BUCYRUS — Robert Byrne Jr. appeared in Crawford County Common Pleas Court on Monday to plead guilty to several charges.
Charges include having weapons under disability, a third-degree felony punishable with up to 36 months in prison, burglary, a second-degree punishable with up to eight years in prison, theft, a third-degree felony punishable with up to 36 months in prison, theft, a fourth-degree felony punishable with up to 18 months in prison and breaking and entering, a fifth-degree felony punishable with up to one year in prison.
Byrne, 33, of Tiro, was the last of several defendants sentenced to prison in the case. The group broke into the home of a man who was out of town for an extended time and systematically dismantled the home. Several guns were taken in the burglary that have not been retrieved.
A plea deal between the state and the defendant’s attorney, Tom Nicholson, was accepted by Common Pleas Court Judge Sean Leuthold.
Byrne will serve nine months in prison on the weapons under disability conviction, two years on the burglary conviction, nine months on the third-degree felony theft, 11 months on the fourth-degree felony theft, and six months on the breaking and entering charge. Byrne will serve a total of 59 months in prison.
Nicholson addressed the court on behalf of his client.
“This was a very serious incident. Firearms were stolen that have never been recovered,” Nicholson said. “On my client’s behalf, I will say that he hired me. He did not use the taxpayer’s money for his defense. He has come here today to take responsibility for his actions.”
When asked if he had anything to say Byrne told the court this would never happen again.
“You took all this guy had and left him with nothing,” Leuthold told Byrne. “This was terrible, and I don’t think insurance will ever make this man whole again. Everyone in this case is doing around five years in prison. You are the last to go.”
Leuthold ordered restitution be made to the victim in an amount to be determined later. Byrne will receive 168 days of jail time credit.
In other court action, Courtney Davis, 21, of Galion appeared to answer for an alleged community control violation. Davis was placed on probation in April after pleading guilty to one count of possession of drugs, and one count of trafficking in drugs (both marijuana) each a fifth-degree felony and each punishable with up to 12 months in prison.
According to probation officer Mark Alspach, Davis tested positive for marijuana on August 30 and September 11.
Davis has a pending case with Crawford County Children’s Services because her baby tested positive for THC at birth.
When arguing bond for Davis, assistant prosecutor Ryan Hoovler told the court, “While I appreciate that the drug is marijuana, Ms. Davis contended that she only sold the drug to support her habit. She’s on community control for trafficking. More than likely she is selling again. And now there is an innocent child affected by her actions. The state would ask for a $25,000 bond.
Leuthold questioned Davis about her apparent altered state in court. Officer Alspach told the court he had tested her an hour previously and she had tested clean of drugs but provided a prescription for sub Oxone. Davis said she had taken one tablet a few minutes before entering court.
A frustrated Leuthold seemed about to place Davis in custody. He inquired of jail personnel as to the number of female inmates currently incarcerated. The deputy told the court he did not have a count of the number of females, but the total jail population was at 137 inmates.
Taking jail overcrowding into consideration, Leuthold gave Davis a personal recognizance bond, but gave Alspach test instruction.
“I want her tested daily and if she comes up positive, you take her into custody immediately, no exceptions,” Leuthold said. “I am also ordering no contact with any juveniles, including her own. She’s to have no contact with this child by my order. Inform Children’s Services that this is my order.”
Leuthold appointed Tani Eyer to represent Davis and ordered a date set for a full hearing on the community control violation.
Zachary Carroll, 24, of Crestline was sentenced on an amended charge. Carroll was originally charged with felonious assault a second-degree felony punishable with up to eight years in prison. The charge was reduced to aggravated assault, a fourth-degree felony punishable with up to 18 months in prison.
In a plea agreement, Carroll was placed on five years of community control. Carroll represented by attorney Patrick Murphy pleaded no contest to the charge. Leuthold reviewed police reports and photos of the victim’s injuries and found Carroll guilty of aggravated assault.
The victim was present in the courtroom but chose not to address the court. It was noted that she wished to have the protection order against Carroll continued and Leuthold so ordered.
Leuthold ordered Carroll to have an anger management assessment and follow-up treatment as needed He is to have no contact with the victim. Restitution for medical expenses are to be determined.
“I’m going to be frank with you. You are now on my community control in Crawford County with me. I don’t put up with any nonsense,” Leuthold said. “I cannot emphasize enough that you are to have absolutely no contact with the victim in this case. I don’t care if she reaches out to you. If you have contact, you’re the one going to prison. Heed my words, there is no circumstance in which you would have contact with this victim that you would not be in big trouble. There is only one person in the world that can allow you contact and that person is me.”