BUCYRUS — Kenneth Higgins of Crawford County appeared in Crawford County Common Pleas Court on Monday and to plead guilty to violating the terms and conditions of his community control.
In February 2015, Higgins pleaded guilty to one count of aggravated burglary, a first-degree felony punishable with up to eight years in prison. Higgins and an accomplice robbed a store using a fake gun. Higgins was sentenced to five years in prison and was granted judicial release in January 2019 after serving four years of the sentence.
According to probation officer, Eric Bohach, Higgins had been supervised by the adult parole authority before being transferred to Crawford County. A routine records check revealed that Higgins had an OVI in Marion County. He pleaded in that case but allegedly did not report it to his supervising officer. A warrant was issued but Bohach told the court Higgins turned himself in. During a routine drug test, he tested positive for meth and methamphetamines.
Higgins chose to admit the violation and have his attorney argue on his behalf for the purposes of sentencing. Assistant Prosecutor Ryan Hoovler asked the court to reimpose the original prison sentence. He noted the seriousness of the underlying crime, the fact that he did not report a new crime and lastly that he tested positive for drugs.
“Mr. Higgins received an early release on an F1 aggravated robbery conviction,” Hoovler said. “You have one opportunity to prove to the court and community that you can complete community control. He should not get a second bite at the community control apple.”
Higgins’ attorney, Neil Huggins, told the court his client did report the new crime but used an automated system to report the OVI.
“Mr. Higgins has a good job. He is the only one to support and care for his ill mother,” Huggins said. “He has never failed a drug test.”
Huggins asked that community control be continued for his client.
Common Pleas Court Judge Sean Leuthold told Higgins that he must consider the very serious underlying crime.
“Before I make a decision on this case, I want Mr. Higgins drug tested today,” Leuthold said.
After a brief recess, probation officer Eric Bohach told Leuthold that Higgins tested positive for meth and methamphetamines. Leuthold reimposed the prison sentence and ordered Higgins taken into custody.
In other court action, Stacy Tyler, 36, of Galion pleaded guilty to two community control violations. In July, Tyler was sentenced to five years of community control after she pleaded guilty to obstruction of justice, a third-degree felony punishable with up to three years in prison.
According to probation officer Kylie Sinclair, Stacy refused to submit to a drug test in December after an encounter with Galion police. She was then drug tested two days later and tested positive for meth and methamphetamines. Sinclair noted that Stacy had also violated probation in July.
Leuthold sentenced Tyler to 21 months in prison.
Denny McNees, 49, of Galion pleaded guilty to one count of domestic violence, a third-degree felony punishable with up to three years in prison.
In a plea negotiation, Leuthold sentenced McNees to five years of community control. He must complete a domestic violence assessment and any follow up treatments. Leuthold ordered McNees to have no direct or indirect contact with the victim in this case.