BUCYRUS — A man released from prison just 45 days ago pleaded guilty to violating the terms and conditions of his community control.
David Greene formerly of Lebanon, appeared in Crawford County Common Pleas Court on Monday. Greene, 35, was sentenced to five years in prison in 2015 after he pleaded guilty to aggravated robbery, a first-degree felony punishable with up to eight years in prison. Greene was granted judicial release on January 3 after serving four years in prison.
According to probation officer Chris Heydinger, Greene submitted to a urine drug screen on February 11 which resulted in a positive test for sub Oxone and on the same day was in possession of two bottles of whiskey. He also tested positive for alcohol and admitted use of both.
Common Pleas Court Judge Sean Leuthold accepted Greene’s guilty plea and allowed both the state and the defense to argue appropriate sentencing.
Assistant Prosecutor Ryan Hoovler told the court that Greene had committed very egregious aggravated robbery. He noted that Greene had served four years of the five-year sentence.
“He had one opportunity to show the court and the public that he could complete community control successfully,” Hoovler said. “He violated twice in 45 days. He has failed on community control. The state does not believe he deserves another chance. We would ask the court to impose the remainder of his prison sentence.”
Defense attorney Tom Nicholson told the court that the state presented one side but that there was another side to the issue. Nicholson contended that while Greene’s actions were against community control regulations, they didn’t harm anyone.
“There is truth to the case but it (the punishment proposed) is not just,” Nicholson said.
Nicholson told the court that his client’s family needed him to work and support them.
“We ask mercy of the court, not for Mr. Greene but for his family,” Nicholson said.
When asked if he had anything to say before sentencing, Greene spoke to the court.
“I slipped up. I was trying to get mental health treatment. I want to do better for my family,” Greene said. “It’s hurting them more than it will hurt me if you send me back to prison.”
Leuthold told Greene he was not without sympathy for his family.
“I have a lot of sympathy for your family. Mr. Nicholson made a lot of good points for you. But we have two violations in 45 days of drinking and drugs with a very serious underlying crime of aggravated robbery,” Leuthold said. “You have put yourself and your family at risk. I begged you not to violate your community control when I gave you judicial release. I warned you not to do it and now here we are.”
Leuthold imposed the remainder of the five-year sentence and ordered Greene returned to prison. Leuthold told Greene he would not oppose transitional control if the prison requested it.
In other court action, Zachary Bishop, 29, of Bucyrus was sentenced to 90 days in jail after he admitted violating the terms and conditions of his community control. Bishop was sentenced to five years of community control in 2017 after he pleaded guilty to one count of complicity, a third-degree felony punishable with up to 36 months in prison. He was then sentenced to prison in 2019 after he admitted violating the terms and conditions of his community control. He was later granted judicial release.
On December 16, Bishop tested positive for morphine and hydrocodone and admitted the use. In a plea negotiation, Bishop will spend 90 days in jail and then be continued on community control.
“This can’t happen again. This is your last chance,” Leuthold said.”
Teresa Howard, 45, of Galion pleaded guilty to two counts of possession of drugs, each a fifth-degree felonies and each punishable with up to 12 months in prison.
As the result of a plea agreement, Howard was sentenced to six months on each count for a total of 12 months in prison.
Jayla Alspach, 29, of Bucyrus pleaded guilty to one count of possession of drugs, a fifth-degree felony punishable with up to 12 months in prison. In plea agreement, Alspach was sentenced to a flat eight months in prison. She was ordered to forfeit all drug-related property to the Bucyrus Police Department. Alspach will receive credit for jail time served.