By Krystal Smalley
ksmalley@wbcowqel.com
There is an adage about a person being his or her own worst enemy. Matthew Maag should have taken note of it prior to appearing in Common Pleas Court when what should have been a simple community control sentence quickly turned into a jail sentence.
The 23-year-old Maag of Galion appeared in Common Pleas Court dressed in a puffy red winter jacket and slumped down in his seat by his attorney. Judge Leuthold, assessing Maag’s condition, inquired if he was feeling all right. Though Maag replied that he was sleepy, Leuthold suspected something more when the defendant could not sit up straight or hold his head up.
“Mr. Maag appears to under the influence of drugs or alcohol,” Leuthold said, standing up from behind the bench and pointing towards Maag with authority. “Let’s have him drug tested.”
While being tested, Maag informed the bailiff that he would test positive for marijuana and opiates. Maag had been out on a personal recognizance bond on a drug possession charge. That bond stated that he must refrain from drugs or alcohol.
“You were not prison eligible up until now,” Leuthold warned Maag when he returned from his drug test.
Leuthold revoked Maag’s personal recognizance bond, set a new bond at $250,000, and ordered him into custody of the Crawford County Sheriff’s Office. As a deputy handcuffed Maag, the defendant could be heard cursing the judge while in the courtroom. Leuthold held Maag in contempt and sentenced him to 30 days in jail, which will be served consecutively with any other sentence handed down at a later date.
The judge has shown during his first month on the Common Pleas Court bench that he isn’t afraid to hand down prison sentences and Monday was no exception.
Leuthold sentenced 29-year-old Clifford Stanley of Bucyrus to nine months in prison with 113 days of jail time credit. Stanley had pleaded guilty to receiving stolen property, a fifth-degree felony. He must also pay $1,357.91 in restitution and a $1,250 fine.
“I’m disturbed by a number of things and that’s why I’m going to follow this recommendation,” Leuthold stated.
Typically, a fifth-degree does not require a prison sentence but Leuthold said that, in light of Stanley refusing to cooperate in returning the items, he felt a prison sentence was appropriate. Leuthold also ordered that any money collected from Stanley will first be applied to the restitution before going towards the fine.
A seven-month prison sentence was handed down to 29-year-old Mary Ann Rathers of Bucyrus. Rathers pleaded guilty to possession of heroin. In addition to her prison sentence, Rathers will be credited for 74 days served in the county jail, had her license suspended for six month, ordered to pay a $1,250 mandatory drug fine, and must forfeit any drug-related property being held to the Bucyrus Police Department.
Rathers had two felonies on her record from 2011 and it was enough to convince Leuthold to go along with the prison sentence.
“There was a time when you had a felony five possession of drugs,” Leuthold told Rathers, “and you would get community control and drug treatment. Now that has changed,” he said.
“If you’re going to have multiple felonies in this county, you’re going to prison.”
Chaz Akers returned to prison after admitting to violating his community control. Akers had originally pleaded guilty to trespassing at an occupied structure and receiving stolen property in 2012 and had been sentenced to 18 months in prison on both counts for a total of 36 months. He had received judicial release after serving a period of time.
Akers admitted to being convicted of possessing drug abuse instruments and drug paraphernalia in Municipal Court on Jan. 14 and testing positive for marijuana, opiates, and Suboxone on Feb. 9.
Leuthold imposed the remainder of Akers sentence minus the time he had served in the county jail and time served at a community-based correctional facility.
Ralph Price III failed once again to show for his court hearing and Leuthold ordered a bench warrant for his arrest.
Price, a 33-year-old Galion man, had a status hearing scheduled for his felony four theft case Monday afternoon. His attorney, Tim O’Leary had been appointed on Nov. 17 when Price first failed to appear for his court hearing. After four months and numerous attempts at locating his client, Leuthold believed O’Leary’s efforts were commendable.
O’Leary requested to withdraw from the case due to the fact that the victim was a former client. Leuthold appointed Adam Stone as Price’s new attorney.