By Krystal Smalley
ksmalley@wbcowqel.com
Common Pleas Court Judge Sean Leuthold did not take kindly to the community control violations committed by a Bucyrus man just months after that man pleaded guilty to domestic violence.
Forty-nine-year-old Daniel Scales appeared in Common Pleas Court Thursday to deny the counts brought against him by his parole officer, Ken Dyer.
Scales had pleaded guilty to fourth-degree domestic violence on Sept. 25 and admitted to causing physical harm to two victims on May 15. He had been placed on community control for three years at the time.
Scales had been convicted of domestic violence at least once prior to that case. According to Adult Parole Authority officer Ken Dyer, Scales also had a lengthy felony record dating back to 1984, which included burglary, theft, and multiple cocaine possessions. His record also included instances of assault, resisting arrest, possession, and criminal damaging.
Scales had already been brought up on community control violations in November. Those involved multiple counts of physical assault, contact with the victim in his 2014 domestic violence case, and contact with that same victim after being given an order by Dyer to not have any interaction with her.
Dyer made another motion on Feb. 6 to add additional charges to his violations. Dyer alleged that on Nov. 16 Scales had attempted to hide from the Bucyrus Police Department, resisted arrest, and threatened to shoot Bucyrus police Captain Neil Assenheimer, Scales’ ex-girlfriend, and her daughter.
Leuthold heard testimony from Dyer, Assenheimer, and Bucyrus Patrolman Amos Wolfe. Dyer stated that he had reviewed the conditions of Scales’ community control with him, which included the specification handed down by now-retired Judge Russell Wiseman that Scales would not have contact with the victims in the case.
Patrolman Wolfe detailed responding to a disturbance call at Heritage Circle on Nov. 16. Wolfe had interviewed Scales’ ex-girlfriend, who stated that Scales showed up, fought with her, and punched her in the face before her daughter hit him in the head with a baseball bat. Wolfe did not find Scales at the time but returned later after Assenheimer was dispatched to the apartment complex on a report that Scales was in the area.
Assenheimer said he had stationed himself at the front door of the apartment adjoining the ex-girlfriend’s and spotted Scales inside. Though he identified himself, Assenheimer said it was at least five minutes before the apartment’s occupants brought Scales to the door to be arrested.
Both Wolfe and Assenheimer testified that Scales’ head had been wrapped up and he appeared to be intoxicated. When questioned by defense attorney Rolf Whitney, however, both officers stated that they had not been trained to identify a concussion nor did they choose to call an ambulance to have Scales checked.
“I would call a rescue squad of I deemed there was a need for a rescue squad,” argued Assenheimer.
Assenheimer transported Scales to the county jail where he was told to have Scales treated at the emergency room before being accepted into the jail. Scales was given a CT scan at the hospital and had staples put in the side of his head for his injury.
Assenheimer stated that Scales had made threats to him, Scales’ ex-girlfriend, and the girlfriend’s daughter, declaring that he wasn’t going to tolerate being arrested and would shoot them. Assenheimer added that Scales referenced Donald Hoffman, who killed four people in Bucyrus last year, by name and formed his hand in the shape of a gun.
Assistant prosecutor Ryan Hoovler argued they had three witnesses that left no question as to whether Scales had violated the terms of his condition.
Leuthold seemed to agree, citing that there was enough evidence to show that on Nov. 16 Scales had contact with the victim from the 2014 domestic violence case, he had threatened to shoot three people, and he had contact with that same victim after being order to have no contact.
“Community control is a privilege not a right,” Leuthold stated. “I will not tolerate people violating the terms and conditions of community control. I will not tolerate people harassing victims of violent crimes.”
Leuthold said Scales had violated the most important condition of his community control: having no contact with the victim in the case. He sentenced Scales to the maximum sentence of 15 months as per the plea agreement in September.