BUCYRUS — A Crestline woman learned her fate as she was sentenced to prison in Crawford County Common Pleas Court on Monday.
Rachel Kirk, 32, of Crestline pleaded guilty to three third-degree felony charges for endangering children, each punishable with as many as 36 months in prison.
Kirk appeared with her court-appointed attorney, Sebastian Berger. Crawford County Common Pleas Judge Sean Leuthold went through the charges with Kirk and became irritated with Kirk’s constant gum chewing during proceedings.
“I feel like a first-grade principal,” Leuthold said. “When you’re in front of a guy who could send you to prison for up to 108 months and you’re chewing gum in a fashion that makes it hard to understand you is troubling.”
Kirk removed the gum and apologized to the judge.
Kirk’s guilty plea was the result of a plea negotiation.
“We have three children here who all tested positive for drugs,” Leuthold said. “Harm was done to each child so consecutive sentences are appropriate. I’ll say it again; drug crimes are not victimless crimes. Here we have three innocent children who are affected because their parents were irresponsible.”
Leuthold sentenced Kirk to 24 months in prison for two counts of child endangering and nine months on the third charge for a total of 57 months in prison. Kirk is to have no contact with the children and will receive credit for jail time served.
Kirk will report to the Crawford County Sherriff’s Office on Jan. 15 to be transported to prison.
“If you are foolish enough to not show up, we will find you and you’ll do all the prison time,” Leuthold said.
In other court proceedings, Nikita Herod, 31, of Bucyrus will spend the next 12 months in prison after pleading guilty to one third-degree felony charge for tampering with evidence, punishable with as many as 36 months in prison; and one fifth-degree felony charge for receiving stolen property, punishable with as many as 12 months in prison.
In a negotiated plea, Herod was sentenced to 12 months in prison on the tampering with evidence charge and six months on the receiving stolen property charge. The sentences will be served concurrently for a total of 12 months in prison. Herod will receive 60 days of credit for jail time served. Leuthold said he would not oppose transitional control if the state requested it.
Tracy Baker, 39, of Galion pleaded guilty to violating the terms and conditions of her community control. In October, Baker was placed on community control after pleading guilty to one fifth-degree felony charge for possession of drugs, punishable with as many as 12 months in prison.
According to probation officer Mark Heydinger, on Oct. 21, probation officers from Richland County arrived in Galion to do a routine home visit. Baker hid from officers for 10 minutes and then lied to them and said she was not a felon. Baker also was found in possession of a syringe, amphetamines, methamphetamines and ecstasy. She also was found to be living with another felon. On Oct. 29, Baker was found in possession of ammunition for both a handgun and a rifle.
“You have pretty much violated every term and condition possible,” Leuthold said.
Leuthold sentenced Baker to 11 months in prison and reserved the right to oppose transitional control in Baker’s case.
Brittany Rose, 26, of Bucyrus appeared to answer for violating the terms and conditions of her community control. Rose was granted judicial release from prison Oct. 24.
According to probation officer Kylie Sinclair, on Nov. 19, Rose attempted to alter a drug test. When that failed, Rose tested positive for meth and methamphetamines.
Leuthold found probable cause to set a hearing on the allegations. Attorney Tom Nicholson was appointed to represent Rose. Bond was set at $75,000.
Assistant prosecutor Ryan Hoovler told the court a new third-degree felony charge for tampering with evidence, punishable with as many as 36 months in prison is forthcoming.