BUCYRUS — A community control violation hearing on Thursday in Crawford County Common Pleas Court ended in a prison sentence for a Mansfield man.
Brandon Parker, 26, requested a full hearing to determine if he had violated the terms and conditions of his community control. Parker’s attorney, Grant Garverick, wanted to argue sentencing in the matter if Parker was found guilty.
In May of 2017, Parker pleaded guilty to receiving stolen property, a fifth-degree felony punishable with up to 12 months in prison. Crawford County Common Pleas Court Judge Sean Leuthold sentenced Parker to five years of community control.
Parker was released from custody and told to call his probation officer, Mark Stalter, to set up an office visit to sign the terms and conditions of his community control.
Before Parker was released, Richland County jail representatives picked him up. According to testimony by Stalter, he made a call to Richland County and they went to the jail as a favor to Crawford County and went over the rules and conditions of his community control. Parker signed the conditions.
Garverick said his client did not realize he was signing conditions for Crawford County. He said Parker thought his probation was transferred to Richland County. Stalter provided copies of the terms and conditions Parker signed that clearly indicated the conditions applied to Crawford County.
Stalter said that since Parker was not a resident of Crawford County his probation would have been transferred there but only after an in-person meeting and assessment in Crawford County.
To complicate matters further, Parker attempted to escape from Richland County officers after his arrest. According to police reports, Parker got the cruiser door open and made a run to escape. At one point he tripped over his own feet but got up and began running again. Officers had to use a taser three different times to contain Parker.
In June, Parker left a voicemail for Stalter saying he had been released from jail. A few days later Stalter spoke to Parker and instructed him to report in person on June 26, 2018. Parker never showed or communicated with Stalter again.
Stalter issued a warrant for Parker’s arrest on July 3. According to Stalter, Parker had violated his community control by being charged with escape in Richland County and failing to keep appointments as ordered by his supervising officer. Parker was arrested on August 23 and returned to Crawford County.
Parker testified that he did not realize his probation had not been transferred to Richland County. He told the court he did not understand what he was signing when he signed the terms and conditions of his community control. He told the court he had no driver’s license and no car to come to Crawford County for an appointment.
Leuthold ruled that Parker did indeed violate the terms and conditions of his community control. Leuthold then heard arguments for sentencing.
Assistant prosecutor Ryan Hoovler told the court that Parker is unable to abide by the terms and conditions of his community control.
“Mr. Parker has not taken the opportunity seriously. He doesn’t want to take responsibility for his actions,” Hoovler said. “While on our community control he disregarded an order to come to Crawford County and he caught a new charge of escape. The state would ask for him to be sentenced to 12 months in prison.”
Garverick told the court his client did not realize he was supposed to report to Crawford County.
“We would ask for community control to be continued and that my client get some much-needed treatment,” Garverick said. “He has a better chance for treatment on community control.”
Parker again spoke to the court and said he had completed probation successfully in the past. He said he applied to treatment programs but was not accepted.
“If I know I’m supposed to do something, I do it,” Parker said.
Before sentencing, Leuthold told Parker, “You knew you were supposed to report somewhere, and you didn’t report anywhere.”
Leuthold ruled that Parker would receive credit for the time he was jailed on Crawford County charges only. The defense had asked for jail time credit from the time he was charged with escape.
“Why would we give him extra jail time credit and reward him for getting a new felony?” Leuthold asked.
Parker was sentenced to 10 months in prison. He will receive 90 days of jail time credit. Leuthold also told Parker he would appoint an attorney to handle his appeal if he chose to file one within the next 30 days.