BUCYRUS — James Disbennett, 36, of Galion appeared with his attorney Tom Nicholson in Crawford County Common Pleas Court Wednesday to argue for a reduction in bond.
Disbennett is accused of tampering with evidence, a third-degree felony punishable with up to 36 months in prison. Disbennett’s bond was set at $100,000.
Nicholson argued that bond set was ten times higher than the highest possible fine in the case.
Nicholson noted that his client had posted bond in Columbus and was released for a few days until he was re-arrested in Crawford County. Nicholson said that the tampering with evidence charge was based on a phone call Disbennett had made. He told the party on the other end of the line to get rid of something that the children could come across.
“His intention was not to tamper with evidence but to protect his family,” Nicholson said. “This action does not fall within the purview of tampering with evidence.
“We feel the facts don’t fit the charge and that the bail is excessive per the 8th Amendment of the Constitution of the United States,” he continued. “We ask for a more reasonable bond of $50,000.”
While Nicholson argued his point, Disbennett caught the judge’s attention and Leuthold addressed him.
“You sitting there shaking your head isn’t going to help you here,” Leuthold said.
Assistant Prosecutor Ryan Hoovler presented his case to keep bail at the amount appointed. He listed several previous felony convictions in 2008.
Leuthold told Nicholson that the defendant had four prior felonies including charges of failure to appear.
“Bond stays at $100,000.” Leuthold said.
In another bond reduction case, Nicholson argued for a lower bond for his client, Kevin Foust. Foust, 22, of Galion is charged with two counts of possession of drugs, both fifth-degree felonies punishable with up to 12 months in prison. His bond was originally set at $100,000.
Nicholson told the court that the Foust family is well known and that they support him. Nicholson said Foust was left in a car while two other occupants went looking for lost golf balls at a golf course near Crestline.
“My client was the only one in the car. There was evidence all over the car and even drugs found in the purse of the female passenger,” Nicholson said. “My client has some priors. But overall his family could afford to get him out if bail is lower. We are asking for a $50,000. bond.”
Hoovler submitted Foust’s prior history as evidence to retain the original bond. Foust had prior convictions in 2011, 2013 and 2014 with a failure to appear on a parole violation.
Leuthold again denied a lower bond, citing the failure to appear and the fact that drug charges are pending on the defendant.
Brian Campbell, 29, of Plymouth pleaded guilty to violating the terms and conditions of his probation. On January 19, 2018, Campbell tested positive for amphetamines and meth. He admitted to stealing a fentanyl patch from his dying father.
Campbell was placed on five years of community control in September after he pleaded guilty to one count of grand theft, a third-degree felony punishable by up to 36 months in prison, one count of grand theft auto, a fourth-degree felony punishable with up to 12 months in prison, and one count of theft of a motor vehicle, a fourth-degree felony punishable with up to 18 months in prison, for a total potential of 41 months in prison.
Leuthold re-imposed the prison sentences on the prior cases and added 18 months of prison to his sentence on the community control violation.
“I don’t know what the hell is going on with you. You’re stealing every drug you can get your hands on,” Leuthold said. “You’re 29 and you look 49 because of the meth you are on. You have really hit rock bottom when you steal a fentanyl patch from your dying father. You don’t have to live like this. You’d better do your time and straighten up your life. If you don’t, I’ll keep putting you prison.”
Darrian Cassell, 23, of Galion was sentenced to five years on community control after pleading guilty to one count of possession of drugs, a fourth-degree felony, punishable by up to 18 months in prison, one count of trafficking in drugs also a fourth-degree felony, one count of endangering children, a first-degree misdemeanor punishable by up to six months in jail and one count of drug paraphernalia, a misdemeanor.
Leuthold expressed his disdain because Cassell, who has no prior felony convictions, is not prison eligible.
“After today, you are prison eligible if you don’t abide by the rules and conditions of your community control,” Leuthold said.
Cassell told the court he was thankful that the Galion Police Department charged him. He said he was on the same path as his father had been on. His father recently died from drug-related causes.
“How smart do you think that was? Usually a person who loses a parent to such a situation as the drug lifestyle doesn’t go out and immerse themselves in it, they vow not to do it,” Leuthold said.
Leuthold told Cassell he can’t use grief as an excuse to behave badly.
“What really troubles me about this is that you exposed your three-year-old daughter to this lifestyle by having her present when you were doing what you were doing,” Leuthold said. “You have no idea the mess that is made of children’s lives in these situations. People always say that drug addicts don’t have victims but here is this innocent child drawn into this culture that is dangerous to her.”
Leuthold told Cassell that he could not put him in prison, but he could put him in jail for child endangerment. He ordered the maximum sentence of six months in the Crawford County Jail.
As part of his community control, Cassell must complete the drug treatment program with the Volunteers of America. Leuthold noted that if that program was not available for Cassell he would place him in his ISAT program.
“I am going to turn your life around whether you want it or not,” Leuthold said. “You are going to be intensively supervised and drug tested often. All of your horse manure stops today. You’re going to sink or swim on your own.”
Rising from his bench Leuthold bent over and directly addressed Cassell.
“If anything would have happened to your daughter, if she got sick or God forbid died as a result of your activity, I would bury your ass under the prison,” Leuthold said. “You are her father. You’re supposed to protect her. I’m tired of these young guys who come in here and take no responsibility for taking care of their children. We have a term for it: useless males”.
Leuthold told Cassell his half–assed life is now over and that Cassell was going to take care of his daughter, get a good job and plan for her future.
“The good news is that you’ve got my attention and the bad news is that you’ve got my attention,” Leuthold said. “I’ve taken some interest in you.”
Cassell will forfeit all drug-related property to the Galion Police Department. Leuthold said that he would release a pocket knife confiscated in the evidence to Cassell’s mother. The knife belonged to Cassell’s deceased father.