BUCYRUS, OH (CRAWFORD COUNTY NOW)—Brian Caldwell, 41, of Bucyrus, was sentenced on Friday in the Crawford County Common Pleas Court on eight counts of drug trafficking. Two other counts were dismissed by Judge Sean Leuthold.
Throughout the sentencing hearing, Caldwell maintained his innocence.
Caldwell’s attorney, Eddie Bibler, filed a motion challenging the clarity of the jury instructions, but it was ultimately denied by Judge Leuthold.
Judge Leuthold found that the instructions were clear and placed a greater burden on the state to specify the weights of the drugs seized and compare them to the amounts that could be charged as verified felonies. He also noted that there were no objections by either side to the jury instructions before they were given.
During the hearing, Judge Leuthold read letters of support for Caldwell but noted that one letter from an inmate who is being held on a rape charge was absurd. The inmate is not charged with any drug-related offenses and is currently undergoing a mental health evaluation at a behavioral hospital in Columbus.
The Judge also heard from a person who stated that while Caldwell dealt in marijuana and had tried meth, there was no indication he was involved in dealing serious drugs like methamphetamines. The witness noted that Caldwell had no felony record and asked the court to sentence him to probation or house arrest and give him a chance at a life rather than the “hell” of prison.
Judge Leuthold repeatedly reminded the parties that the sentencing hearing was not an opportunity to retry Caldwell’s case as they
Caldwell continued to profess his innocence, citing his spirituality and religious counseling activities.
During his testimony in trial, he indicated he was not a Christian.
After the hearing, Judge Leuthold sentenced Caldwell to concurrent sentences on the felony charges, totaling 11-16 1/2 years in prison. Assistant Prosecutor Dan Stanley asked the Judge to make the sentences consecutive to keep Caldwell off the streets.
The sentencing falls under the Reagan Tokes guidelines, allowing for a potential decrease of 5-15% for exemplary behavior or an increase of up to half his original sentence for bad behavior. Those decreases or penalties are at the exclusive judgment of the Ohio Department of Corrections and Rehabilitation.
Ultimately the sentence cannot exceed 16 1/2 years.
Judge Leuthold appointed an attorney to represent Caldwell should he decide to exercise his right to an appeal. Leuthold also instructed Attorney Bibler to give the assigned attorney an overview of the case. Bibler agreed. Caldwell has 30 days to declare his intent to appeal.