be completed. The recommended sentence is five years of community control and completion of an approved drug and alcohol program.
William Sykes was granted early release from a prison sentenced he was serving for a felony DUI conviction. Sykes was placed on probation for five years.