By Krystal Smalley
ksmalley@wbcowqel.com
A return trip to prison was in store for one Crestline man Wednesday when he arrived in Crawford County Common Pleas Court.
Thirty-one-year-old Timothy Heefner II had pleaded guilty to a second-degree felony theft charge in March of 2013 and had been sentenced to four years in prison. Heefner didn’t spend long in prison before he was released. He returned to Common Pleas Court in August of 2014 for violating his community control but he was once again continued on probation.
It wasn’t long before Heefner ran into trouble with the law once again. He was arrested by Crestline police as a suspect in the robbery of the Crestline Shell gas station on Jan. 18 and on community control violations. Currently, no charges have been filed in connection to the Crestline Shell gas station robbery.
While in Common Pleas Court Tuesday Heefner admitted to changing his residence without permission, failing to report to his scheduled office visits, and failing to comply with the Medically-Assisted-Treatment drug court program. An additional charge that alleged Heefner took property from a Duke and Duchess gas station in Ontario was dismissed.
Judge Sean Leuthold ordered Heefner to serve the balance of his original four-year prison sentence.
Leuthold also had some words of wisdom for Katherine Swerlein before she left his courtroom Wednesday afternoon.
“I would urge you not to commit a third felony and come into my courtroom,” Leuthold told the 31-year-old Edison woman.
Swerlein had pleaded guilty to a charge of third-degree felony theft and had been sentenced to 16 months in prison. Leuthold backed the prison sentenced recommended by the state, citing that the incident involved a firearm while under community control in Crawford County for a felony.
Swerlein must pay a $750 fine and $550 in restitution. She was also unsuccessfully terminated from probation on her 2014 drug possession case.
Roger Denk did not hit it off well with Judge Leuthold. The 28-year-old Bucyrus man was immediately sentenced to 12 months in prison after he pleaded guilty to drug possession. Though it was only a fifth-degree felony, the offense was committed while Denk was on probation for a 2012 theft case.
“If you want to commit felonies you’re going to be punished accordingly,” Leuthold told Denk.
Denk will be credited for 26 days spent in the county jail. His driver’s license was suspended for six months and he must pay a $1,250 mandatory drug fine. Denk was also unsuccessfully terminated from his probation in the 2012 case.
Michael Hanlon Sr. had plenty of opportunity to get his affairs in order but once he was in Common Pleas Court, he had very little time to say goodbye.
The 37-year-old Galion man pleaded guilty to receiving stolen property, a fourth degree felony, and was sentenced to nine months in prison.
Assistant prosecuting attorney Ryan Hoovler explained that Hanlon had completed a prison sentence before and that history was one of the driving reasons behind the state recommending a prison sentence for this newest felony.
“Bottom line is that I’m going to follow the recommendation, which is half the maximum,” Judge Leuthold said, while noting that Hanlon had become emotional over the sentencing.
Leuthold also ordered Hanlon to pay a $1,250 fine and restitution in the amount of $1,402.82.
After sentencing, Leuthold ordered Hanlon to be immediately be handed over to the custody of the Crawford County Sheriff’s Office. Hanlon could be heard asking someone who was there to support him to “tell the boys that I love them.”
Myron Carroll was sentenced to nine months in prison after he admitted to violating the terms of his community control. The 51-year-old Bucyrus man admitted to being convicted of falsification in the Mansfield Municipal Court, failing to report to his scheduled office visits, and failing to inform his supervising officer of his address. He will receive credit for time served while in the county jail.
Carroll had originally pleaded guilty to vandalism in August of 2013 and had been placed on community control for three years.
James Comer admitted to violating his community control and was sentenced to seven months in prison, though there were questions about how much jail time the 34-year-old Crestline man would serve after he had been credited for time served in the county jail.
Comer had originally been placed on community control in January of 2013 after pleading guilty to receiving stolen property. That probation sentenced had been extended, however, to five years last November when Comer first violated his community control.
Eighteen-year-old Daniel Rosas of Bucyrus may have gotten off with just a community control sentence but Leuthold warned that it was only because he was bound by the laws of the state.
Rosas had been on intervention in lieu of conviction when he was charged with possessing drugs. As a result, Rosas guilty plea that had been held until he successfully completed intervention was submitted Wednesday afternoon. Rosas was found guilty of breaking and entering and ordered to serve five years on community control. A 12-month prison sentence is being held over Rosas’ head if he should fail community control.
“I’m not able to put you in prison right now. You’re not eligible,” Leuthold explained to Rosas.
Assistant prosecutor Hoovler echoed Leuthold’s explanation for the drug possession charge. “The circumstances of this – the only thing we can do is community control.”
Leuthold paused and shook his head in disgust before sentencing Rosas on his newest felony. “I will be blunt. If I could send you to prison I would,” Leuthold said. “You have two years of prison over your head. I will not hesitate to sentence you to prison for 24 months.”
Leuthold went on to sentence Rosas to another five years on community control for the drug possession charge. Rosas was also ordered to enter into a drug and alcohol treatment program and to forfeit any drug-related property held by the Bucyrus Police Department. His driver’s license was suspended for six months and he must pay a $1,250 mandatory drug fine.
Forty-two-year-old James Lewis of Bucyrus pleaded guilty to drug possession and received a five-year community control sentence. Lewis must also enter into a drug and alcohol treatment program approved by the Adult Parole Authority. His driver’s license was suspended for six months, he must pay a $1,250 mandatory drug fine, and he must forfeit any drug-related property being held to the Bucyrus Police Department.
Twenty-five-year-old Kara Burns of Galion and 25-year-old Melissa Johns of Galion were ordered to serve five years on community control. Burns had pleaded guilty to drug possession at an earlier hearing while Johns had pleaded guilty to permitting drug abuse. Both charges were fifth-degree felonies but were unrelated to each other. Burns and Johns were ordered to enter into a drug and alcohol treatment program and to forfeit any drug-related property being held to the Bucyrus Police Department. They must also each pay a $1,250 mandatory drug fine.
Thirty-six-year-old Jason Kitts of Galion had pleaded guilty to receiving stolen property in February and was sentenced to three years of community control Wednesday. In addition to his probation, Kitts must also pay a $750 fine and $302.54 in restitution. A 12-month prison sentence is hanging over Kitts’ head should he fail on community control.
Thirty-nine-year-old Tiffani Rodriguez of Bucyrus appeared on an initial hearing for community control violations. Rodriguez’s supervising officer alleged that Rodriguez’s urine had tested positive for cocaine and opiates on Feb. 17 and she had failed to comply with the MAT drug court program since Jan. 12.
Judge Leuthold set bond at $100,000.
Rodriguez had been on community control since March 27, 2014 after pleading guilty to possession of heroin.
