By Krystal Smalley
ksmalley@wbcowqel.com
James Rumbarger started out on the wrong foot with Judge Sean Leuthold and it did not get much better from there.
Rumbarger appeared in Crawford County Common Pleas Court Monday afternoon for a restitution hearing in his breaking and entering case.
“Mr. Rumbarger, I’m going to give you some advice right now,” Leuthold said. “Do not act like we’re wasting your time. You caused this mess.”
The mess Leuthold was referring to was the amount of restitution Rumbarger would have to pay his victims in his breaking and entering cases. The defense and State stipulated to amounts for three victims – $7,000, $500, and $2,012.53 – while a fourth victim failed to appear and show evidence for his request of $169,500 in restitution.
A hearing was held for Majid Ressallat’s restitution amount, however, after the two sides could not agree on an amount. Ressallat came prepared with photos of the damage done to his building, a police report, and an estimate he just received from a building and remodeling company in Mansfield. That estimate totaled $80,900.
“The law looks like its supporting him and not supporting me,” Ressallat told Leuthold while on the witness stand.
Leuthold explained earlier to Ressallat and another victim that even if he ordered the restitution amounts requested, they may never see the entire sum, especially if Rumbarger is unable to pay. If Rumbarger failed his community control, Leuthold cautioned, the defendant could be sentenced to prison, but, once released, would not be required to pay the balance of the restitution as he would no longer be on probation.
Assistant prosecutor Ryan Hoovler argued that Rumbarger already pleaded guilty to breaking and entering Ressallat’s property. He backed up the estimate for $80,900.
Defense attorney Grant Garverick, however, argued that it was not clear that the breaking and entering incident caused all of the damage shown in the photos.
“They literally stole everything that wasn’t nailed down,” Leuthold stated as he ordered the $80,900 in restitution before turning his attention to Rumbarger.
“I hope you’re proud of yourself. You ruined this man,” Leuthold said. The judge then apologized to Ressallat for a criminal justice system that was not set up to properly compensate the victims.
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Eight months ago, Chase Bowman was told it was past time to grow up. He didn’t seem to take Leuthold’s comments to heart and appeared in court Monday morning to admit to violating his community control.
The 19-year-old Bucyrus man, who was on community control since February for drug possession, admitted that he failed to complete his drug treatment program. He received a nine-month prison sentence for the violation.
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Twenty-five-year-old Tiffany Eaches, of Bucyrus, pleaded guilty to one count of theft and eight counts of forgery, all fifth-degree felonies. Her recommended sentence included five years on community control, entrance into the Intensive Supervision and Treatment program, and restitution in an amount to be determined.
Leuthold ordered a pre-sentence investigation and continued Eaches’ bond.
“That’s the scary part,” Leuthold told Eaches. “You’re 25 years old and heading towards the end of the line.”
The judge reminded Eaches that she could be sentenced to a total of nine years in prison if she failed her probation.
“I’d rather see you do five to eight years in prison than living on the streets like you have,” Leuthold said. “If you’re going to meet us halfway, you’re going to win this thing.”
Thirty-four-year-old Shawna Holman, of Bucyrus, was sentenced to five years of community control and received a $1,250 fine. Holman, who was not prison eligible, pleaded guilty to drug trafficking in September.
“It’s something that frustrates me,” Leuthold said about allowing a drug trafficker to go without prison time. “I have to give you community control.”
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Thirty-five-year-old April Price, of Bucyrus, admitted to violating the terms of her diversion program when she purchased three prescription pills on the street. Price’s agreement with the prosecution included five years on community control with no jail time and no new charges filed. Her guilty plea, which was being held until she successfully completed the diversion program, was entered on a fifth-degree felony for welfare fraud.
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Michael Blankenship may not have enjoyed the five years he spent in prison, but he is a vastly different man than he was before. The 27-year-old man lost 100 pounds and got healthy while behind bars for trafficking in drugs and tampering with evidence.
“Five years was a tough lesson,” said defense attorney Benjamin Kitzler.
A polite and subdued Blankenship indicated that he would like to continue with his physical activities, which he believed helped him immensely.
Leuthold commended Blankenship for finding a path that worked for him, but warned him of the perils if he failed on community control.
“You get out of prison, start using, drinking, slinging, God help you, I’ll send you back to prison so fast your head will spin,” Leuthold said.