BUCYRUS — A former corrections officer was sentenced Tuesday in Crawford County Common Pleas Court for falsification, a first-degree misdemeanor punishable with up to 180 days in jail and a fine of $1000.
Jason Tupps, 45, of Galion was found not guilty in a recent jury trial of holding a motorist at gunpoint in July 2018 and threatening to shoot her. The incident led to multiple charges against Tupps including improper handling of a firearm, abduction, driving under the influence of alcohol, using weapons while intoxicated, aggravated menacing, and assured clear distance ahead. A jury of three women and nine men found Tupps guilty only of falsification, the first-degree misdemeanor.
Visiting Judge Robert Pollex asked for statements from both the defense and prosecution before he pronounced sentence on Tupps.
Defense attorney, James Mayer III spoke on behalf of his client. Mayer outlined several facts regarding the long and winding case that lasted 26 months. Meyer told the court that he would not outline the details of a long four-day trial but pointed out that his client had stood trial and not pleaded to any charges.
Mayer told the court that Tupps had been married about four weeks when the incident occurred and that his wife, as well as his family, had stood by him, offering support. He further asserted that the experience had been grueling for his client who is a lifetime resident of Crawford County and enjoyed a particularly good reputation as well as a long career with the sheriff’s department.
Mayer said that due to media coverage of the events, many of which reached him before he was on the case, Tupps was convicted in the court of public opinion.
“His reputation has taken an irreparable hit,” Mayer said.
Mayer pointed out that Tupps had posted bond, then had a slip up, testing positive for alcohol.
“He was taken into custody on December 19 and spent the Christmas and New Year’s holidays in jail,” Mayer said.
“This was a man who took great pride in his job and this hurt him significantly. He is disgraced,” Mayer continued. “He holds a CDL and is looking for employment. The attention of this case has hurt his ability to find good work. The consequences of this conviction have been immense. We ask the court for jail time served and whatever fine the court assesses.”
Special Prosecutor Margaret Tomaro was most passionate about the harm the continued delays in the case as well as the verdict had caused the victim.
“Mr. Tupps right to a speedy trial was not denied,” Tomaro said. “The victim suffered while waiting for justice that she feels she did not get.”
Tomaro pointed out that Tupps was a sworn deputy who lied to make it look like the victim had committed a crime. Tomaro asserted that this could happen again with Tupps.
“She (the victim) is still suffering because he is not behind bars. She doesn’t trust the system,” Tomaro said.
Tomaro read a statement from the Dickman family saying that Abbey Dickman is in intense therapy and suffers from anxiety and nightmares. The family said they are forced to accept the jury’s decision but asked for the maximum jail time, “not just for Abbey but for all of Crawford County,” the statement said.
Pollex noted that the court is limited in sentencing to just the charge of falsification for which a jury convicted Tupps. Pollex said he had listened to both the state and the defense as well as victim statements in the case and had reviewed all the material presented. Tupps declined to make a comment.
Pollex sentenced Tupps to 120 days in jail, with 21 days credit for the time he served on the probation violation. Pollex ordered Tupps to participate in the three-day Driver Intervention Program and upon completion of that he would suspend another 54 days of jail time. Tupps will serve an additional 45 days in jail.
At the request of the defense, Pollex granted Tupps a report date of November 15 so he would be able to attend his son’s graduation from Ranger School out of state. He fined Tupps $400 and court costs. The Crawford County Probation Department will assist in arranging jail housing for Tupps outside of Crawford County.
In other court news, a final pre-trial scheduled to go forward for Brittany Miller did not take place. Miller, 29, of Galion is charged with one count of complicity, a third-degree felony punishable with up to three years in prison and one count of theft, a fourth-degree felony punishable with up to 18 months in prison.
Miller is accused of conspiring with Megan Futchi, 33, of Cleveland in connection with the Tupps case. Futchi and Miller allegedly hatched a plan to extort money from Tupps’ parents. Futchi was given $4000 to provide information against Galion police officers involved in the case. Miller and Futchi met when Miller found out that Futchi was expecting a baby with her baby’s father, attorney Adam Stone.
Futchi pleaded guilty to charges and received intervention in lieu of conviction with the conditions that she paid back the money she got from Tupps’ parents and testified for the state at the trial. Futchi testified at trial but was uncooperative and did not testify to information she provided to the state in a proffer. She was declared a hostile witness.
Miller was offered the same plea negotiation as Futchi but turned the deal down and decided to move forward to trial. She is represented by attorney Joel Spitzer. Crawford County Now will continue to provide updates on the Miller case.