By Krystal Smalley
ksmalley@wbcowqel.com

A Bucyrus woman contested probation allegations brought against her but her attorney’s argument wasn’t enough to keep her out of jail.

Twenty-year-old Natalee McIntyre appeared in Crawford County Common Pleas Court Thursday afternoon for a community control violation hearing. The Bucyrus woman was shy of two months on community control when her probation officer filed violations on her for failing to report to office visits as instructed and admitting to using heroin.

Adult Parole Authority officer Mark Stalter was called to the stand to testify on his interactions with McIntyre. Stalter stated that McIntyre was placed on supervision on Aug. 17. He reviewed the terms of conditions relating to community control with her and had her sign the documents that day. He met with her again in his office on Aug. 26, during which time he told her she would need to report back to him on Sept. 9.

Stalter said she never showed to her office visit for that date though he did receive a phone call from her late in the day. He made contact with her family at her apartment but never saw her again until after she was arrested.

Adult Parole Authority office Mark Alspach arrested McIntyre on Sept. 25 when she appeared in the probation offices early that morning. Alspach testified to speaking to McIntyre and finding a bench warrant for her arrest in her file. When he arrested her, Alspach said McIntyre informed him that she had been drug tested that day at Maryhaven and produced a negative test result. He added that she admitted to using heroin nine days prior.

McIntyre’s attorney, Thomas Nicholson, questioned Stalter on his interactions with his client, asking if she ever admitted to being scared of him or if he ever received a positive drug test for her while she was on probation. Stalter said no to both questions.

Nicholson also asked Alspach if there was any recording of his conversation with McIntyre on Sept. 25. Alspach said there was not.

Assistant prosecutor Ryan Hoovler pushed for an 18-month prison sentence for McIntyre, arguing that McIntyre was calling the probation officers liars and was not taking responsibility for messing up on community control.

“We enjoy when the prosecution exaggerates to that level,” Nicholson responded wryly. He added that the reason McIntyre didn’t appear for her office visits was because his client – who he described as a diminutive female – was scared of Stalter, a man who easily tops six feet.

After hearing from both the prosecution and the defense, Judge Sean Leuthold determined that there was at least one definitive violation for this case: failure to report to office visits as instructed.

“This court is not a fool,” Leuthold told McIntyre as he laid out what he believed to be the timeline for McIntyre’s behavior since August. He held that McIntyre began using drugs again after Aug. 26 and didn’t report to the scheduled visits because she knew her test would come up positive.

“Bottom line is you disappeared for a month – we don’t allow that,” Leuthold said. “When I sentenced you, we had a long talk about community control. I took the time to do that because community control is very strict now.”

Leuthold believed McIntyre was not amenable to community control and sentenced her to 17 months in prison with credit for time served in the county jail.

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Judge Leuthold stated he was not a fan of the intervention program and believed Megan Fox’s case was the perfect example of why he had that sentiment.

The 23-year-old Galion woman appeared in court for community control violations, which included using heroin, possessing drug paraphernalia, and failing to successfully complete her drug treatment program.

“I’m not a fan of that particular program and this is why,” Leuthold said, noting that Fox had been placed on intervention by the previous judge in April of 2014 but failed the program and was placed on community control just four months later.

“And now here we are again,” Leuthold said. “You have gotten a lot of chances here and squandered them . . . you’ve completely messed up this case as much as anybody could mess it up.”

Leuthold sentenced Fox to 10 months in prison and ordered her to forfeit seized property to the Crawford County Sheriff’s Office. He added that she must pay $3,000 in restitution, which had been a requirement under her original plea agreement but which she had never made a payment on.

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Twenty-five-year-old Finley Foust Jr. of Crestline was also sentenced to 10 months in prison after pleading guilty to drug possession. He received a six-month license suspension, a $1,250 mandatory drug fine, and forfeited drug-related property being held to the Galion Police Department.

Though only a fifth-degree felony, Foust qualified for prison due to having previous felonies on his record, including reckless homicide in 2006.

Fifty-four-year-old Mark Harper of Bucyrus pleaded guilty to a misdemeanor for sexual imposition and a third-degree felony for tampering with evidence. The assistant prosecutor recommended a 60-day sentence in the county jail for the misdemeanor, which was suspended, and required Harper to register as a Tier I sex offender for the next fifteen years. He will also be fined $500. Another count of gross sexual imposition, fourth-degree felony, will be dismissed.

Harper will serve five years on community control for tampering with evidence and will be required to complete recommended treatment from a sexual offender assessment.

Leuthold continued Harper’s bond and ordered a pre-sentence investigation. Harper will be sentenced at a later date.

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Even the judge was surprised when he decided the best course of action for Helenia Javens was intervention.

“I don’t do this very often. You’re the third person I’ve done this for since I took the bench,” Leuthold informed the 31-year-old Ashley, Ohio resident.

Leuthold sentenced another person to intervention just days ago in a case very similar to Javens’. Javens pleaded guilty to theft of drugs, a fourth-degree felony, and was placed on the two-year intervention program. A second count for theft of drugs was dismissed as part of her guilty plea, which will be held until she successfully completes intervention.

“This is a very good opportunity you’re getting,” Leuthold said. “So take advantage of it.”

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