By Krystal Smalley
ksmalley@wbcowqel.com
The first of the Freezer Fresh defendants pleaded guilty in Crawford County Common Pleas Court Monday afternoon.
Twenty-year-old Tristan Lucas of Galion pleaded guilty to second-degree felony robbery. The charge was amended from a first-degree felony due to the fact that the gun used in the robbery on July 21 was a toy pellet gun.
Lucas, who Judge Sean Leuthold reprimanded for being one of the “three idiots with a pellet gun,” received a recommended five-years on community control, a $1,000 fine, and restitution to Freezer Fresh for an estimated $4,054.
“This is an argument on the level of involvement,” explained assistant prosecutor Ryan Hoovler.
Hoovler said that, of the three men involved in the crime, Lucas stood nearby knowing what was going to happen while another man allegedly brandished the gun. The third accomplice was allegedly the trio’s “inside guy,” Hoovler said. The co-defendants, 19-year-old Kalib Utz of Mansfield and 19-year-old Mikel Knetter of Crestline, are currently sitting in jail on first-degree aggravated robbery charges.
“There’s some issues as to who did what,” commented Leuthold. “This is not usually a sentence I’d hand out.”
Lucas has spent roughly 60 days in the county jail since his arrest but Leuthold decided to “test” him and released Lucas on a personal recognizance bond to see how he acts while awaiting the results of a pre-sentence investigation.
“No booze, no drugs, no crime. Are we clear?” Leuthold asked Lucas. “If you can’t survive a personal recognizance bond for 30 days then you can’t survive five years on community control. I have warned you.”
If Lucas fails his community control, he could be sentenced up to eight years in prison.
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Judge Leuthold had his doubts that 34-year-old Randy Rittenour of Johnstown would be successful on community control but the judge followed the recommended sentence.
Rittenour, who previously pleaded guilty to fifth-degree felony drug possession, was sentenced to five years on community control Monday with 90 days spent in the county jail, which he has already served. His driver’s license was suspended for six months, he received a $1,250 fine, and was ordered to forfeit seized drug-related property to the Ohio State Highway Patrol.
Despite the difficulty in getting a conviction in this case due to drugs being found under the hood of a car, Leuthold had very little faith in Rittenour turning his life around.
“I don’t think there’s a chance you’re going to pass community control,” Leuthold said, predicting that Rittenour would most likely be back in his courtroom within two weeks.
Should Rittenour fail on community control, he could be sentenced up to 12 months in prison for the violations.