BUCYRUS — Frederick Miller, currently housed at the Crawford County Jail appeared in Crawford County Common Pleas Court on Wednesday to plead guilty to violating the terms and conditions of his community control. Miller opted to have his attorney argue sentencing.
In 2017, Miller, 40, pleaded guilty to burglary and safecracking and was sentenced to three years in prison. He was first granted judicial release in October 2016 and then was charged in a new case of domestic violence, a third-degree felony punishable with up to three years in prison. Common Pleas Court Judge Sean Leuthold reimposed the three years in prison on the 2016 charge and added another three years on the new charge.
While in prison, Miller completed several programs and received certificates. He was granted judicial release on the new case in February.
According to probation officer Chris Heydinger, Miller gave a false statement to police resulting in falsification charges and was driving a vehicle while under suspension. He pleaded guilty to both charges in Municipal Court. One August 24, Miller tested positive for oxycodone and marijuana.
Assistant prosecutor Ryan Hoovler told the court, “I can’t say more than the history shows. He had many chances. At this point there should be no more chances for him. The State would ask for three years in prison.”
Miller’s attorney, Grant Garverick, told the court his client had admitted to his true identity and admitted to police he gave them a wrong name before the encounter was over.
“He fessed up and took responsibility. He has a severe shoulder injury and was in pain and decided to use. He’s been trying to see a doctor,” Garverick said.
Leuthold asked where Miller got the drugs. He told the judge he got them from a friend in Marion named Dave, but he did not know his last name.
“I have heard this hundreds of times. It was a good friend of mine, but I don’t know his last name,” Leuthold said. “It’s the same when we ask who they got the drugs from.”
Garverick said his client had been doing construction work and that he wanted to move to Chesapeake, Ohio with his mother and seek pain treatment. Garverick indicated that Miller’s mother and others were present in court to support Miller.
“I have given him three chances. He has violated three times,” Leuthold said. “Now he wants to move to another town? What indication is there that he can complete community control?”
Miller told the court he knew he had messed up in the past.
“I am throwing myself on the mercy of the court,” Miller said.
He noted he had enrolled in classes and started drug and alcohol counseling.
Miller’s mother told the court that her son had tried to get into a doctor for pain management but that the doctors won’t accept new patients at this time because of the pandemic. She said her doctor would take Miller on as a patient and that her landlord would hire him to work on houses.
“I will get him the help he needs but I can’t live here,” Mrs. Miller said.
Leuthold lauded her for making the trip and supporting her son.
“Look, Fred tells everyone a lot of things and then never does them,” Leuthold said. “He’s 40 and his Mom is up here to tell me that she can take him back with her and he will behave.
“People say that I put people in prison for drugs. What they don’t understand is the underlying crimes,” Leuthold continued. “He was in prison for burglary, safe cracking and domestic violence. Now we have him on oxycodone and smoking weed.”
Leuthold also heard from a construction company owner who told the court that Miller had worked for him off and on throughout his time in and out of prison. He told the court Miller had always been a good worker and never lied to him. He said he believed the drug use was a result of Miller being in severe pain.
Leuthold expressed thanks to both parties and said they had given him a lot to think about.
“However, at this point those remarks are not carrying the day with me. I will be honest; I am heavily leaning toward putting you back in prison, Fred. Don’t get your hopes up here,” Leuthold said.
Leuthold ordered Miller back to jail and said he wanted to take some additional time to review police reports, prison records, and the input of those who came to support Miller.
“I am not comfortable making my final decision today,” Leuthold said.
The case will be set for sentencing sometime within a week.
In other court news, Cody Gatchel, 25, of Bucyrus pleaded guilty to one count of possession of drugs, a fifth-degree felony punishable with up to one year in prison. Leuthold sentence Gatchel to five years of community control. He must complete a drug and alcohol assessment, and all follow up treatment.
Tijzen Johnson, 35, of Mansfield pleaded guilty to one count of improper handling of a firearm, a fourth-degree felony punishable with up to 18 months in prison and one count of possession of drugs, a fifth-degree felony punishable with up to one year in prison.
Due to Ohio sentencing regulations, the felonies must be combined and sentenced under the lowest felony, making Johnson ineligible for prison. Leuthold sentenced Johnson to five years of community control. He will forfeit $4500 in cash, two firearms, ammunition, and drugs.
Johnson indicated that he wanted to move back to Michigan. Leuthold warned Johnson to stay in Crawford County until the transfer to Michigan is completed by the probation department.
“Understand that if you violate your community control, no matter where you are, you will come back to see me and I will handle the case,” Leuthold said.
A man that was granted permission to go on a family vacation to North Carolina and ended up with assault charges and a positive drug screen while on community control in Crawford County learned his fate.
Gillus Riedel, 21, of Tiffin violated his community control due to the charges. He was placed on community control in 2019 after he pleaded guilty to two counts of possession of drugs, each fifth-degree felonies and each punishable with up to one year in prison.
During his initial appearance in Common Pleas Court, Riedel was wearing his souvenir sweatshirt from his vacation in Sunset Beach, North Carolina.
“How Shocking! I’ve never heard of anything like this,” Leuthold said. “Your family had a vacation planned, we allowed you to go on vacation and you get high and drunk and you assault people!”
Riedel’s attorney, Edwin Bibler, told the court the assault charges had been dropped in North Carolina.
“He still violated his community control in this county,” Leuthold said. “This one takes the cake. There’s no doubt about that.”
Leuthold sentenced Riedel to one year in prison on each count for a total of two years in prison. He will be eligible for judicial release in the future.