BUCYRUS — Michael Weaver of Galion appeared in Crawford County Common Pleas Court Thursday to ask for a reduction of bond.
Weaver, 38, is being held in the Crawford County Jail on allegations of theft, a fourth-degree felony punishable with up to 18 months in prison. Weaver was on state supervised post release control when he was charged and has a remaining prison sentence of 934 days.
According to allegations, Weaver was working through a contractor to do repairs on an elderly Galion woman’s home. Items from the home were stolen from an area where Weaver was not supposed to be.
Weaver’s attorney, Edwin Bibler, argued that his client was a local resident with a need to support his family. Bibler noted that his client fully cooperated with the investigation and allowed police to search his house and vehicle with no stolen items being recovered.
Bibler’s said his client offered to have no contact with the victim and Bibler further argued that a low-level felony requires a bond that fairly balances the alleged crime with bond set. Weaver’s bond is currently set at $25,000. Bibler asked the court for a personal recognizance bond for his client.
Common Pleas Court Judge Sean Leuthold noted that the court’s victim’s advocate, James Scott, was present in court along with the victim. Scott told the court the victim is afraid for her safety if the defendant is released from jail.
“Mr. Scott, what are the items that were allegedly stolen?” Leuthold asked.
“Jewelry, computers, basically anything he could get his hands on,” Scott replied.
Leuthold reminded the court that these are allegations against Weaver, and he is innocent until proven guilty. Leuthold also relented on recent bond recommendations from the state.
“It’s always amazing to me that we are put in these situations. On one hand, the victim has every right to be present and a part of the process which is a great thing ,” Leuthold said. “But then, we are asked to reduce bonds based on certain factors. On one hand we must focus on the victim’s rights and on the other hand we are ordered to reduce bond when possible.”
Leuthold then denied Weaver’s reduction of bond.
“It bothers me when there are crimes against the elderly in our community. The allegations are strong ,” Leuthold said. “Mr. Weaver was on post release control from the state when he allegedly committed these crimes. I’m not going to increase the bond, but it will stay at $25,000.”
In other court action, Scotty Sharrock, 38, of Galion pleaded guilty to one count of possession of drugs, a fifth-degree felony punishable with up to one year in prison.
In a plea negotiation, Sharrock will serve a flat six months in prison. Leuthold said he would not oppose transitional control if the prison requests it.
Paul Kuhn, 35, of Ashland pleaded guilty to felony nonsupport, a fifth-degree felony punishable with up to one year in prison. Leuthold sentenced Kuhn to five years of community control and ordered him to pay his child support.
Michael Ponziani, 26, of Caledonia made a general admission to violating the terms of his intervention in lieu of conviction program. Ponziani admitted to moving without notifying his supervising officer and tested positive for marijuana while in the New Day treatment program in June and in August at a routine drug screen.
Leuthold terminated Ponziani and placed him on five years of community control because he is not prison eligible.
“You blew a good opportunity because you tested positive for weed. You don’t get to do that in ILC,” Leuthold said. “Now you can go to prison for 12 months if you mess up on community control. Please take this seriously. You were doing well but then went back to doing what you want to do instead of doing what you’re told to do. I wanted to see you complete this program. If you mess up again, this is all coming to a screeching halt. I don’t want to put you in prison because you would not do well in prison, but if I have to I will.”
James Rusk, 56, of Manula, Arkansas pleaded guilty to two counts of receiving stolen property, one count a fifth-degree felony punishable with up to one year in prison and one a fourth-degree felony punishable with up to 18 months in prison.
In a plea negotiation, Leuthold sentenced Rusk to six months in prison on each count to run concurrently for a total of six months in prison. Rusk will receive 16 days of jail time credit.
