BUCYRUS — A Bucyrus man who escaped prison on a technicality appeared in Crawford County Common Pleas Court on Monday to plead guilty to violating the terms and conditions of his community control and to be sentenced by Common Pleas Court Judge Sean Leuthold.
Charles Irwin Jr., 52, of Bucyrus pleaded guilty to violating his probation by selling or offering a controlled substance and associating with felons or persons involved in drug activity.
Irwin was placed on community control in April after he pleaded guilty to five counts of aggravated drug trafficking, all fourth-degree felonies and each punishable with up to 18 months in prison. Irwin evaded prison due to a technicality in the law. However, the prison time could be imposed if he violated his community control.
Before sentencing Irwin, Leuthold heard from the state, defense, and Irwin himself. Assistant Prosecutor Ryan Hoovler told the court he was surprised at Irwin’s behavior.
“I thought he might make it on community control. I thought he understood what he was doing was wrong,” Hoovler said.
Irwin’s attorney, Edwin Bibler, told the court he was shocked when he was charged the first time. He said he’d known Irwin and it was out of character for him to behave in this manner. Bibler asked the court for a report date, citing that Irwin needed time to prepare for prison.
Finally, Irwin apologized to the court, the probation department, the state, law enforcement and his family. Irwin told the court he was trying to help addicts get off drugs but realized they can’t be helped.
“I’m not buying it Mr. Irwin. While you were so-called helping these addicts, you were being paid by them,” Leuthold said. “Heck, one of them left your house so high that she backed into an undercover agent’s car. You escaped prison last time by sheer luck and a quirk in the law. My hands were tied. We had a long talk about this. I don’t care what your motivation was, you were making money. You never help an addict by selling them drugs.”
Leuthold sentenced Irwin to six years in prison. He denied his request for a report date and ordered Irwin taken into custody.
In other court action, Willis Clary, 30, of Bucyrus pleaded guilty to possession of drugs, a fifth-degree felony punishable with up to one year in prison.
In a plea negotiation, Leuthold sentenced Clary to a flat eight months in prison. Clary was ordered to forfeit all drug-related property to the Crawford County Sheriff. He will receive 97 days of jail time credit.
“You have a terrible record. You’re a young guy and you seem like a smart guy,” Leuthold said. “All this stuff is drug-related. You have got to get off the drugs. There are programs in prison. Good luck to you. I hope I don’t see you again.”
Kayleigh Phillips, 24, of Nevada pleaded guilty to violating the terms and conditions of community control. She was sentenced to prison in March after she pleaded guilty to tampering with evidence and drug possession.
Phillips was granted judicial release in August and placed on community control. In October, Phillips tested positive for meth, methamphetamines, morphine, and fentanyl. Leuthold reimposed two years in prison on the tampering charges and dismissed the other case as unsuccessful.
“Bottom line is I gave you a shot. I’m sending you to prison because I want to keep you alive,” Leuthold said. “I will not oppose transitional control if the prison requests it.”
Phillips will receive credit for all jail time served.
Martha Wright, 43, of Galion pleaded guilty to violating the terms and conditions of her community control. She was placed on community control in May after she pleaded guilty to possession of drugs, a fifth-degree felony punishable with up to one year in prison.
In September, Wright failed to report for a scheduled office visit, then tested positive for meth and methamphetamines. She admitted to the drug use.
Leuthold sentenced Wright to a flat six months in prison. He said he would not oppose transitional control if the prison requested it.