By Krystal Smalley
ksmalley@wbcowqel.com
A two-month prison sentence did not seem to have a big enough impact on Jazmon Binion for her to avoid a second time being incarcerated.
Binion was granted judicial release in December after serving just two months of her 18-month prison sentence for assaulting a police officer and vandalism. Though Judge Sean Leuthold believed a prison sentence was necessary due to the seriousness of the crime, he also felt at the time that Binion’s actions were a one-time thing.
It turns out that Binion did not heed the judge’s warning. Binion was charged in Crawford County Common Pleas Court Tuesday with violating her community control when she caused physical harm to someone, provided false information to the Crestline Police Department, tested positive for cocaine and Benzodiazepines after submitting to a urine analysis, and consumed alcohol. The 21-year-old Crestline woman admitted to the positive drug tests and the state dismissed the other violations.
Leuthold re-imposed Binion’s 18-month prison sentence.
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Twenty-three-year-old John Romero of Galion pleaded guilty to fifth-degree felony theft and received a seven-month prison sentence. Romero must also pay a $120 in restitution to the victim.
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Two people will be serving short sentences in the county jail to begin their probation.
David Franklin admitted to violating his community control when he took clothing from Meijer in Marion and failed to report his conviction of misdemeanor one theft in Marion County to his supervising officer.
The 44-year-old Bucyrus man, who was placed on intervention in 2014, received five years on community control with 90 days spent in the county jail. Franklin must also pay a $1,250 fine and received a six-month driver’s license suspension.
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Thirty-three-year-old Jeremy Schaffer, of Bucyrus, may not have been prison eligible, but he will be serving a short stint in the county jail. Schaffer pleaded guilty to two counts of drug possession, both fifth-degree felonies.
Leuthold ordered a pre-sentence investigation and continued Schaffer’s bond. The recommended sentence included five years on community control, 75 days in the county jail, a six-month driver’s license suspension, a $2,500 fine, and forfeiture of drug-related property to the Bucyrus Police Department.
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Three more people will be serving community control sentences after entering guilty pleas.
Thirty-three-year-old Ronald Carver, of Galion, was placed on five years of community control on his 2013 diversion case and a 2015 theft case. Carver will also have to pay restitution to the Ohio Department of Jobs and Family Services in the amount of $4,732 for the 2013 case. He also has a total of $100 in restitution to two victims in the 2015 case.
“Another diversion success story,” Leuthold criticized. “It appears you’ve done very little in your life except get in trouble.”
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Twenty-one-year-old Jacob Morgan, of Bucyrus, pleaded guilty to receiving stolen property and Leuthold ordered a pre-sentence investigation. The recommended sentence included five years on community control and a $1,000 fine.
Twenty-five-year-old Andrew Kuenzli received a very small break thanks in part to statutes in Ohio’s laws.
Leuthold sentenced Kuenzli to three years in prison for violating his probation from a 2012 conviction on charges of aggravated vehicular assault, but was to be served concurrently to any sentence handed down in Seneca County on an OVI charge. Ohio statutes did not allow that, however, and Leuthold had to re-sentence Kuenzli to comply.
Leuthold ordered Kuenzli to community control, which will be terminated in order for Kuenzli to serve his Seneca County time.
“The resolution that we have come up with here doesn’t prejudice my client,” said defense attorney Adam Stone.
Kuenzli’s Seneca County prison time will begin on Feb. 10.
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Jessica Rumer of Bucyrus was charged with violating her community control. Rumer, who pleaded guilty to drug possession in 2014, was alleged to have possessed heroin on Feb. 5. She was also indicted on a fourth-degree felony drug possession charge earlier Tuesday morning. Leuthold set bond at $150,000 and appointed Brad Starkey as her attorney.
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Christopher Bryant of Upper Sandusky was also charged with probation violations when he allegedly tested positive for marijuana, opiates, and cocaine on Feb. 5. Leuthold set bond at $150,000 and appointed Brian Gernert as his attorney.
Bryant asked what kind of deal would be on the table if he admitted to the violations. He argued that this was the first time he had tested dirty after being out for one year.
“I don’t know what would make you think having a dirty test is no big deal,” Leuthold responded.
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