By Krystal Smalley
ksmalley@wbcowqel.com
Bart Kegley bearded the lion in its den and paid the price Monday in Crawford County Common Pleas Court.
Kegley had been on community control after pleading guilty to felony possession of marijuana and cocaine, along with the illegal cultivation of marijuana, in 2014. He admitted in court on Monday to violating the terms of his conditions. The allegations brought against him included possession of marijuana and drug paraphernalia and testing positive for cocaine and marijuana. The violations occurred on Aug. 19.
Assistant prosecutor Ryan Hoovler, while arguing sentencing, said they had given Kegley an opportunity on community control in September of 2014 despite two third-degree and one fifth-degree felony.
“That was an opportunity for him to change his ways and stay out of prison,” Hoovler said. He added that the substances involved in the violations were the same substances used in Kegley’s original felonies.
Hoovler asked for the maximum prison sentence to be imposed.
“Eighty-four months is overwhelmingly too much,” argued Adam Stone, Kegley’s attorney. “He’s fighting a drug addiction that he’s been fighting for seven years.”
Stone added that this was Kegley’s first positive test while on community control and that his client was undergoing treatment at Maryhaven. Stone reminded Judge Sean Leuthold that other offenders had violated their community control numerous times over without ever getting such a significant prison sentence and asked that Kegley receive that same opportunity.
“I didn’t set out to break the law,” Kegley told Leuthold. “I’ve got a problem . . . I would have did things different if I could.”
Leuthold commended Stone on his argument but said there were facts in the case that he couldn’t ignore, including the amount of marijuana Kegley had when he was charged with third-degree drug possession.
Leuthold also found issue with the fact that Kegley told counselors that he didn’t have a drug problem but tested positive for cocaine and marijuana.
“He was actively participating in counseling while diluting his urine test,” Leuthold said. He believed Kegley squandered the opportunity given to him.
“You walked right here into the lion’s den and now (your head’s) going to be bit off,” Leuthold stated.
The judge sentenced Kegley to the maximum sentence on all three charges, which will be served consecutively for a total of 84 months.
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Judge Leuthold was somewhat sympathetic to Khristin Sharp’s cause but that was not enough for him to justify avoiding a prison sentence for the Bucyrus woman.
Sharp admitted to having her urine test positive for marijuana on two occasions and once for
Benzodiazepines in September.
Her attorney, Adam Stone, argued that this was Sharp’s first parole violation and that she was involved with the court’s Intensive Supervision and Treatment (ISAT) program. He added that Sharp has had a long struggle with substance abuse addiction.
“Relapse is as much a part of recovery but we know this court’s zero-tolerance policy,” Stone noted. He asked the judge to take the context of Sharp’s life into consideration.
While on the ISAT program, Sharp had prior issues, though none of them turned into violations nor did Sharp get sentenced to any county jail time due to the overcrowding of women prisoners.
“We’ve realized this is the end of the line with the ISAT program. It’s time to take the appropriate action,” Leuthold stated.
Believing that Sharp represented a danger to herself and to the community, Leuthold sentenced Sharp to a total of 36 months in prison, or 18 months on each fourth-degree felony charge.
“I have not given up,” Leuthold informed Sharp. “I’ll look at this case again. This is a different Crawford County than it was a year ago. You will be held responsible for your actions.”
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A recommended 60-day jail sentence was suspended after various assessments were presented to Judge Leuthold during Mark Harper’s sentencing hearing.
Harper, of Bucyrus, previously pleaded guilty to a misdemeanor for sexual imposition and a third-degree felony for tampering with evidence.
“How difficult this must have been for the victim,” Leuthold remarked. “It’s a situation where no one’s a winner.”
Leuthold ordered Harper to be designated as a Tier I sex offender for the next 15 years on the misdemeanor charge and must pay a $500 fine. Harper will serve five years on community control for the felony tampering charge and must pay a $750 fine. If he fails on community control, he could face up to 36 months in prison.
“I don’t believe Mr. Harper is a predatory person,” Leuthold stated. “I do believe he has a problem with alcohol. He committed a terrible act and deserves to be punished.
“I will protect the public. If that means putting you in prison, it will be done,” Leuthold warned.
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