By Gary Ogle
gogle@wbcowqel.com
Neither Assistant County Prosecutor Ryan Hoovler nor Judge Russell Wiseman saw any reason to delay the inevitable despite the arguments of attorney Tim O’Leary on Thursday.
Forty-one-year-old Jason Utz was returned to prison for a total of four years and six months as a result of violating his community control. Utz was on community control in two cases following convictions of failure to duty to register and drug possession. He will receive considerable credit for time served.
O’Leary argued that the hearing should be delayed until Utz underwent diagnostic testing scheduled for the next day at a local hospital. According to the defense attorney, Utz’s condition could potentially be life threatening.
Hoovler argued the hearing should continue as scheduled. Wiseman indicated that the testing and potential treatment Utz might require would be provided in a timely manner by the prison system.
“I have faith in the medical care provided by the prison system,” Wiseman said.
Just as probation officer Ken Dyer was being called to testify, Utz changed his plea and admitted he failed to report to Dyer as required and told Dyer he stole prescription medication.
O’Leary asked for an extended period of community control, citing Utz’s successes and sobriety while on probation.
Wiseman, noting his previous experience with Utz, said, “Jason and I know what’s going on. I have no choice but to revoke his probation and re-impose his prison sentence.”
Two people chose to forego the grand jury process and pleaded guilty to bills of information Thursday in Crawford County Common Pleas Court. One went to prison while the other was placed on community control. Their cases are unrelated.
Gary Gallant pleaded guilty to fourth-degree felony drug passion and apologized to Crawford County and his family for trying to sell heroin in December. Gallant was sentenced to 15 months in prison and fined the mandatory $2,500 drug fine.
Sarah Lewis pleaded guilty to fourth-degree aggravated assault and was sentenced to five years of community control. Lewis was also ordered to undergo a drug and alcohol assessment and to have no contact with the victim.
Christopher Sprague was in court for an initial hearing on an alleged community control violation. Sprague is accused of having several positive drugs tests and admitting to illegal drug use. Wiseman appointed Andrew Motter to represent, Sprague, continued the case for a full hearing and set bond at $75,000.