‘Tough cases’ put one woman in prison, another out

Crawford County Common Pleas Court Judge Sean Leuthold found himself wrestling over a final adjudication for what he described as “tough” cases on Thursday.

By Gary Ogle
gogle@wbcowqel.com

Crawford County Common Pleas Court Judge Sean Leuthold found himself wrestling over a final adjudication for what he described as “tough” cases on Thursday.

Thirty-four-year-old Sara Branham was back in court accused of violating her community control. Branham, who was convicted of fifth-degree felony drug possession in 2013, admitted she violated probation by failing to report as required and moving from an approved address without prior approval.

Assistant Prosecutor Ryan Hoovler and defense attorney Jeff Ratliff argued sentencing, however.

“She (Branham) has failed supervision numerous times and has been in prison. She got another chance after an overdose case and she went AWOL,” Hoovler said. “She had to be arrested. She had to be picked up on a warrant.”

Hoovler then asked the judge to sentence Branham to 11 months in prison.

Ratliff noted Branham had not committed another criminal violation, and pointed out several positive changes Branham had made and argued that Branham had turned herself in.

“She’s gone two years without any further violations,” Ratliff said. He asked for her community control to be extended, noting that it was originally to have been completed in April.

Branham herself spoke to the judge and said, “I did not report because I was scared. I’m just asking for your mercy. I’m asking to be put back on probation, sir.”

Leuthold, in his deliberations, couldn’t help but refer to Branham’s lengthy criminal record even as he conceded it was a “tough decision.”

“Colorful past, probably an understatement if there ever was one,” Leuthold started. “I’ve got a defendant who has failed miserably on community control, but has done reasonably well this time until this incident.”

The judge then sentenced her to the minimum seven months in prison.

“I think it is necessary because I don’t think she is a good candidate for community control.”

Meagan Rastetter celebrated her 28^th birthday a day late with a welcome return to court for a hearing on her motion for judicial release from a 48-month prison sentence. Rastetter was convicted earlier this year of illegal assembly or possession of illegal chemicals to manufacture drugs and second-degree felony illegal manufacture of drugs.

Rastetter was arrested along with co-defendant Nickolas Arrendondo in Plymouth in a meth lab bust.

Rastetter’s original plea agreement was that if she was given judicial release, she was to be placed in a CBCF facility for treatment. However, Rastetter’s mother was in court and through attorney Brad Starkey indicated that an appointment had been set up for her at Beacon House in Wooster, a residential treatment center that was not secure, but the city where her parents lived along with her children.

When the Assistant Prosecutor Hoovler objected over security concerns and deviation from the agreement, and the judge voiced his concerns given her short stay in prison, Rastetter was visibly upset and disappointed.

The judge immediately shared his ire in a raised voice.

“It’s clear you don’t do what’s best for you,” Leuthold said. “It’s time someone else does.”

The judge took a recess in the case and talked to the attorneys in his chamber before going back on the record.

“That’s not going to work,” the judge said regarding the unsecured Beacon House.

Leuthold ordered an assessment by Maryhaven and a review hearing in 30 days to go over that facility’s recommendation. He further ordered that Rastetter be released to her mother, placed on community control for five years with the stipulation that she successfully complete an approved drug and alcohol program.

“I know this may be a hardship on you now,” Leuthold said about the distance and travel required by his order. “But I would rather have the hardship now, rather than go the convenient route and regret it.”

In other proceedings on Thursday, Kara Ohler pleaded guilty to two counts of fourth-degree felony drug trafficking. Ohler’s bond was continued for a pre-sentence investigation.

“Now is the time to get yourself turned around,” Leuthold told her.

The recommended sentence is five years on community control with a $1,250 fine and six-month driver’s license suspension in addition to successful completion of an approved alcohol and drug program. The judge also told Ohler that pending the results of her pre-sentence investigation he would consider placing her in the court’s ISAT program.

Michael Moskus was formally sentenced Thursday with the judge noting he was not prison eligible for his conviction for fifth-degree felony permitting drug abuse and fifth-degree felony drug possession.

Moskus did receive the recommended sentence of five years on community control, mandatory fine and driver’s license suspension and completion of an approved drug and alcohol treatment program.

“Your record is not very good and indicated to me you have a hard time behaving yourself,” Leuthold said. “If there is a violation of community control and you come back in front of me, there’s a real chance you could go to prison for 24 months.”

Jacari Davison admitted to violating his diversion program requirements by failing to report, or pay court costs including the cost of his supervision.

As a result, Davison’s placement in the diversion program was revoked and his guilty to plea to receiving stolen property accepted. He was placed on community control for five years and ordered to pay restitution of $300.

“I don’t want to put you in prison,” the judge told Davison. “But I will if you force my hand.”

Two brothers were arraigned on different charges in unrelated cases.

Ronnie Carroll is charged with fifth-degree felony forgery. He was released on a personal recognizance bond.

Lonnie Carroll was arraigned on a charge of felony non-support. He too was released on a personal recognizance bond and appointed attorney Joel Spitzer to represent him.