By Krystal Smalley
ksmalley@wbcowqel.com
Despite being one of three people placed on community control in Crawford County Common Pleas Court Wednesday afternoon, 44-year-old James Horner of Bucyrus was the only one to start his sentence off in the county jail.
Horner pleaded guilty to the illegal cultivation of marijuana, a third-d
egree felony, earlier this month and awaited the results of a pre-sentence investigation. Judge Sean Leuthold moved ahead with the recommended sentence and placed Horner on community control for five years with 90 days spent in the county jail. Horner will also have to enter into a drug and alcohol treatment program, pay a $5,000 fine, and forfeit drug-related property. His driver’s license was also suspended for six months.
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Nineteen-year-old Chase Bowman, of Bucyrus, and 18-year-old Christian Jackson, of Galion, may still technically be teenagers, but Leuthold believed it was past time for them to grow up. The judge expressed similar sentiments to both men as they were each sentenced to five years on community control.
“I don’t know what the heck you’re thinking,” Leuthold said as he referenced Bowman sliding by through his juvenile years. “All that changes today. You’re now on felony probation. That’s for adults.”
In addition to community control, Bowman must enter into a drug and alcohol treatment program and pay a $1,250 fine. His driver’s license will also be suspended for six months. If Bowman fails on community control, he could be sentenced up to 12 months in prison.
Leuthold felt that Jackson “also acted pretty much like a jack—“ throughout his teen years and reminded him that he was no longer dealing with juvenile court.
“You think maybe you should change the way you’re living your life if you want money, power, and respect?” Leuthold asked. Jackson had those three words tattooed on his body, which Leuthold found to be a bit ironic now that Jackson was dealing with felony charges of receiving stolen property and safe cracking.
Leuthold sentenced Jackson to five years on community control and fined him $5,000. Restitution in the case will be determined at a later date. Jackson could face a total of 36 months in prison if he fails on his community control.
Jackson was one of four people charged in a burglary. Of the co-defendants in the incident, Jamie Fultz received five years in prison for felony 2 burglary and felony 4 carrying concealed weapons. Fredrick Miller received 36 months in prison for burglary and safecracking, both fourth-degree felonies. Laura Martinez’s case is still pending for amended third-degree felony complicity.
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A new charge was brought against 22-year-old Brooke Bayless of Bucyrus in an incident stemming from June 18. Bayless is already scheduled for trial on a fifth-degree felony drug possession charge, but the prosecutor’s office filed an additional charged of tampering with evidence, a third-degree felony.
The level of felony does make Bayless prison-eligible if she is found guilty; she could have avoided any prison time with the first charge.
Leuthold believed defense attorney Adam Stone would be challenging the new felony based on old case law and ordered attorneys for both sides to have all pre-trial motions – including a motion to consolidate both cases – filed by March 15. He continued the trial date, which was originally set for March 10.
Leuthold has already denied a motion to suppress evidence stemming from the June 18 traffic stop in the original drug possession charge.
The personal recognizance bond set in the original case was continued for the new felony.
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Twenty-year-old Dakota Craft was granted judicial release, but it turned into a close call for a return to prison when he gave Leuthold “distinct attitude” as soon as he sat down in the defendant’s chair.
Craft had already served 18 months of his four-year prison sentence for burglary. At the time he was sentenced in 2014, former Judge Russell Wiseman agreed to consider judicial release after serving 15 months.
“I’ve reviewed this case and the court is a little bit concerned,” Leuthold said as he noted that he had nothing to do with the original agreement.
Though Leuthold granted the motion and placed Craft on community control for five years, he warned Craft that if the young man had committed the crime while Leuthold was sitting on the bench, the judge would never have agreed to only four years in prison.
As Leuthold discussed the proceedings with Craft, he noted that Craft showed very little respect.
“You roll your eyes at me again, Mr. Craft, and you’re going back to prison,” Leuthold cautioned as he told defense attorney Grant Garverick to speak with his client for a bit.
“I didn’t mean to disrespect you or anything,” Craft said once he returned to the courtroom.
Leuthold also ordered Craft to complete a drug and alcohol assessment.
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