BUCYRUS — A Crestline man avoided a 27-year prison sentence when he appeared Wednesday in Crawford County Common Pleas Court.
Russell Mott, 67, of Crestline pleaded guilty to several felony charges including illegal cultivation of marijuana, a second-degree felony punishable with up to eight years in prison, possession of drugs, a third-degree felony punishable with up to 36 months in prison, and two counts of having weapons under disability, both second-degree felonies punishable with up to eight years in prison on each count. Mott was represented my Mansfield attorney Robert Whitney.
Crawford County Common Pleas Court Judge Sean Leuthold said he took several factors into consideration before allowing a plea negotiation in this case. He said he considered the past record of the defendant, his age and the fact that he was caught cultivating marijuana and not a more dangerous drug. Leuthold also noted that the weapons seized were not untypical of what might be in anyone’s home.
Leuthold sentenced Mott to six months in jail and five years of community control. Mott was ordered for forfeit all drug-related items including firearms, safes, fans, lights and surveillance systems. He was also fined $5000.
“Mr. Mott, we’ve had a rash of sexagenarians selling marijuana. We don’t take that lightly in Crawford County,” Leuthold said. “You could spend the rest of your life in prison over this. We are notoriously strict in Crawford County when you are on community control. I am assigning Chris Heydinger to supervise you. He is one of the best detectives in Crawford County history. If you pull any shenanigans, he will know it. This is your one and last chance.”
Mott must report to serve his six months in jail by 7 p.m. on March 1. Leuthold told the court that Mott is not a threat to society.
“You’re too old for this stuff. When 70 is just around the corner, it’s time to knock it off,” Leuthold said. “I’m telling you, if this were meth, you’d be serving a very lengthy sentence.”
Mott told the court, “You will not be sorry.”
“If you make me sorry, I am going to make you very, very sorry,” Leuthold said.
Two more cases were heard on Wednesday. Stanley Hoffman, 62, of Tiffin appeared for a review of the continued use of an ankle monitor as a condition of his community control. Hoffman was placed on community control after he pleaded guilty to one count of menacing by stalking, a fourth-degree felony and one count of intimidation, a third-degree felony.
Hoffman had been stalking a young woman that he saw on social media. As part of the plea deal, Leuthold agreed to review whether the ankle monitoring would continue after 60 days.
Hoffman’s probation officer, Mark Alspach, reported to the court that he received a report on January 22 that Hoffman was out of range for four hours. When Alspach contacted Hoffman, he said he’d been out to eat at a favorite restaurant in Defiance. Alspach also discovered that the battery on the monitor was dead.
“I love to travel, and I love to eat out. Mr. Alspach didn’t tell me I couldn’t go out of the county,” Hoffman said.
Alspach told the court that he hadn’t been specific with Hoffman but didn’t consider that he might travel to a county so far away.
“I think we need to lay down some specific rules for Mr. Hoffman about exactly where he can travel,” Alspach said.
Leuthold told Hoffman that he may only travel to counties adjacent to Seneca County, where he resides. Hoffman began to debate with the judge over the specifics of his ruling, drawing Leuthold’s ire.
“There are 88 counties in this state and I’m not going to go over every one of them with you,” Leuthold said. “If it’s adjacent to Seneca County, then you may travel there. Otherwise you are in violation.”
Leuthold ordered the monitor to remain on Hoffman for another 30 days with a review at that time to decide if it is necessary beyond that.
“Stay the hell away from the victim or I will put your ass in prison so fast your head will spin,” Leuthold said.
Todd Nicholas, 28, of Marion received five years on community control after pleading guilty to violating a protection order, a fifth-degree felony, punishable with up to 12 months in prison.
Assistant Prosecutor Ryan Hoovler told the court that Nicholas needs to understand that he can’t play games with court protection orders.
Leuthold inquired about the nature of the attempted contact with the victim. Hoovler reported that Nicholas had texted, called and used Facebook to like pictures that were posted by the victim. Hoovler also noted that the victim is the mother of Nicholas’ child.
“You look exasperated, Mr. Nicholas,” Leuthold said. “You look like you think we’re wasting your time here. You look at me like that one more time and I’m going to show you exasperated. You are in felony court in Crawford County. When I tell you to do something, you do it!”
Leuthold ordered Nicholas not to have any contact in any way with the victim and said any custody issues include a third party to go between the parents.
“If I find out you have attempted any contact with the victim, I will put you in prison. You would not do well in prison,” Leuthold said “They would not appreciate that exasperated look you have on your face in prison. You gotta knock this off.”