BUCYRUS — It was a busy day in Crawford County Common Pleas Court on Wednesday. Several defendants were sentenced to prison.
Theodore Britt, 30, of Bucyrus found himself back in front of Common Pleas Court Judge Sean Leuthold a little more than a month after being granted judicial release. Britt was originally sentenced to 18 months in prison after he pleaded guilty to one count of trafficking in drugs, a fourth-degree felony punishable with up to 18 months in prison.
Britt was granted judicial release on October 10. He appeared in Common Pleas Court to answer to charges he violated the terms and conditions of his community control. Britt had a charge added, possession of drugs, a fifth-degree felony punishable with up to 12 months in prison.
According to probation officer Chris Heydinger, on October 16, Britt submitted to a urinalysis which tested positive for meth and methamphetamines. Britt admitted to using both and pleaded guilty to the new charge.
Leuthold was frustrated with Britt.
“I let you out of prison and six days later you violate and here we are,” Leuthold said. “You had this new charge pending and I told you that if you behaved yourself on community control, I would allow you to stay on community control on the new charge as well. You weren’t able to do that so now I have no choice.”
Leuthold imposed the balance of the 18 months on the original trafficking charge and added six months in prison on the new charge of possession for a total of 24 months in prison. Britt will forfeit all drug-related property to the Galion Police Department but will receive 26 days of jail credit. Leuthold said he would not oppose transitional control if the state requested it.
In other court action, Harley M. Blackert, 20, of Bucyrus pleaded guilty to one count of complicity, a third-degree felony punishable with up to 36 months in prison.
Leuthold imposed the entire 36-month sentence. Blackert may be eligible for judicial release in the future.
Donna Stall, 51, of Galion appeared in court to answer to charges she violated the terms and conditions of her community control. Stall was originally sent to prison in 2018 after pleading guilty to one count of trafficking in drugs, a fourth-degree felony punishable with up to 18 months in prison and one count of trafficking in drugs, a fifth-degree felony punishable with up to 12 months in prison. She was granted judicial release in September.
According to probation officer Heydinger, Stall tested positive for both meth and meth amphetamines on September 30. Stall requested that the test be sent to the Bureau of Criminal Investigation in Columbus to be verified. The results were confirmed. Pending the results of the test, Stall was permitted to remain free.
Stall admitted to violating the terms and conditions of her community control but asked for a hearing to determine sentencing. She was represented by court-appointed attorney, Grant Garverick.
Assistant Prosecutor Ryan Hoovler reminded the court that Stall had been given judicial release and a chance on community control even though she was prison eligible and guilty of drug trafficking.
“She violated in just four days. I’m not sure how many chances Miss Stall thinks she should get,” Hoovler said. “The state believes she does not deserve another chance. To protect the public and herself from her illegal drug activity, the state would ask the entire sentence be imposed.”
Garverick said he did not disagree with the prosecutor that his client had gotten a chance.
“She was not in jail long enough to get meaningful treatment for her addiction,” Garverick said. “In the time since she has been waiting for the results of the tests to come back, she has been involved in Margie Mattox’s program and has had time to reflect through the 12-step program.”
Garverick told the court that his client had clean drugs screens while she was awaiting test results.
“She messed up. CBCF (Community Based Correction Facility) or even jail with an additional chance for treatment would be better than prison,” Garverick said.
Leuthold asked Stall if she had anything she wanted to say.
“I would like to apologize to Mr. Heydinger for lying to him,” Stall said. “He didn’t deserve that. I’m sorry for throwing my chance away.”
Stall went on to tell the court that she had taken some counseling in prison. She said she was sorry for being a menace to society and breaking her family’s heart.
“I would like to get help. I thought my Dad would be done with me if I told him the truth, but instead he reached out to me,” Stall said. “I was molested when I was young and pregnant at 15. I’m 51 years old and I don’t want to die an addict.”
Before rendering his judgment, Leuthold asked the state for Stall’s record. Hoovler told the court that Stall had received five prison sentences and various other charges dating back to 2001.
In a rare move, Leuthold allowed Stall’s father to address the court. He said that the night before her drug test, Stall had been visiting her mother who gave her some wine to drink. He said his daughter had been doing well and working for him whenever he needed jobs completed.
“When you are an addict you can’t even have a glass of wine. It leads to other things — as in this case, meth,” Leuthold said. “In reviewing your record, I see you got close to the minimum sentences on each one. Here you had two charges of trafficking and thanks to Mr. Garverick, you got a great deal. Yet you act like you’ve never had a chance when in fact you’ve had more opportunities than most people who come into this court. No one is entitled to endless bites of the apple. You’ve had so many bites that you’re down to the core.”
Leuthold imposed the remaining time in prison on the 30-month sentence but said he would not oppose transitional control if the state requested it.
“You’re two years younger than me. If you’re going to get your act together, you’d better do it now,” Leuthold said. “You have given me no other choice than to sent you back to prison.”