BUCYRUS — Kylie Smith of Marion narrowly avoided going to prison when she appeared in Crawford County Common Pleas Court for sentencing on Thursday.
Smith, 27, was originally charged in 2011 with cultivation of marijuana, a third-degree felony punishable by up to 36 months in prison and possession of drugs, a fifth-degree felony punishable with up to 48 months in prison.
She was placed on community control but violated the terms and condition of her parole, resulting in a prison sentence in 2016. Smith was granted judicial release in February of 2017.
According to probation officer Mark Alspach, Smith tested positive for and admitted to using heroin. Smith is pregnant and due in August.
Common Pleas Court Judge Sean Leuthold took some time to decide her fate and handed down his decision on Thursday.
Smith’s attorney, Brad Starkey, told the court that Smith had some success with completing the ISAT (Intensive Supervision And Treatment) Program. He noted that she also completed community-based correction facility treatment and Teen Challenge, another drug treatment program.
Leuthold noted that as long as Smith does what he tells her to do she is successful.
“But when she fails, here she is begging for another chance,” Leuthold said. “She goes back to her same ways over and over. Her relapse is understandable, but the reason baffles me.”
Noting that he was sitting there looking at Smith who has done cocaine, looking at prison and on top of it all is pregnant.
“Well done! You’re so smart at running your life and here we are!” Leuthold said. “You can’t run your own life, but you can ruin it. I’m sick of you constantly doing everything half-assed. I told you not to get a tattoo. So, what do you do? You get a tattoo on your face!
“You branded yourself a loser,” Leuthold continued. “All you want to do is be a bad joke. You’re pregnant and using drugs. There’s nothing worse!”
Leuthold said he’d like to send Smith to prison and forget about her. He noted that now there is a child involved.
“I’m going to try one more time with you. I understand this is a complicated pregnancy and my first obligation is to get a healthy baby born,” Leuthold said. “The child is innocent. But I’m telling you that you will not live in Marion anymore.”
Leuthold ordered Alspach to keep very close tabs on Smith.
“I want her ass in here every day for testing. If she misses for any reason, I want a warrant for her arrest,” Leuthold said. “I will see her ass in prison before she further endangers this child. One screw up and I will send you to prison and forget all about you.”