By Gary Ogle
gogle@wbcowqel.com
The last of three defendants in the Freezer Fresh robbery last summer came into Crawford County Common Pleas Court on Wednesday. Although 20-year-old Tristan Lee Lucas did leave the courtroom a free man, he also left with a stern reprimand and a promise from Judge Sean Leuthold.
“I’m not going to tolerate any violations (of probation). Trust me, you will not enjoy prison,” Leuthold told Lee. “You screw this up and you’ll go to prison like that.”
Lee pleaded guilty to the charge of felony 2 robbery in December. That charge was amended from the original Grand Jury indictment of felony 1 aggravated robbery. Three people were charged with robbing the Freezer Fresh eatery in Crestline with a pellet gun in July.
“This is an interesting case,” Leuthold said to preface his sentencing remarks, noting the age of the defendant, the fact a pellet gun was used and that the prosecution had been unable to discern what roles each of the defendants had in the incident.
Co-defendants Mikel Knetter and Kalib Utz, whom the judge referred to as “Idiot 1” and “Idiot 2,” did not actually plead guilty to robbery charges. But both were on probation at the time, Knetter in Crawford County and Utz in Richland County. As a condition to concessions from the County Prosecutor’s Office, both men had to admit to being involved in the robbery to their probation officers without specifically spelling out their roles. As a result of those admissions, Knetter was sent to prison from Crawford County on a probation violation and Utz is likely to have the same fate in Richland County.
“This defendant (Lucas) has no significant record, but it’s clear he has been messing around on the fringe,” Leuthold said.
Assistant Prosecutor Ryan Hoovler, acknowledging the rare recommendation for community control for such a serious felony, said it was an opportunity for Lucas to show he can stay out of trouble.
Defense attorney Tim O’Leary said Lucas has a job, has stayed out of further trouble while free on a personal recognizance bond and is taking the situation seriously.
Lucas was sentenced to three years of community control, fined $1,000 and ordered to pay restitution in the amount of $4,054. Should he fail probation, he is subject to 36 months in prison.
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Colin Vanderpool did not avoid prison, but can minimize his time there after he admitted to probation violations. The 38-year-old Vanderpool pleaded guilty in 2011 to felony drug possession charges in a 2009 case and was placed on three years of community control.
However, he never reported to a probation officer as required and moved from the state without permission. He admitted those violations, but attorney Brian Gernert’s argument that Vanderpool had successfully stayed out of trouble since and was drug free got the ear of the judge.
“That’s a positive thing,” Leuthold said. “But I can’t let this slide. We would have chaos.”
The judge then sentenced Vanderpool to 12 months in prison with credit for 50 days spent in the Crawford County jail. However, Leuthold said he would look favorably upon a request for judicial release after Vanderpool had served 75 days in prison.
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Terry Thoman was sentenced to three years of community control for felony 5 forgery and ordered to pay $17 in restitution as well as surrender the title to a car.
The judge read off a long list of offenses committed by Thoman going back to 1989. They included assault, multiple DUI’s, domestic violence and more.
“Let me tell you something Mr. Thoman, I think you are a liar,” Leuthold said. “I will go along with the recommendation. But now you are on felony probation – you break the law and I will send you to prison.”
Logan Temple had an initial hearing alleging a probation violation. The judge set bond and appointed Adam Stone to represent Temple.
Temple was placed on probation less than a year ago after pleading guilty to felony drug possession.
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Gerald Brock was back in court to clear up a sentencing matter. Brock is serving 36 months in prison for felony 3 compelling prostitution. At the time of his sentencing, Brock’s plea arrangement did not require he register as a sex offender upon his release.
However, state statute does require registration under sex offender regulations. The judge offered Brock the opportunity to with draw his guilty plea, but Brock chose not to and was informed of his obligations to register as a Tier II sex offender every six months for 25 years.
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