By Krystal Smalley
ksmalley@wbcowqel.com
The facts of a shooting incident during the Bratwurst Festival allowed a Bucyrus man to avoid a significant prison sentence.
Forty-five-year Carl Massey pleaded no contest earlier this month to an amended charge of discharging a firearm on or near a prohibited area, a second-degree felony. In Crawford County Common Pleas Court on Wednesday, he finally found out his sentence.
Both the defense and prosecution stipulated at the change of plea hearing that on Aug. 13 Tyler Wilmouth of Toledo, the victim in the case, and two others were driving erratically in yards along Union Street and Southern Avenue in Bucyrus. Massey went outside with a shotgun after hearing the commotion. The truck got stuck on a fence post but was able to get loose. As the driver managed to do so, Massey fired the shotgun across the road and struck a passenger in the truck. Wilmouth was later discovered with a shotgun wound during a police traffic stop.
“This is a difficult case. This is a case where the victims were not law-abiding citizens,” stated assistant prosecutor Ryan Hoovler as he argued sentencing. “Carl Massey should be given an opportunity to show that he can be law abiding.”
Defense attorney Patrick Murphy echoed similar sentiments, stating that Massey had been in his front yard at the time of the incident. He added that medical records indicated the victims had been consuming alcohol and marijuana that night. Opiates were also believed to be used the night before.
“I’d like to apologize,” said an emotional and remorseful Massey. “I’m really sorry that it happened. I wouldn’t wish it on anybody.”
“A case like this, everybody in the community has an opinion,” ruminated Judge Sean Leuthold. “A gun was discharged and someone was shot. That is a very serious offense.”
Leuthold spent a lengthy amount of time discussing how he came to a decision on the sentencing, even comparing Massey’s case to two others, including the five-year prison sentence he handed down to David Greene last week. Despite guns being involved in all three cases, Leuthold noted a few significant factors that differentiated them: the involvement of drugs, intimidation, and the lack of provocation from the victims.
“Mr. Massey did not do that,” Leuthold affirmed. “He was in his home, minding his own business. They brought the matter to him.
“There’s no doubt they were a menace to our community,” Leuthold stated, noting that the victims had been in town for the Bratwurst Festival. “Their behavior is, quite frankly, unacceptable and terrible.”
Leuthold added that police had to track down the victim after the incident was reported.
“If you were truly a victim of a crime where you were shot, why didn’t you report it to the police?” he questioned rhetorically.
“I understand Mr. Massey’s actions to a degree,” Leuthold continued. “Mr. Massey has a legal right to a firearm . . . I have no problem with that.”
However, Leuthold countered, the charges could have been avoided if Massey contacted the police rather than taking the matters into his own hands.
“When you fired that gun – you’re not a trained law enforcement officer. When you fired that gun, I don’t think you intended to hit anybody,” Leuthold said. “Supposed the shot went wide and hit an innocent person.”
Acknowledging that he has a reputation for being tough, Leuthold nonetheless felt that he could not send Massey to prison after receiving all the facts in the case. Instead, he placed Massey on community control for five years and ordered him to forfeit 23 guns to the Bucyrus Police Department.
“Mr. Massey is not simply walking out of this courtroom without punishment,” Leuthold said, believing the forfeiture was a significant enough of a punishment for Massey, who was involved in the firearm business.
Leuthold reminded Massey that roles easily could have been reversed if he made a simple decision that night.
“One phone call (to police). This all could have been avoided. The people who instigated this matter would be sitting here instead,” Leuthold said.
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