By Gary Ogle and Krystal Smalley
gogle@wbcowqel.com; ksmalley@wbcowqel.com
Although he avoided prison, a man Judge Sean Leuthold said is preying on female addicts crossed the line and will now spend one year in the county jail.
In previous court appearances, the judge has described 67-year-old Alan Swim as a “sugar daddy” who manipulates young, female heroin addicts by plying them with money for drugs in return for sexual favors.
Swim was back in Common Pleas Court on Monday and admitted to violating his probation by contacting his victim in an abduction case he was convicted of in December of 2015.
“Once again, everything I did . . . . I wasn’t trying to hurt anybody,” Swim told the court when it was time for sentencing.
The judge weighed in immediately and the tone of his voice left no doubt about his level of frustration or anger regarding Swim’s actions, accusing him of taking advantage of the most vulnerable people in the county.
“It infuriates me,” Leuthold said, his voice getting louder with every word. “Everyday . . . . trying to get people off of heroin and men like you are undermining everything we’ve tried to do.”
The judge explained on the record that Haley Walters was found at Swim’s house as a result of having overdosed on heroin and had to be revived by first responders.
It was Swim who called 9-1-1 when he discovered Walters.
“That is the one mitigating factor in your favor and it’s a big one,” Leuthold said. “I’ve thought about this case longer than any case I’ve had the last several months.”
Swim, who could have been sentenced to 36 months in prison on the underlying abduction conviction, was continued on probation with the provision that he spend one year in the county jail.
“When you get out, you’re not seeing Haley Walters or any other woman addicted to heroin,” the judge said. “You’re not helping them, you’re killing them.”
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Leuthold and assistant prosecutor Ryan Hoovler both agreed: Daniel Hoffman would be better off making good decisions in his future.
Twenty-three-year-old Hoffman, who pleaded guilty to improperly handling a firearm in a motor vehicle, was sentenced to five years on community control with the possibility of letting him off the program early.
“I’m frustrated. I don’t want to do this,” Leuthold told Hoffman.
The judge at one time believed that Hoffman would be an excellent candidate for diversion, a program Leuthold is known to dislike after so many have failed to complete it. Bad decisions by Hoffman, including harassing a police officer while out on a personal recognizance bond, were referred to by the judge.
“Good decisions will lead him to successfully completing probation,” Hoovler stated. “Stupid decisions will get him prison.”
“I want to let you off community control early. That’s my plan,” Leuthold said.
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Thirty-three-year-old Holly Dameron, of Galion, was sentenced to five years on community control, despite misgivings by Leuthold.
“All right, Ms. Dameron, you’re lucky,” Leuthold said. “I can’t put you in prison – I’m giving you community control.”
Dameron will have to enter into a drug and alcohol treatment program and must pay $2,080 in restitution to Citibank Security and $11,732.20 in restitution to Discover.
Dameron pleaded guilty to two counts of felony 5 theft in March.
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Kevin Hines immediately started off on the wrong foot with Leuthold, receiving a reprimand from the judge after barely taking his seat.
“You don’t get up and strut through my courtroom like you’re a tough guy,” Leuthold lectured.
He did not let up on the hard line, choosing to keep Hines in the county jail while the pre-sentence investigation was being completed after reading the details of his arrest. Hines was stopped by an officer for an active warrant. During that time, Hines threw torn-up lottery tickets over a fence, which Leuthold noted were typically used as bindles in the drug trade. He was Tasered by the officer.
The 38-year-old Bucyrus man pleaded guilty to drug possession, a fifth-degree felony, and resisting arrest, a second-degree misdemeanor. Leuthold sentenced Hines to five years on community control with a suspended-90 days spent in the county jail for resisting arrest. Hines must also enter into a drug and alcohol treatment program, pay a $1,250 fine, and forfeit drug-related property to the Bucyrus Police Department. His driver’s license was also suspended for six months.
Twenty-four-year-old Dehlen Hyden, of Bucyrus, was sentenced to five years on community control, fined $1,250, and ordered to pay $100 in restitution. Hyden pleaded guilty to breaking and entering, a fifth-degree felony, in March.
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Dakota Craft not only dealt with community control violation allegations, but he also had a new felony and a significant bond leveled against him.
Twenty-year-old Craft, of Galion, served 16 months in prison for second-degree felony burglary before receiving judicial release in February. At Craft’s judicial release hearing, Leuthold warned Craft that he was a lucky man to receive such an early release. That agreement had been overseen by former Common Pleas Court Judge Russell Wiseman.
Over a month later, Craft was brought before Leuthold on a new felony charge – unlawful sexual conduct with a minor – and probation violations, which included the sexual conduct and a positive urine test for marijuana. Craft allegedly engaged in sexual conduct with a 15-year-old minor on March 19.
Leuthold set bond at $500,000 and appointed Grant Garverick to the new case.
“I do believe a high bond is appropriate,” Leuthold stated.
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Thirty-two-year-old Jason Gernert, of Bucyrus, pleaded guilty to drug possession, a fifth-degree felony. The recommended sentence included five years on community control, entrance into the ISAT program, a six-month driver’s license suspension, and a $1,250 fine. Leuthold ordered a pre-sentence investigation and set a personal recognizance bond for Gernert, which will go into effect at noon on Wednesday.