By Krystal Smalley
ksmalley@wbcowqel.com

Judge Sean Leuthold’s warning that offenders may get a second chance on probation but not a third or fourth chance is a common refrain in his courtroom. A man accused of violating probation found out just how serious the judge is about following community control regulations.

Scott Thompson Jr., 27, was released on judicial release in February 2014 after serving approximately two years of his four and one-half years prison sentence on two breaking and entering charges and one burglary case, all spanning from 2010 to 2012. Thompson kept a relatively clean community control record until he was cited by Galion police for allegedly driving a vehicle under suspension and operating a vehicle while intoxicated.

Thompson was found slumped over the wheel of his vehicle while parked in the parking lot of Speedway in Galion on May 23. Concerned citizens reportedly called the Galion Police Department when they though the person inside the car was dead. When police woke Thompson up, they reported a strong smell of alcohol coming from the man. Thompson admitted to having a few beers and an OVI test determined that he was under the influence of alcohol.

Assistant prosecutor Ryan Hoovler offered Thompson the remainder of his 54-month prison sentence and an additional six-month sentence if he admitted to the violations and pleaded guilty to a new charge of receiving stolen property. Thompson refused the offer.

Hoovler called Adult Parole Authority officer Mark Alspach to the stand to testify as a witness in the case. Alspach, a 19-year veteran with the APA, stated he had made Thompson aware of the conditions of his supervision and watched him sign the terms of conditions after Thompson pleaded guilty to the three charges back in 2012. Alspach added that Thompson violated the terms of his probation by not abiding by the local and state laws.

Thomas Nicholson, Thompson’s attorney, said they would not contest that Thompson had been driving while under a FRA suspension but did dispute that Thompson had been operating a vehicle while intoxicated. In a cross examination, Nicholson was able to get Alspach to testify that Thompson’s blood alcohol level was around .017, a level below Ohio’s mandated .08 BAC Nicholson pointed out. He added that Thompson did nothing illegal other than have two beers.

Leuthold found Thompson violated his community control by driving under suspension but did not find that he was in violation for OVI.

“This wasn’t just driving down the street, it wasn’t picking up the paper, it wasn’t rushing a child to the emergency room. It’s a situation where the defendant was passed out – to the point that people thought he was dead – in a parking lot. In my opinion that is a much more egregious form,” Leuthold said.

Thompson took a long moment to plead with Leuthold to not send him to prison, instead requesting a short county jail term and a treatment program.

“I need supervision. This is the longest time I’ve been out since I’ve been 20 years old,” Thompson told Leuthold.

After listening to Thompson’s plea, Leuthold warned him that he has had several opportunities to change his life.

“While normally driving under suspension would not be enough for me to put someone in prison – I’m not a fool,” Leuthold said. “I know why you were passed out. I don’t think anybody thinks you were just sleeping. I believe in second chances but I don’t believe in third, fourth, or fifth.”

Leuthold imposed the remainder of Thompson’s 54-month prison sentence and ordered him to be credited for time already served in prison and in the county jail.

“I hope you get straightened out,” Leuthold said to Thompson. “Bottom line is you don’t get to screw up on probation in my community. Everybody knows that. I’ll do what I have to do to protect the citizens in this community.”

Leuthold also sentenced Desiree Pierce to five years on community control and ordered her to pay $1,100 in restitution and a $750 fine. Pierce pleaded guilty to three counts of receiving stolen property on May 13. If she fails on community control, she could face a 36-month prison sentence.