Second hand defense goes up in smoke..

BUCYRUS—Nicholas Paynter, 28, of Bloomville, appeared in Crawford County Common Pleas Court on Wednesday for a full hearing on an alleged community control violation.

In 2020, Paynter pleaded guilty to one count of drug possession, a fifth-degree felony punishable with up to 12 months in prison. He was placed on five years of community control.

In February, he admitted to violating the terms and conditions of his community control when he tested positive for drugs. He was continued on community control at the discretion of his probation officer.

Paynter allegedly violated his community control in May when he submitted to a routine urine screen with positive results for meth and methamphetamines. Paynter denied the drug usage and refused to admit the allegation. The test was sent to a lab to be confirmed.

Assistant Prosecutor Ryan Hoovler called probation officer Jeremy Clay to the stand as his witness. Clay produced the terms and conditions of community control that Paynter signed and agreed to at the onset of his community control.

Clay testified that results from the lab were received on May 21st and indicated positive for methamphetamines. Clay then filed the violation charge on Paynter.

Defense attorney Tom Nicholson verified that Clay had given Paynter a break on the April violation.

Nicholson pointed out that a urine test is the least reliable test. He also asserted his client inhaled second-hand smoke.

“Isn’t it true that the test came back barely above the cut-off level?” Nicholson asked.

“Actually, the level on this test was twice the amount of the cut-off level.” Clay said.

Nicholson inferred that because of Paynter‘s past behavior, he held a grudge against his client.

Clay said he held no grudge and that with him, Paynter’s behavior had been consistent.

The state had no further witness. However, Nicholson called Paynter himself to testify.

According to Paynter, a friend was at his house and asked to use his bathroom and smoked. Paynter said he went into the bathroom, and it was full of smoke that he thought was THC. He admitted to inhaling the smoke when he went into the bathroom. It was right after that when he tested positive for methamphetamines.

Crawford County Common Pleas Court Judge Sean Leuthold found the state had proven its case by a preponderance of the evidence that Paynter had violated community control.

Leüthold then took sentence recommendations from the state and defense.

Assistant Prosecutor Ryan Hoovler argued that Paynter is unable to abide by the rules and regulations of community control. He asked the Judge to sentence Paynter to a flat eight months in prison.

Nicholson argued that his client had been making progress in handling his anxiety. He noted that Paynter, who at one time made 30 trips to the ER in a single month, was handling his anxiety much better. He said Paynter needed to take care of living arrangements for his wife. While he said he felt the state’s request was reasonable, Nicholson asked his client to be given another opportunity at community control.

Crawford County Common Pleas Court Judge Sean Leuthold sentenced Paynter to 8 months in prison. He will receive 148 days of jail time credit. Leuthold said he would not oppose transitional control if the prison requested it.