By Krystal Smalley
ksmalley@wbcowqel.com
Sometimes the first offer is the best one, especially when first-degree felonies are waiting in the wings to be indicted.
The Crawford County prosecutor’s office offered 31-year-old Andrew Klein of Galion four years in prison in exchange for his guilty plea to two counts of drug possession and one count of receiving stolen property. Klein apparently had every intention on following through on his refusal until Judge Sean Leuthold explained that additional first-degree felony charges could be brought against him should he refuse the offer that would expire by the end of the day.
After considering his options, Klein chose to go forward with his guilty plea. He was sentence to six months in prison for the felony five drug possession, six months for the felony five receiving stolen property, and 36 months for the felony three drug possession. The sentences will be served consecutively for a total of 48 months in prison.
Klein had been in prison before, once in 2005 for drug possession and again in 2009 for aggravated vehicular homicide.
“Mr. Klein, I don’t know what to say to you,” Leuthold said. “Your irresponsible behavior has caused tremendous sorrow to the world.”
Leuthold added that Klein had made no attempt to bounce back from his aggravated vehicular homicide felony.
“I can assure you this is not the county to come back to to commit a felony,” Leuthold said. “Drug dealing and thieving – I’m not going to tolerate it.”
A repeat domestic violence offender will be spending three years in prison for his newest felony.
Thirty-one-year-old Dereck Hensley of Galion pleaded guilty to felony three domestic violence and received the maximum sentence he could get. Leuthold ordered Hensley to serve 36 months in prison though he will be credited for the 12 days he had spent in the county jail. Hensley must also pay a $750 fine and have no contact with the victim.
“Anything less would demean the seriousness of the crime,” Leuthold stated.
“It has been several years since Mr. Hensley got in trouble,” said Hensley’s attorney, Adam Stone. “Mr. Hensley is taking complete responsibility of his actions.”
Hensley, during an opportunity to speak on his own behalf, said he was sorry it had happened that way. He said he had been trying to be an upstanding citizen after serving time for two domestic violence charges in 2005 and a burglary charge in 2009.
“This is not how an upstanding citizen behaves. We both know that,” Leuthold told Hensley.
Twenty-six-year-old Robert Belt was sentenced to eight months in prison after he admitted to violating his probation. In 2013 Belt had attempted to cause physical harm to a victim in Norwalk, failed to report to his supervising officer, and failed to keep his supervising officer advised of his residence. Belt’s eight-month sentence will be served consecutively with his current sentence.
Matthew Maag was on his best behavior as he pleaded guilty to drug possession Thursday. Maag, who had been held in contempt on Feb. 23 after cursing Leuthold, will have to serve a few months in jail before he can get started on his community control sentence.
“Your behavior has not been good,” Leuthold said. “In fact, it’s been the opposite in this case.”
Leuthold had been referring to Maag not only cursing him but also showing up to his original community control hearing high. The judge, who called Maag’s behavior irresponsible and disrespectful, said it was those reasons that Maag would be spending some time in the county jail.
Maag had been sentenced to community control for five years though he must serve the first 60 days in the county jail, a sentence which will be served consecutively to his 30-day contempt sentence. He must also enter into a drug and alcohol treatment program and forfeit drug-related property being held to the Galion Police Department. His driver’s license was suspended for six months and he must pay a $1,250 mandatory drug fine.
“You have a felony record as of today. I’m not going to be hamstrung by the Ohio Revised Code,” Leuthold said, referring to Maag’s eligibility for future prison sentences. “If you commit a felony you are subject to a prison sentence.”
Samuel Bowersox pleaded guilty to a bill of information for possession of drugs. Bowersox admitted to possession morphine on March 15. Judge Leuthold ordered a pre-sentence investigation and released Bowersox on a personal recognizance bond. Bowersox is expected to receive community control at his sentencing hearing.
A drug and alcohol assessment was ordered for 33-year-old Jesse Rittenberry of Bucyrus in preparation for him to enter the court’s intervention in lieu of conviction program. Rittenberry has been charged with drug possession.
Judge Leuthold revoked 22-year-old Sheree Pfeifer’s personal recognizance bond and issued a $150,000 bond instead. The state requested that her personal recognizance bond be revoked after Pfeifer failed to show to her status hearing on March 16 and refused to submit to a drug test in jail. When Leuthold gave Pfeifer another chance to submit to a drug test on Wednesday, she declined to submit to one and Leuthold issued the new bond.