BUCYRUS — The new year did not get off to a new start for one Bucyrus man. Levi Rowe, 26, of Bucyrus was returned to prison after pleading guilty to violating the terms and conditions of his community control.
Rowe was on judicial release after being sent to prison in 2017. Rowe pleaded guilty to three counts of trafficking in drugs. Each count was a third-degree felony punishable with up to 36 months in prison.
After Rowe admitted to violating his parole terms, his attorney, Tom Nicholson, argued sentencing before Judge Sean Leuthold. Both the state and defense had an opportunity to call witnesses on their behalf.
Assistant Prosecutor Ryan Hoovler called Probation Officer Eric Bohach to testify first. Rowe had been on community control under Bohach’s supervision. In November, Bohach went on medical leave for surgery. Probation Officer Chris Heydinger took over Bohach’s case load and inherited Rowe’s case.
Bohach testified that during the year he had Rowe on community control, the only issue he had with Rowe was his failure to complete drug and alcohol assessment. Rowe was to complete the assessment and seek additional treatment and counseling if necessary.
Bohach said the assessment had been scheduled and either cancelled or postponed several times, noting that Rowe had been working.
Defense attorney Tom Nicholson pointed out that Rowe had no problems while under the supervision of Bohach.
Hoovler then called Heydinger to the stand, who confirmed that he inherited all Bohach’s cases while he was on medical leave. He said he noticed that Rowe had not been drug tested in a long time and that his assessment was not completed.
Heydinger tested Rowe during an office visit and the results were positive for oxycodone and he admitted to using the drug. Heydinger then charged him with violating the terms and conditions of his probation. He added the charge of failure to complete drug assessment to the probation violation.
Nicholson asked Heydinger if he read the instructions on the testing box and if he knew that the test that he had administered was preliminary and required further testing and verification.
Heydinger said the test is the same test that is always used. He admitted that he did not read the outside of the box.
Nicholson then implied that his client had given a false confession. Heydinger testified that in his 29 plus years as a detective he had never had anyone admit to a crime they did not commit.
During closing arguments for sentencing, Hoovler told the court that Rowe had clearly violated the terms and conditions of his community control, noting that the underlying crimes were all third-degree drug trafficking felonies. Hooveler stated that Rowe had been given an opportunity for judicial release and had squandered it.
Nicholson argued that his client needed something more like a community-based correctional facility as an alternative to prison. He noted that Rowe came from a good family and that he had worked for his family business since his release. Nicholson said his client relapsed and used some pills.
Before announcing his sentence, Leuthold gave Rowe an opportunity to speak.
“I own a business and I pay my taxes,” Rowe said. “I relapsed. I need another chance to get it right.”
Leuthold said he was more disturbed that Rowe had not completed the drug and alcohol assessment than the fact that he relapsed.
“The state has proven its case. The whole point of letting out of prison was for you to get help,” Leuthold said. “Here we are a year later, and you still have not been assessed. You can’t be helped if we don’t know what you need in terms of treatment.”
Leuthold imposed the remaining 18 months of prison of two counts of trafficking. He left the third count open. When Rowe gets out of prison, he will return immediately to community control. If he violates the terms and conditions of community control again, he would serve the remaining 18 months of his prison sentence.
“The truth is that you were making money off of the drug trade. I cannot ignore that,” Leuthold said. “I’ve taken into consideration your age, the fact that you were working and that you did not get any new charges during your time on community control. You’re getting a break today.”
Leuthold ordered Rowe taken into custody and offered one last comment.
“We’re either going to straighten you out or you are going to serve your entire sentence in prison.”
In other court action, James Ackerman II, 42, of Galion pleaded guilty to one count of breaking and entering and one count of possession of drugs, both fifth-degree felonies.
Leuthold sentenced Ackerman to 12 months in prison on each count for a total of 24 months of incarceration. Ackerman will also pay restitution in an amount to be determined. He was ordered to forfeit all drug-related property to the Galion Police Department.
‘You need to get your head out of your rear end,” Leuthold said. “You’re too old to do this stuff.”
Seth Zeigler, 20, of Mansfield pleaded guilty to one count of possession of drugs, a Percocet tablet. Zeigler was placed on the court’s Intervention in Lieu of Conviction program. If Zeigler completes the program successfully, the felony will not be placed on his record.
Leuthold encouraged Zeigler to do everything right and take this opportunity to put the conviction behind him.
“Things can go south in a hurry if you don’t comply. You’re from Richland County but here in Crawford County I don’t put up with this behavior,” Leuthold said. “I’m not your mom, your dad, or your counselor. I’m the guy that can put you in prison.
“If you mess up on my program I’m not going to sit down and have the uncle-type talk with you,” he continued. “I’m sending you to prison; do we understand each other?”
Carrie Hoffman, 45, of Galion turned down a plea offer and requested a trial by jury. Hoffman is accused of two counts of burglary, both second-degree felonies punishable with up to 16 years in prison and a misdemeanor charge of resisting arrest, punishable with up to six months in prison.
Hoffman had been offered a plea deal for 36 months in prison with possible judicial release after 18 months. Leuthold informed Hoffman that from this proceeding on, the state would withdraw its plea offer. Leuthold ordered a trial date to be set.