BUCYRUS — Mark Mays of Cleveland opted out of a plea offered him in Crawford County Common Pleas Court on Tuesday.
Mays pleaded guilty to one count of theft, a fourth-degree felony punishable by up to 18 months in prison. The state offered Mays, 35, a flat six months in prison with recommendation for transitional control. Instead, Mays chose to go on Community Control for the next two years.
“Normally when a defendant is made this offer, they would rather pay up front and be out of the system,” Common Pleas Court Judge Sean Leuthold said. “However, you have every right to turn that deal down.”
Mays indicated that he, in fact, wanted to be on community control.
Leuthold warned Mays that if he is unable to complete community control, he could go to prison for 18 months.
“Hopefully I won’t see you again,” Leuthold said.
In other court action, Aaron Mitchell, 20, of Bucyrus pleaded guilty to violating the terms and conditions of his community control.
Mitchell was sentenced to four years in prison for aggravated burglary in 2016. He admitted to operating a motor vehicle while impaired, disorderly conduct, testing positive for THC, and association with a known felon.
When Leuthold asked representatives of the state what they wanted done in the sentencing, Assistant Prosecutor Ryan Hoovler asked the court to reinstate Mitchell’s prison sentence.
Mitchell’s attorney, Andrew Motter, told the court that Mitchell had struggled to stay within the confines of community control. Motter noted that Mitchell’s mother, grandmother and girlfriend were in court to support Mitchell.
Motter made the court aware that Mitchell’s girlfriend is due to give birth to his child in about a month. The felon Mitchell associated with was his half-brother.
“In light of all this, I know the court will do what it has to do,” Motter said.
Leuthold complimented Motter for his hard and enduring work to represent Mitchell.
“You got him a four-year sentence for aggravated burglary when he could’ve gotten twice as much time. He was released on judicial release and violated his community control,” Leuthold said. “I gave him a break and sent him to a community-based correctional facility and now we have a third violation. I’m not continuing down this road. You (Mitchell) represent a threat to public safety.”
Leuthold ordered Mitchell returned to prison, with credit for jail time served.
“I wish you good luck. You can’t say I didn’t give you a chance. Clearly community control is not working,” Leuthold said.