By Kathy Laird
CCN Correspondent

Crawford County Common Pleas Court Judge Sean Leuthold returned Brandon A. Borders, 20, most recently of Marion to prison Wednesday. Leuthold had a hearing to determine if Borders had violated the terms and conditions of his community control.

Seeming defiant and verbally aggressive, Borders remained handcuffed and closely guarded by court security during the hearing. Attorney Grant Gaverick represented him.

Borders originally was charged with having weapons under disability when he was reported to be heading to the Crazy Fox Saloon with a firearm. He was sentenced to prison for 36 months on the charge in 2016. He was granted judicial release after serving three months in prison.

He received his first community control violation in March 2017 and was continued on community control, but ordered to successfully complete treatment at the Volunteers of America Halfway House in Mansfield.

In January 2018, Borders appeared before Leuthold for his second community control violation. During that hearing Borders’ court-appointed attorney Jeff Stoll worked with the court to get Borders the mental health treatment he needed. Stoll agreed to be Border’s guardian during the proceeding.

Considering the circumstances of Border’s life issues, Leuthold agreed to let Borders live in Marion with his Grandmother and placed him on a curfew. Borders was allowed to be free from 8 a.m. to 8 p.m., daily.

Adult Probation Officer Eric Bohach filed a motion for a probation violation following an evening home visit to Border’s grandmother’s house in Marion. The grandmother informed Bohach that Borders had been asked to leave the home a few days prior to his visit.

A family member reached Borders on the phone to speak with Bohach and he agreed to meet him at the Galion Police Department to discuss the violation.

When Borders arrived at the Galion Police Department he allowed Bohach to look through his cellphone. Bohach testified that his original intent in looking at the phone was to verify Borders’ story as to why he was in Galion.

The first two photos on the phone were selfies of Borders brandishing a semi-automatic handgun. At first, Borders tried to say the gun was a BB gun, but after Bohach pointed out the serial number clearly visible on the gun, Borders admitted it belonged to a friend.

Borders claimed that the photos were old photos. Bohach testified that when he checked the file dates on the phone those photos were saved to the phone on Feb. 1, 2018 at 5:47 a.m.

In cross-examination by Gaverick, Bohach agreed that the photos could originally have been taken some time ago and then forwarded to Borders’ phone on the day in question.

“What I can tell you is that the file containing these two pictures was downloaded to Brandon’s phone on Feb. 1,” Bohach said.

Bohach went on to testify that when Borders submitted to a urinalysis test Feb. 22, he tested positive for marijuana and cocaine. Borders admitted to the marijuana, but said he did not do any cocaine.

In total, Borders violated the terms and conditions of his community control on three separate instances. He was not at his assigned address after 8 p.m. when Bohach visited the residence in Marion, he did not report a change of address and failed a routine drug test.

Before and during the trial, Borders made repeated outbursts declaring that he had no help, he was abused as a child and all he wanted was help.

Leuthold allowed Borders to speak to the court before his decision.

“I was always a good kid; my dad beat me my whole life,” Borders said. “I don’t want to be like my dad; in and out of prison. I was scared I was going to get into trouble so I didn’t call my PO (probation officer.)”

Borders’ attorney Grant Gaverick told the court Borders’ violation was an unintentional violation.

“He had nowhere to go; he had to leave the house. There’s not enough evidence to prove the gun was in his possession while he was on community control,” Gaverick said. “I would ask the court to come up with a different solution.”

Before passing the sentence, Leuthold said he was moved by Borders’ testimony.

“There’s no question Mr. Borders has had a difficult life,” Leuthold said. “He has had a guardian in the past and Mr. Stoll took extreme measures to help him so we could keep him out of prison. I know he struggles with some issues. We have had 15-20 outbursts in court today”.

Noting that everyone has gone above and beyond to help Borders, Leuthold said there also is a case of public safety that must be considered.

“He’s had firearms in the past, now we have another firearm being brandished about along with drug use,” Leuthold said. “I must weigh what’s good for Mr. Borders and Crawford County.”

Leuthold ordered Borders returned to prison for the remainder of his 36-month sentence, but noted that he would recommend transitional control for Borders.

In parting words, Borders yelled, “Thanks, maybe I can see my dad”.

Extremely agitated at the outcome of his hearing, Borders became combative while being transported by to the Crawford County Justice Center.