Military record may become factor in prison sentence

Two men received maximum prison sentences for domestic violence Tuesday, but one’s possible military record may see a new avenue opened to him.

By Krystal Smalley
ksmalley@wbcowqel.com

Two men received maximum prison sentences for domestic violence Tuesday, but one’s possible military record may see a new avenue opened to him.

Thirty-year-old Steven Shankle, of Crestline, pleaded guilty to felony 4 domestic violence and received an 18-month prison sentence.

The victim, who was present for the hearing, however, wanted less time for Shankle.

“It was not him when he did that,” she said as she related Shankle being on numerous medications, including one for his PTSD.

The new information gave Judge Sean Leuthold pause, but he questioned whether Shankle’s claim of a military record was true after he heard from other sources that it may not be.

Shankle appeared confused that Leuthold questioned his military record. He informed the judge that he served in the Marines and saw eight years of combat in Afghanistan and Iraq.

“My office is well aware he did (serve),” stated defense attorney Adam Stone, who represented Shankle previously and had copies of Shankle’s service in his office.

“I certainly sympathize with veterans who suffer from PTSD,” Leuthold said. “If you’re telling me the truth, man, I’ll probably bend over backwards to help you.”

Leuthold ordered a post-sentence investigation. The prosecutor’s office indicated that judicial release may be possible for Shankle.

Thirty-year-old Robert Fisher, of Bucyrus, pleaded guilty to felony 3 domestic violence and received a 36-month prison sentence. He was also fined $250 and must serve three years on post-release control.

Twenty-three-year-old Jacob Morgan admitted to violating his community control when he possessed marijuana. He was sentenced to 30 days in the county jail and continued on probation.

Morgan originally pleaded guilty to receiving stolen property and theft in 2016. He was sentenced to 45 months in prison and was granted judicial release after serving just under a year.

Twenty-five-year-old Derrick Saum, of Crestline, was arraigned on a felony 5 charge of criminal nonsupport. Saum allegedly failed to pay child support for 26 weeks. Leuthold appointed Tani Eyer as Saum’s attorney and set bond at $14,000.

A hearing on motions in the Nathan McIe case was held for a second time. Defense attorney Stone filed a motion to separate a disseminating matter harmful to a juvenile charge from two rape charges in the 2017 case.

Stone argued that his client’s charges need to be severed in order to maintain an impartial trial.

McIe was charged with felony 1 rape in 2016, but the Crawford County Prosecutor’s Office leveled two additional rape charges and a disseminating matter harmful to a juvenile charge against him in 2017. It is the prosecution’s intent to dismiss the original rape felony in favor of the newer charges.

“Why do we have this charge all of a sudden so many months down the road?” Stone questioned. He believed it was because the state would try to show that the defendant was showing the victim the material to groom the victim for rape.

Stone argued that the elements of the crimes were not simple or distinct, but rather highly complex, thus qualifying for the charges to be separated.

Assistant prosecutor Rob Kidd admitted Stone predicted the state’s argument, but said the issue at hand was not prejudicial. Instead, Kidd argued, the issue was admissibility. He noted that the elements of the alleged crimes were completely different and predicted the jury would not be confused by statements made.

Leuthold believed the state’s basis and reasons were valid for combining the charges in one case without the intent of making it salacious. However, he chose to reserve his ruling until he could conduct an in-camera review of statements and the disseminating material.