By Gary Ogle
gogle@wbcowqel.com
A 26-year-old Galion woman didn’t get the proverbial “another chance” she wanted Monday morning, but she might be home for Christmas. Melissa Johns was charged with violating probation due to a drug test that was positive for opiates and keeping company with convicted felons.
Johns, who was convicted in March of this year of permitting drug abuse, contested the allegations which resulted in a full hearing Monday morning in front of Common Pleas Court Judge Sean Leuthold. Assistant Prosecutor Ryan Hoovler called ADA Officer Mark Alspach as his only witness.
Alspach testified that he and other officers went to Johns’ home unannounced as a result of a phone call he had received claiming that her home on Dawsett Avenue in Galion was the source of a lot of drug activity in the area. Johns was not home when Aslpach and the others arrived, but Patrick Thompson Sr. did answer the door.
Thompson has an extensive felony record in Crawford County including a conviction for drug trafficking in 2010.
According to Alspach, Thompson told the officers that Johns was out of town for a medical procedure. Johns was located at her mother’s and given a drug test which showed positive for opiates.
At Monday’s trial Johns produced a document from a physician’s office that indicated she was prescribed and given fentanyl that day as a result of the medical procedure she had done. However, Johns did concede that Thompson, who she claimed was at her home to visit a friend of hers, had frequented her home.
Under questioning by her attorney, Brian Gernert, Johns also testified she had never tested positive before on a drug test for Alspach during her eight months on probation. She also testified as to her involvement in a drug and alcohol program with suboxone, noting she passed all drug tests there. Johns also laid out her faithfulness in attending other counseling sessions required by her probation.
Hoovler argued in closing that the pattern of Johns having felons with drug-related convictions in her home and claiming ignorance as to activities there was the same leading up to her original conviction.
“I think the pattern is pretty clear. You have to take it seriously,” Hoovler said. As far as her record of passing drug screens, he added, “You can’t do it nine out of 10 times, you have to do it 10 out of 10 times.”
Hoovler asked for the judge to impose a prison sentence.
Gernert countered by admitting that Johns was technically in violation of her probation, but focused on all the positive things he said Johns had done. Gernert asked that the judge consider alternatives other than the “final solution of prison.”
Leuthold dismissed the allegation of the positive drug test, but found Johns guilty of violating probation because of being in the company of convicted felons, specifically referencing Thompson.
“The fact he is in her home is frightening,” Leuthold said, surmising that drug activity was likely going on at the home given Thompson’s presence and the ADA officers finding drug paraphernalia there during their search. “Why are all these felons hanging out at the defendant’s house? To get advice on counseling?”
Leuthold sentenced Johns to 12 months in prison, but offered her the caveat that he would consider a motion for judicial release after she served 30 days of that sentence, pointing out she could still be home for Christmas.
However, he wasn’t done reprimanding Johns and let her know in no uncertain terms he wasn’t buying her story that Thompson was only there to see a friend.
“This court needs to make the defendant understand how serious this is. We both know what was going on here. The bottom line is I’m giving you one last chance,” Leuthold said. “What would you and Patrick Thompson have to talk about? The presidential election? Charity work? The only thing you could have been talking to Patrick Thompson about is drugs and crime. This court is not foolish.”
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In other unrelated hearings Monday mornings, six people were sentenced to community control for various felony convictions.
Danielle Gaston, one of four people arrested after counterfeit bills were used at Wal-Mart, was sentenced to five years on community control with the stipulation she spend the first 60 days of that term in the county jail. Gaston was charged with and convicted of felony forgery.
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Nathan Rickett was sentenced to five years of community control as a result of his conviction to felony drug possession. Rickett must spend 60 days in the county jail, complete approved alcohol and drug treatment and forfeit drug-related items to authorities. He was also fined $1,250.
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Gregory Brown was sentenced to one year on community control for third-degree felony having weapons under disability. Brown was also ordered to serve 39 days in jail, which he had already done, complete alcohol and drug treatment and forfeit the firearm in question to authorities.
Quentin Jenkins was sentenced to five years of community control for the fifth-degree felony of possessing a dangerous ordinance. Jenkins was also ordered to surrender the shotgun in question and all drug-related paraphernalia to authorities.
Thomas Kouns was sentenced to five years of community control on his conviction of permitting drug abuse. Kouns must also complete approved drug and alcohol treatment and was fined $1,250. He was ordered to forfeit all drug-related items seized by police at the time of his arrest.
Daniel Drew was sentenced to five years of community control for fourth-degree felony theft and ordered to complete approved drug and alcohol treatment.
Heath Davis pleaded guilty to one count of felony theft and three counts of misuse of a credit card, each a fifth-degree felony. A pre-sentence investigation was ordered with the recommended sentence being five years of community control with the first 90 days in the county jail, a $750 fine and restitution to the victim of $337. 56.
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Zachary Carroll was arraigned on a charge of second-degree felonious assault. Carroll pleaded not guilty. The judge set bond at $150,000 and appointed Sebastian Berger to represent Carroll.