BUCYRUS — Richard Javens, formerly of Galion, appeared in Crawford County Common Pleas Court for arraignment on Monday.
His indictment came in 2015 but the court was unable to locate Javens, 34, who was charged with burglary, a second-degree felony punishable with up to eight years in prison.
According to testimony, Javens had been living in Florida where he was on probation for petty theft from Walmart. Javens told the court he got permission from Florida probation to return to this area. He was in town to secure employment and housing and was living with his mother when he was arrested on the burglary charge.
Common Pleas Court Judge Sean Leuthold questioned whether Florida authorities could allow him to return to Ohio while he was on probation there.
Javens told the court he had employment here and housing. He said he had submitted to have probation moved to Crestline, but it was rejected. He said he resubmitted paperwork to come to Galion.
Leuthold said he had to consider several factors when determining bail, most importantly was whether he was supposed to be in Ohio since he is on active probation for theft in Florida. Leuthold noted that Javens had felony charges before, during and after his time in Florida.
Leuthold entered a plea of not guilty on Javen’s behalf. Attorney Brad Starkey was appointed to represent him, and bond was set at $100,000.
As Javens was led from the court room the judge heard him say, “This is bull shit.”
Leuthold immediately ordered him back into court and sentenced him to an additional 30 days in jail for contempt. That 30 days is to be served after all other sentences are completed.
In other court action, Joshua Zarcone, 30, of Bucyrus appeared to plead guilty to violating the terms and conditions of his community control.
Zarcone was placed on five years of community control following his judicial release for trafficking drugs, a fifth-degree felony punishable with up to 12 months in prison. Zarcone violated the terms and conditions of his community control in March and was sentenced to 30 days in jail and community control continued.
In a rare move, Leuthold allowed Zarcone to plead without his attorney. Zarcone notified the court that he has an ongoing battle with drugs and cannot complete community control. He asked that he be permitted to return to prison and complete his sentence.
“I normally don’t allow a defendant to plead before consulting with an attorney,” Leuthold said. “Mr. Zarcone is a smart man and knows himself well enough to stay he cannot complete community control. If he wants to go to prison, I won’t stand in his way.”
Leuthold imposed the 12-month prison sentence. Zarcone will receive credit for jail time served. Leuthold told Zarcone he would not oppose transitional control if the prison requests it.
Michael Carter, 36, of New Bloomington appeared to be sentenced on felony non-support charges, a fifth-degree felony punishable with up to 12 months in prison. Carter was sentenced to one year of community control and ordered to pay arrears in the amount of $23,296.70 and keep current on his monthly obligation of $278.68.
Leuthold told Carter to get busy and get to work. Carter told the court he is a general laborer and that it had been too wet to work. He also noted that he has no driver’s license as they were suspended for not paying child support.
‘You’ve been given a long time to fix this. It appears you haven’t paid for your child in six or seven years,” Leuthold said. “You had driver’s license and it hasn’t been too wet to work for the past seven years.”
Leuthold told Carter that excuses don’t work in his court room.
“This is not domestic court. You don’t get to come in here with excuses or a list of all the places you’ve applied for work,” Leuthold said. “You’re not going to get a pat on the back and all kinds of extension in my court. You are on felony probation now.
“This is much more serious here,” Leuthold continued. “I can and I will send you to prison if you don’t get to work and pay this support. You’re not punishing the mom by not paying, you are punishing your daughter. She has plans and goals and this money could help her a lot. Things have gone bad for a long time. You have to get this taken care of.”
Michael Lucas, 28, of Bucyrus pleaded guilty to violating the terms and conditions of his community control. According to probation officer Chris Heydinger, Lucas was arrested in Bucyrus in March and charged with domestic violence and obstruction of justice. He pleaded guilty to obstruction and the domestic violence charge was dropped.
In a plea deal, Lucas was sentenced to seven months in prison, receiving credit for jail time served. Leuthold said he would not oppose transitional control.