BUCYRUS — Robert Heefner of Crestline drew the ire of Crawford County Common Pleas Court Judge Sean Leuthold during a sentencing hearing on a community control violation.
Heefner, 36, was placed on community control in June after he pleaded guilty to felonious assault, a second-degree felony punishable with up to eight years in prison. As part of a plea negotiation, Heefner was sentenced to five years of community control.
According to probation officer Jeremy Clay, Heefner failed to report contact with law enforcement after he was found drunk and passed out on a lawn. He was also seen several times on security video at bar consuming alcohol.
Before Leuthold accepted a plea negotiation, Heefner’s court-appointed attorney, Brad Starkey, told the court his client had been fighting in juvenile court for visitation with his child. He also noted that it was Heefner’s own mother who took him to the bar on the night in question.
“Here’s the problem. You’re acting like this is our entire fault. I gave you community control on a second-degree felony assault charge,” Leuthold said. “You’re out in the public stupid drunk, passed out on somebody’s lawn and acting like a complete maniac. You didn’t care that the whole county knows you are on probation for a felony. You can’t run around drunk in public. In what world do you think that’s ok? You are not allowed in bars for a reason. Bars mean drinking and fighting. You can’t hang out in bars where there are fights for the whole world to see.”
Leuthold imposed four years in prison on Heefner. However, he will be granted judicial release after six months.
“When you get out, behave yourself. That’s all we’re asking,” Leuthold said. “I’m not asking you to split the atom or anything fantastic. Just stay off the booze and out of the bars.”
In other court action, Kevin Lammie, 28, of Upper Sandusky was sentenced to three years in prison after he pleaded guilty to one count of possession of drugs, a third-degree felony punishable with up to three years in prison.
In a plea negotiation, Leuthold sentenced Lammie to the maximum sentence and agreed to a judicial release after six months. He will receive credit for approximately two and half months and will forfeit all drug-related property to the Bucyrus Police Department.
Lammie apologized to the court, saying he was strung out for the first time in his life.
Corey Montgomery, 35, of Mansfield pleaded guilty to one count of possession of drugs, a fifth-degree felony punishable with up to one year in prison. He chose to argue sentence before Leuthold.
Assistant Prosecutor Ryan Hoovler detailed Montgomery’s lengthy record with multiple prison sentences as recently as 2018. Hoovler asserted that after he received the new felony charge, while awaiting sentencing, he was on pretrial supervision.
Montgomery then checked himself into a rehab facility to avoid prosecution. He contacted his supervising officer from the rehab facility. Montgomery was in a different sober living facility when he relapsed and went into a yet another facility.
Leuthold asked supervising probation officer Jeremy Clay if Montgomery had called him to tell him he relapsed first or just checked himself into rehab. Clay told the court Montgomery only contacted him after he was in the new rehab facility.
“So, he didn’t volunteer this to you, he did the 23 skidoo and then told you when he was in treatment. Am I right?” Leuthold said.
Clay confirmed that the judge was correct.
Hooveler asked Leuthold to impose a sentence of 11 months in prison.
Court-appointed defense attorney Brad Starkey told the court his client would not disagree with most of the state’s assertions. Starkey said his client went into treatment because he thought he was doing the right thing and that his client had found a program that is working for him.
A case worker for the center where Montgomery is receiving care explained to the court the intensive treatment requirements to stay in the program, that patients have intensive outpatient treatment.
Patients are tested daily and stay at a sober living motel where they have an 8 p.m. curfew and must be in their rooms by 10 p.m. They receive intense mental health care to treat the underlying conditions that trigger addiction and relapse. Montgomery has been in the program a little less than a month, but the case worker said he has done well.
Montgomery testified that he did not go to rehab to avoid punishment and that he expected to be punished for the possession. He said that all his past crimes were all drug related. He said he feels he is getting to the underlying mental health conditions that have contributed to his addiction and feels hopeful. He told the court he was learning a lot and wanted to complete treatment.
“I have a whisper of hope here. I am going to order you to stay in the program for now,” Leuthold said. “There are to be no more new infractions or bad drug tests.”
Leuthold told Montgomery he was going to be a little creative in the sentencing, ordering Montgomery to report to the Crawford County Jail on January 15, 2021 to serve 30 days in jail.
“The good news is I’m putting the ball in your court, but the bad news is that I’m putting the ball in your court. I wish you luck,” Leuthold said.