Nevada man sentenced to prison for 48 months – may be out early

A 36-year-old Nevada man was sentenced to 48 months in prison Wednesday as a result of violating probation, but he is likely to get out early.

By Gary Ogle and Krystal Smalley
gogle@wbcowqel.com; ksmalley@wbcowqel.com

A 36-year-old Nevada man was sentenced to 48 months in prison Wednesday as a result of violating probation, but he is likely to get out early.

Brian Auck admitted to being belligerent of law enforcement officers and consuming alcohol. Auck was convicted and placed on community control on a 2015 case for two counts of felony 4 drug trafficking and one count felony 5 drug possession.

Crawford County Common Pleas Court Judge Sean Leuthold sentenced Auck to maximum, consecutive sentences on the three original counts. However, the judge told the defendant he would look favorably at a motion for early release from prison, provided Auck had a good report in prison.

Twenty-nine-year-old Justin Carroll was also sentenced to prison after violating probation and also has the possibility of getting out early.

Carroll, who resides in Loudonville, admitted to allegations of failing to report as required to his probation officer from Ashland County and testing positive for opiates.

“You didn’t do well on community control, obviously,” the judge told Carroll.

Carroll originally pleaded guilty in a 2014 case to felony 5 drug possession. He was first placed into the intervention in lieu of conviction program and having failed to successfully complete that, placed on community control. Leuthold told him he would grant a motion for early release into a drug treatment program provided his time in prison was without incident.

“The next step is you go to prison for a long period of time,” Leuthold said.

The original plan for 39-year-old Lisa Grochowalski of Crestline was to have a change of plea hearing. Instead she ended up being sentenced to 30 days in the county jail for contempt of court.

Grochowalski was being held in the county jail on charges of felony 5 drug possession and two drug-related misdemeanors. However, Judge Leuthold was not pleased with the way she answered him when questioned, nor her attitude when the hearing began.

After warning her he did not have to accept the plea in a stern voice, the judge started the proceedings again but did not even get to the first question before he slammed the file on the bench, stood and yelled, “We’re done!”

Leuthold went on the record and stated, “I do not believe the defendant is taking this seriously.”

As Grochowalski was being escorted out of the courtroom in handcuffs, a loud bang could be heard as well as glass rattling in the courtroom door.

“Bring Ms. Grochowalski back in here,” the judge ordered.

Stating he had observed the defendant kicking the courtroom door and getting confirmation from the deputy who was escorting her, the judge found Grochowalski in contempt and ordered her to serve 30 days in the county jail consecutive to any other sentence she might receive.

Twenty-eight-year-old Cody Holt of Galion pleaded guilty to felony 5 drug trafficking. Holt was sentenced to five years on community control, but first ordered to spend 90 days in the county jail as part of his sentence.

“I catch you pushing heroin in this community again you will go to prison,” Leuthold said.

Holt was also fined $1,250. A drug treatment program is a special condition of his probation.

Twenty-one-year-old Kaleb Chester, of Bucyrus, was placed on community control for five years after he admitted to violating his intervention program. Chester solicited another to provide urine for a random drug screen and admitted to consuming alcohol.

Chester, who was not eligible for prison, must serve 75 days in the county jail and pay a $1,250 fine. Leuthold ordered a post-sentence investigation to determine what kind of treatment is needed for Chester once he is released from jail.

Two women were released from their prison sentences early on Wednesday, although the judge questioned the wisdom of the motion for early release from one of them.

Thirty-seven-year-old Jaclyn Fisher was sentenced to 12 months in prison last October following her conviction for felony 5 drug possession. Fisher was literally within days of being allowed to serve the remainder of her sentence in a halfway house as part of transitional control.

“You do understand what you are doing,” the judge asked Fisher. “I think this puts you in a more precarious position.”

After Fisher assured the judge early release is what she wanted, he granted the motion. Fisher was placed on community control for five years as a condition of the early release.

Tabitha McGlothlin was the other person released early. The 26-year-old McGlothlin was convicted of felony 4 domestic violence this past August and sentenced to 16 months in prison at that time.

As part of the conditions for her early release, McGlothlin was placed on five years of community control and ordered to have no contact with the victim.

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Jacob Morgan was granted judicial release after spending nine months in prison for felony 3 theft. Leuthold placed him on community control for three years.

Editor’s note: The age of Lisa Grochowalski was stated originally. It has since been corrected.