By Gary Ogle and Krystal Smalley
gogle@wbcowqel.com; ksmalley@wbcowqel.com
Judge Sean Leuthold sentenced four people to prison on Monday. All four are repeat offenders who violated probation and in some cases faced new charges.
The judge clearly believed that 39-year-old Nicole Britt was a danger to the public at her probation violation hearing on May 4 and it seemed that little had changed his mind two weeks later.
Leuthold sentenced Britt to 12 months in prison for drug possession and imposed a 36-month prison sentence for her probation violations. The sentences will be served concurrently and she will receive credit for time served on the original 36-month sentence.
Britt had been arrested in 2012 for drug possession and admitted to shooting heroin and nodding off while driving, which caused an accident. Similar circumstances allegedly happened again on April 29 when she was found in possession of drug paraphernalia, was cited for driving under an FRA suspension, and tested positive for opiates and Oxycodone. She denied the most recent allegations on May 4 and claimed her actions were a suicide attempt.
Leuthold suspended Britt’s driver’s license for six months, ordered her to pay a $1,250 mandatory drug fine, and to forfeit drug-related property to the Galion Police Department.
“I don’t think there’s any doubt that I did everything in my power to help you,” Leuthold said as he rubbed his brow tiredly. “It just didn’t work . . . it’s absolutely frustrating.”
Tyler Waldbauer’s recent unruly behavior kept court officials poised to react Monday afternoon but there was little fanfare as the 20-year-old Galion man was sentenced to a two-year prison sentence.
Waldbauer pleaded guilty to duty to register and retaliation, a fourth-degree and third degree felony, respectively. Waldbauer received the maximum 18-month prison sentence for the fourth-degree felony and collected a 24-month prison sentence for the third-degree felony. The two prison sentences will be served concurrently for a total of 24 months.
Waldbauer also admitted to violating the terms of his community control on a 2014 case. He confessed to having contact with a 14-year-old female, testing positive for marijuana, and changing his address without notice. Waldbauer was sentenced to 18 months in prison, which will be consecutive to his earlier guilty pleas. After he serves his prison sentence, Waldbauer will be placed on post-release control for five years.
Nicholas Saunders admitted to violating probation resulting from two previous convictions and was sentenced to 36 months in one case involving theft and 12 months in another case involving drug possession. Those sentences will run concurrently.
“You’ve had chances,” Leuthold told Saunders. “”You’ve done nothing with them and now there’s nothing left but prison.”
Louis Kimerlin was sentenced to 10 months in prison for violating his probation stemming from a 2013 theft conviction.
Ashlee Treisch’s fate will be in the hands of Leuthold the next time she appears in front of him. Treisch, 29, pleaded guilty to a fifth-degree felony forgery charge in Common Pleas Court Monday. The defense and prosecution could not come to an agreed upon sentence, however, which means Treisch’s sentencing will come after both attorneys argue for their respective sides. Judge Leuthold ordered a pre-sentence investigation and continued Treisch’s bond. Treisch is prison eligible and could face a maximum of 12 months in prison.
Brooke Castle pleaded guilty to drug possession in April and, after nearly a month of clean drug tests, Judge Leuthold was swayed by Castle’s commitment to stay clean.
Castle had been placed on a personal recognizance bond on April 22 and reported for daily drug testing since then.
“This is one (case) where I actually believe community control is appropriate,” Leuthold said before placing her on the court’s Intensive Supervision and Treatment program. “I think you might very well benefit from that program.”
Leuthold suspended Castle’s driver’s license for six months, ordered her to pay a $1,250 mandatory drug fine, and enter into a drug and alcohol treatment program approved by the Adult Parole Authority. Castle was placed on community control for five years.
According to the judge, the justice system provided Ashley Javens not one bite of the apple but two. Javens was in court to face revocation of her intervention in lieu of conviction status and a news charge drug possession. Javens was not prison eligible, as the judge noted. Javens was placed on five years of community control in both cases and left with a stern warning from the judge that any violation or new charge could result in 24 months in prison.
Tony Perry Jr. pleaded guilty to a reduced charge of misdemeanor possession of drug abuse instruments. Perry was fined $1,000 and given a six months sentence in the county jail that was suspended.
Nicole Whitmore faced a new charge of theft and revocation of her diversion status on a charge of forgery in 2012. She pleaded not guilty to both and was ordered held on $50,000 bond. Leuthold appointed Sebastian Berger as her attorney.