BUCYRUS — Nicholas Crall-McIntyre, 26, was sentenced to one year in prison after a hearing in Crawford County Common Pleas Court on Wednesday to determine if he violated the terms and conditions of his community control. McIntyre pleaded not guilty to the charge.
McIntyre was placed on judicial release after being convicted on a fifth-degree felony charge for possession of drugs. He was assigned to Probation Officer Tim Heydinger for supervision.
Judge Sean Leuthold heard arguments from both the prosecution and the defense regarding the validity of the probation violation charge against McIntyre.
Assistant Prosecutor Ryan Hoovler presented the state’s case first, calling Probation Officer Chris Heydinger to the stand. Heydinger testified that he was assigned to supervise McIntyre on Oct. 18 after he was granted judicial release from prison.
Heydinger said he met with McIntyre briefly outside the courtroom and said he reiterated the general conditions that Leuthold had outlined in court. He set an appointment with McIntyre for the following Monday morning.
Heydinger testified that he received a call from McIntyre on Monday morning asking to reschedule the appointment to later in the day. McIntyre told Heydinger he had a job interview in Upper Sandusky. Heydinger changed the appointment to 10:45 that morning.
When McIntyre did not show up for the appointment, Heydinger called him several times but his phone would not receive voice messages. He also tried to contact McIntyer’s grandparents with whom he was to reside. Several attempts to contact them were unsuccessful.
Being unable to contact McIntyre, Heydinger asked for and received a bench warrant for McIntyre’s arrest. Heydinger was notified Dec. 12 that McIntyre had been involved in a pursuit by sheriff deputies.
Heydinger was told McIntyre fled the Wendy’s in Galion after injuring two deputies. He hit a house and then fled on foot with his passenger, another convicted felon.
Heydinger said he never got a chance to go over the rules of his community control with McIntyre because he never showed up for the original appointment, noting McIntyre never completed his drug and alcohol assessment and did not seek treatment ordered by the court.
While in custody, McIntyre refused to take a drug test and he did not pay court costs or the drug fine. But the issuance of the warrant was based on McIntyre’s failure to abide by the conditions of his community control. Heydinger also testified McIntyre had contact with a convicted felon, another violation of his probation.
McIntyre’s attorney, Tani Eyer, said her client could not have been guilty of violating terms and conditions of his community control because he had never been given the conditions and hadn’t signed, agreeing to abide by them.
In cross-examination, Heydinger confirmed McIntyre did not sign the conditions because he did not show up to the appointment.
Hoovler’s next witness was Detective Craig Moser of the Crawford County Sheriff’s Office. Moser testified he and detective Craig Wozniak were eating lunch at Wendy’s in Galion when they saw McIntyre ordering his lunch. Moser said McIntyre made eye contact with him and left the store. Wozniak called the department to see if the warrant was still active. He went up to McIntyre’s car, which was running, and informed him of the warrant.
Moser said he knew McIntyre and had contact with him about five times in the last 25 years.
Moser then approached McIntyre’s driver’s door and Wozniak stepped aside. As Moser opened the door to apprehend McIntyre, McIntyre hit the gas dragging Moser with him. When Moser let go of the door and hit the ground the door then hit Wozniak as McIntyre exited the east side of Wendy’s parking lot.
Moser testified that he injured his right knee in the incident and must see a surgeon to repair it. Moser and Wozniak then pursued McIntyre with lights and sirens. McIntyre turned left onto Walker Street, where he hit the corner of a house with his SUV. The house received damage to its vinyl siding and landscaping. McIntyre and his passenger then fled on foot. Wozniak pursued and captured both men.
Moser said when he was in the cruiser with McIntyre, he asked McIntyre why he had done that, to which McIntyre replied, “It was stupid on my part.”
Eyer cross-examined Moser and asked him the last time he had contact with McIntyre. Moser said he didn’t remember. Eyer confirmed that Moser was in plain clothes at the time of his encounter with McIntyre that day.
“Did you identify yourself to my client in Wendy’s?” Eyer asked.
Moser said he did not because he was waiting to see if the warrant was still active.
“Did you ask him if he knew who you were?” Eyer asked.
“He knows who I am,” Moser said. “He should have been able to tell by the big badge hanging around my neck.”
Leuthold confirmed that Moser opened the door, then Wozniak informed him of the warrant, and that McIntyre said he didn’t know he had a warrant.
“Did he ever ask you who the heck you were? Did he ask you why you were opening his door? Where was the other felon?” Leuthold asked.
Moser said he did not ask who they were or why he was opening his door. Moser did not realize the felon was with him because he was in the back seat. They discovered the felon during the foot pursuit when he exited the car after McIntyre hit the house.
The state rested and the defense called one witness, Wozniak.
Wozniak said he left Wendy’s to verify the warrant. As he finished his communication with the department and verified the warrant, he noticed McIntyre backing out. He said he advised him of the warrant, and he said he didn’t know there was a warrant for his arrest.
Wozniak testified that he captured McIntyre without incident after he found him tucked under a tree on an embankment behind the house he hit.
On cross-examination, Wozniak said McIntyre got his meal first and kept watching the detectives.
“He was backed up when I said, hey Nick, you’ve got a warrant,” Wozniak said.
Before rendering his decision, Leuthold asked the state, defense and McIntyre if they had comments. They all declined.
“It’s an interesting argument that the defense has put on in this case. But you can’t claim that you didn’t violate the terms and conditions of your community control when you failed to appear for your appointment to receive them,” Leuthold said. “That, in itself, is a violation. It just doesn’t work that way, Mr. McIntyre.”
Leuthold told McIntyre that, during the officers’ pursuit, he allegedly committed several felonies.
“You clearly knew these were officers. You fled the scene, there were lights and sirens, you hit a house, you seriously injured officers and you fled,” Leuthold said. “Detective Moser had a badge around his neck. The fact that you went back and forth over a warrant makes it clear that you knew you were talking to police officers. Your intent was to run and avoid apprehension.”
Leuthold then asked both attorneys for sentencing recommendations. Hoovler noted four previous felonies and prison time served since 2012.
“He never once came under the authority of the court. He absconded. Not only did he not show up, he associated with a known felon and assaulted two police officers,” Hoovler said. “The state would ask for him to be sentenced to 12 months in prison.”
Hoovler also noted that McIntyre faces several new charges as a result of this incident.
Eyer asserted that since he had never received the terms and conditions of his community control, he did not know he was breaking them. She moved that the state dismiss the charge that he violated his probation.
“This is about the worst violation I have seen. I told Mr. McIntyre I had a feeling I’d see him again,” Leuthold said. “He promised me I would not, but here we are. You never showed up for the first appointment. You have showed blatant disregard for the law, you have injured police officers, you put innocent bystanders in danger when you fled, and police had to pursue you. I sentence you to 12 months in prison.”