By Krystal Smalley
ksmalley@wbcowqel.com
Three people are heading to prison after a day in Crawford County Common Pleas Court while a fourth will be staying in prison a little bit longer.
Fifty-four-year-old Darrell Hall, of Shelby, received the longest sentence of the day. Hall admitted to violating his community control when he consumed alcohol. As a result, he was sentenced to 11 months in prison.
Though Hall seemed to accept his fate, he became emotional as he talked about his elderly mother, who was in the hospital. He feared that he would not see her again if he went to prison right away.
“I don’t give furloughs for felonies – that’s a head start,” Judge Sean Leuthold stated.
He did not let up on the man who had been convicted of felony four driving under the influence in 2014.
“Do you realize how many times you had to drink and drive to get a felony?” Leuthold demanded. “That’s the one thing you’re not supposed to do is get drunk.”
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Joshua Albright’s recent visit to Common Pleas Court left Leuthold shaking his head in dismay.
“Josh, I’m just throwing up my hands,” Leuthold told the 21-year-old Bucyrus man. “I’ve watched you go through Muni Court committing crime after crime after crime. I don’t know what to do.”
Leuthold had very little confidence in Albright when he sentenced the young man to community control in February for drug possession. At the time, Leuthold bet that Albright would not make it past 90 days before getting in trouble.
Albright admitted Monday to using Vicodin and having a drug screen that indicated his urine was diluted. He received eight months in prison for the probation violations.
As Albright sat hunched in his seat, Leuthold ordered him to turn around and look at his mother, who was sitting in the audience, hand covering her mouth and tears running down her face.
“You did it to yourself; you did it to your family,” Leuthold stated. “I hardly have any faith in you anymore. Every time you get a break you squander it.
“You can’t get your act together after going to prison, I don’t think it’s ever going to happen,” Leuthold added before dismissing Albright from the courtroom.
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Twenty-five-year-old Maria Thompson, of Mansfield, pleaded guilty to drug possession, a fifth-degree felony, and received an eight-month prison sentence. Her driver’s license was also suspended for six months and she must pay a $1,250 fine.
“Bottom line is you’re going to prison,” Leuthold said. “It’s going to be very tough to stay out of prison if you keep committing felonies.”
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Nathan Brady has only served three years on his four-year prison sentence, but he believed his actions warranted an early release. The prosecutor’s office and the judge were not on the same page.
Thirty-six-year-old Brady pleaded guilty in 2013 to felony 1 engaging in a pattern of corrupt activity and felony 2 trafficking in drugs. His agreed-to sentence included eight years in prison under former Judge Russell Wiseman, but Brady could be released to community control after four years.
This was Brady’s third motion for judicial release, a matter which the prosecutor’s office has been against each time.
“I understand what I was out there doing was wrong,” Brady admitted. He countered that by saying that, while in prison, he received his GED and was participating in Alcoholics Anonymous and Narcotics Anonymous.
“I was just at a bad time in my life,” Brady added. “I don’t feel I’m at there now.”
Assistant prosecutor Ryan Hoovler acknowledged Brady’s accomplishments while in prison, but he argued that Brady received his break when he didn’t receive a higher prison sentence three years ago. The two charges carried a total of 19 years in prison.
“I’m not prepared to go against the agreed-to sentence before the four years are up,” Hoovler stated.
Before making a ruling on the motion, Leuthold took the opportunity to review Brady’s post-sentence investigation, making the occasional sound of surprise, shaking his head, or raising his eyebrows as he did so.
“Your record is arguably one of the worst I’ve ever seen,” Leuthold said. Quickly skimming Brady’s adult record, Leuthold noted two felonious assaults, three breaking and entering charges, criminal damaging, domestic violence, and theft. He also pointed to facts in the 2013 case, which stated that Brady was selling 300 balloons of heroin each week for the four to five months leading up to his arrest.
“What the heck would you think I would sentence you to if you were in front of me with these facts?” Leuthold asked Brady before answering his own question. “Ten to 15 years. Period.
“There’s no way in hell I’m letting you out early,” he added. “You should thank your stars every day that this is the sentence you got.”
Leuthold complimented Brady for realizing what he was doing wrong, but denied the motion for judicial release.
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Samantha Wilson pleaded guilty to criminal non-support, a fifth-degree felony. After a pre-sentence investigation is completed, the 32-year-old Shelby woman is expected to be placed on community control for five years and ordered to pay her child support, which amounted to $13,625 near the beginning of the year.
Leuthold did not let her go without a light reprimand. Noting that she had the name of her son tattooed on her arm, the judge reminded her that the child would probably wish to have the support payments rather than a tattoo on his mother’s arm.
“It’s easy to get a tattoo; it’s hard to be a parent,” Leuthold said.
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Three people were brought before Leuthold on initial community control violation hearings.
Twenty-one-year-old Zachariah Zacharzuk, of Galion, allegedly possessed drug abuse instruments and heroin and refused to submit to a drug screen on May 16. Leuthold set bond at $100,000 and appointed Brad Starkey as the defense counsel. Zacharzuk had been on community control since last July for drug possession.
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Marion resident Sierra Giles also received a $100,000 bond when allegations were made that she made a false statement to the Bucyrus Police Department regarding her identity, was found in a vehicle with a convicted felon, and tested positive for cocaine. Grant Garverick was appointed as her attorney. Giles pleaded guilty to interference with the operation of a train, a fourth-degree felony, in 2014 and received community control.
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Fifty-three-year-old Douglas Swart, of Bucyrus, allegedly failed to provide a prescription for medication as ordered by his parole officer and tested positive for opiates on two occasions. Leuthold appointed Geoffrey Stoll as Swart’s attorney and released him on a personal recognizance bond. Swart had been placed on community control last July for drug possession.
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