By Gary Ogle
gogle@wbcowqel.com
Crawford County Common Pleas Court Judge Sean Leuthold sentenced one man to prison and another to jail in Monday’s court proceedings. The judge made it clear had he had his way, both would have gone to prison.
Twenty-nine-year-old Zachary Marshall pleaded guilty to one count of fourth-degree felony drug possession and was sentenced to 16 months in prison. Given the opportunity to speak, Marshall first requested consideration for early release and then indicated he didn’t think prison was for him even though he had been there before.
“I think I belong on paper (probation), I’ve never been on paper before,” Marshall said. “Prison isn’t helping (me).”
The comment did not sit well with Leuthold.
“The bottom line, Mr. Marshall, is it’s using drugs and it’s Crawford County,” the judge said. “This is how it works.”
Marshall was also fined $1,250, had his driver’s license suspended for six months and must forfeit drug-related items to the Bucyrus Police Department.
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Brian Javens was sentenced following a pre-sentence investigation and his conversation was also a source of irritation for the judge who made it clear if he had his way he would have rather sent the 31-year-old Galion man to prison.
Javens had previously pleaded guilty to fifth-degree drug possession and first-degree misdemeanor child endangerment. What was particularly galling to the judge was a minor child in the house called police when he caught Javens and co-defendant Rachel Merritt using heroin.
“There’s nothing like a child walking in, seeing his father strung out. That’s a memory he’ll never forget, his father with a needle and spoon in his lap,” the judge said. “Let’s hope he doesn’t follow in your footsteps, because you sir, are a horrible father.”
Javens, who was not prison eligible under state sentencing guidelines for first-time felony offenders, was sentenced to five years of community control for the drug possession conviction and 180 days in jail for child endangering which is the maximum jail sentence allowed. The sentences are to run consecutively.
Javens was also fined $1,250, had his driver’s license suspended for six months and must complete a drug and alcohol treatment program.
The judge promised Javens he would go to prison for the maximum 12 months allowed under felony statutes if he violated probation.
“I’m not coddling you, I’m not helping you,” the judge said. “You need to grow up and take care of your children.”
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Ron Lewis was also formally sentenced Monday and that sentence also followed the recommendation of the Crawford County Prosecutor’s Office.
Lewis, who is 49 and from Galion, had previously pleaded guilty to an amended charge of fourth-degree felony aggravated assault. The original charge was second-degree aggravated felonious assault which would have carried a mandatory prison sentence.
The judge noted that the victim had had a major role in instigating the fight.
Lewis was sentenced to five years of community control, must successfully complete an approved drug and alcohol treatment program, pay a $750 fine and stay away from the victim.