BUCYRUS—A three-judge panel consisting of Judge John R. Willamowski, Judge Juergen A. Waldick, and Judge William R. Zimmerman heard the appeal arguments of a Bucyrus man Tuesday in the Crawford County Common Pleas Court.
Presiding Judge Mark C. Miller is the Court’s fourth judge.
Henry Allen Jr., 47, of Bucyrus, is currently incarcerated on a case stemming from October of 2022.
Allen was found guilty of two counts of telecommunication harassment, each a fifth-degree felony and each punishable with up to 12 months in prison.
Visiting Judge Daniel T. Hogan sentenced Allen to community control with the stipulation that he receive a mental health assessment, a drug and alcohol assessment, and all associated treatment.
In April, Allen was found guilty of violating the terms and conditions of his community control. Judge Hogan ordered Allen to serve 12 months in prison.
At the heart of the appeal argument is whether or not Allen used the telephone with the specific intent to harass the victim.
According to Allen’s appeal attorney, William T. Cramer, his client was wrongfully convicted. According to Cramer, while his client did make the calls, and his words were reckless, there was no intent to harass.
Allen reached out to the Crawford County Sheriff’s Office several times in an effort to get his residential gas service turned back on. Despite dispatchers telling him they had no control over the issue, he continued to call. Allen became increasingly frustrated.
Cramer explained to the Judges that Allen had a previous interaction with emergency personnel over a gas leak. He called dispatch to report a suspected gas leak.
Because Fire and Sheriff Deputies showed up at his home, he thought they had control over the situation.
Cramer told the Court his client’s words were reckless but resulted from his exasperation over the unresolved issue.
Cramer contends the jury should have had an opportunity to consider the lesser behaviors of disorderly conduct.
“He was just trying to get his gas on.” Cramer said.
Cramer noted that Allen’s original defense attorney, Thomas Nicholson, requested the Court give the jury a choice between harassment and disorderly conduct, a lesser charge.
Cramer contends the error came when Judge Hogan placed the focus on harassment rather than disorderly conduct.
There was no dispute that Allen made the calls. His intent is in question.
Cramer asked the Court to reverse his client’s conviction.
The Court is expected to rule on the appeal in the near future.
Crawford County Common Pleas Court Judge Sean Leuthold provided his courtroom for the hearing and had this comment for Crawford County Now:
“It was a pleasure to have the Third District Court of Appeals visit Crawford County. This visit allowed citizens to view the appellate process firsthand. Hopefully they will visit our county again in the near future.”