By Krystal Smalley
ksmalley@wbcowqel.com
Judge Sean Leuthold sentenced an Army veteran to two years in prison, but held himself partially to blame when an earlier order was not followed.
Leuthold felt he gave 28-year-old Dustin Lowe, a four-year veteran in the Army National Guard artillery division who competed a nine-month tour in Afghanistan, the tools he needed to succeed in June. Lowe, who pleaded guilty to two counts of drug possession, received five years on community control.
At the time of the June hearing, Leuthold spoke to Lowe’s mother and step-brother and instructed them to take Lowe to a neurologist in order to determine if he had post-traumatic stress disorder (PTSD) or a traumatic brain injury.
By the time Lowe returned to Crawford County Common Pleas Court for a sentencing hearing Monday afternoon, he had been charged with operating a vehicle while intoxicated and having a blood alcohol level of .13. His family also did not take Lowe to see a doctor, a matter which infuriated Leuthold.
“I want to explain to everyone in this courtroom that I’m not pleased,” Leuthold began. “I thought he was a young man who came back from serving our country and suffered from PTSD and possibly a traumatic brain injury.”
Leuthold stated that he let Lowe out for a specific reason: for his family to take him to see a doctor.
“I was assured by family members that was going to happen,” Leuthold said angrily as Lowe confirmed that did not happen.
Assistant prosecutor Ryan Hoovler noted that Lowe was now prison eligible and said the agreed sentence was for 24 months in prison, but the prosecutor’s office would recommend early release after 30 days.
“I apologize to you, Your Honor, and the court for making stupid decisions,” Lowe said. When Leuthold asked Lowe what he was thinking the night the incident occurred, Lowe took a deep breath, his shoulders rising and falling with the motion, and answered the judge haltingly.
“Honestly, Your Honor, I wasn’t thinking,” Lowe explained. He said he agreed to be a designated driver for some people, but had a few drinks that night.
Leuthold sentenced Lowe to 24 months in prison, fined him $1,250, and suspended his driver’s license for six months. He also informed Lowe he would consider release after 30 days if Lowe behaved while in prison.
With Leuthold and Lowe both being burned by unrealized promises the first time around, the judge informed Lowe that he would be taking matters into his own hands once Lowe was released from prison.
“I relied on your family to do some things and that was my fault,” Leuthold said. “I won’t rely on your family or anyone else, but I have to rely on you.”
When Leuthold asked Lowe what he wanted to do with his life, Lowe said he wanted to get it back on track. Leuthold took him at his word, but warned Lowe he would drag him “kicking and screaming back to sobriety” if that is what it took.
“Do you want to do that?” Leuthold demanded in a loud voice.
“Absolutely, Your Honor,” Lowe responded, a hint of his military background coming out in the words.
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Thirty-year-old Randall Flick, of Canton, pleaded guilty to felony 5 drug possession. His 
sentence included 12 months in prison, a $1,250 fine, a six-month driver’s license suspension, and forfeiture of drug-related property to the Galion Police Department.
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Two people were granted judicial release Monday afternoon.
Zachariah Spade said “he wasted a year of his life and doesn’t want to waste anymore,” reported attorney Terry Gernert.
Spade, who pleaded guilty to felony 2 burglary last September, was granted judicial release after serving nearly a year of his four-year prison sentence. He was placed on community control for five years.
“You may be out, but you’re not free to do whatever you want,” Leuthold told Spade as he warned him about violating his community control.
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Twenty-four-year-old David Sousa provided Leuthold with numerous certificates from programs he completed while in prison, which the judge credited him for taking the initiative. Leuthold granted the judicial release motion and placed Sousa on community control for five years with the special condition that Sousa complete a drug and alcohol assessment.
Sousa pleaded guilty to two fifth-degree felony charges, breaking and entering and forgery, in April and received a 12-month prison sentence.
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Joshua Blankenship’s case will be heading to trial. The 38-year-old Bucyrus man rejected a plea offer that included seven months in prison, though Blankenship would technically only serve five months after jail-time credit was applied.
Leuthold warned Blankenship that he was eligible for prison due to being convicted of drug possession last year and serving seven months in prison. The judge added that the prosecution could ask for the maximum penalty of 12 months, which did not seem to dissuade Blankenship from his course.
The matter is expected to be set for a jury trial. Blankenship has been charged with felony 5 drug possession.