BUCYRUS — Kristen Nicholson, 25, of Bucyrus admitted to violating the terms and conditions of her community control. She appeared in Crawford County Common Pleas Court on Wednesday.
Nicholson, who is presently six months pregnant, admitted to using the drug Vicodin. Judge Sean Leuthold accepted her guilty plea and then listened to arguments from the state, defense, Nicholson and her mother regarding suggested sentencing.
Assistant County Prosecutor Ryan Hoovler spoke on behalf of the state, explaining to the court that this was a judicial release case. Nicholson spent six months of a 30-month sentence in prison on theft and drug possession charges. Hoovler noted that she had violated one month after release and was given a break and was allowed to remain on community control.
“After she was given a break and continued on community control, she continued to use illegal substances,” Hoovler said. “She is pregnant. The state would ask the court to impose the rest of her 30-month sentence.”
Nicholson’s attorney, Tani Eyer, argued for continued community control. She explained that Nicholson had picked up a plastic gun and thrown it at the father of her children. Eyer explained that she had fulfilled all obligations related to that case.
Eyer went on to explain that her client had slipped and fallen. The father of her children gave her a Vicodin for the pain. She did not seek medical attention for the fall. Eyer contended that her client had passed all drug screens before this incident. She asked the court to take into consideration that her client is pregnant.
“She will do whatever this court asks her to do. She obviously does not want to deliver a baby in prison,” Eyer said. “We ask the court to take that into consideration.”
Nicholson’s mother told the court her daughter had been living with her and doing well since she was released from prison. She said her daughter stays home and spends time with her son.
Nicholson herself addressed the court, saying that she had been doing well. She said she was upset at learning she was pregnant.
“I thought it was selfish to bring another baby into the world. As I got used to the idea, this pregnancy has helped me stay on track,” Nicholson said. “But most of all, I want to apologize to my son for leaving him again.”
“Bringing a baby into the world is not a selfish thing,” Leuthold said. “But bringing a drug-addicted baby into the world is very selfish.”
Leuthold told Nicholson he was very frustrated with her.
“You have an answer and an excuse for everything,” Leuthold said. “This guy keeps coming in and out of your life, yet everything seems to be his fault.”
Leuthold then did something with sentencing he said he rarely does. On the theft charge, he imposed 12 months in prison. On the possession of drugs charge, he sentenced Nicholson to 18 months on community control. She will be placed on community control after she completes her prison sentence.
Leuthold did not rule out the possibility of an early release from prison.
“I’m not going to let you run around six-months pregnant and doing drugs,” Leuthold said. “In prison, you’ll get the prenatal care you need and hopefully deliver a healthy baby.
“This sentence is strike two,” Leuthold added. “This is more for the safety of this unborn child than punishment. Get your head on straight and come home. This is your last chance. Strike three and you are out.”
In other court news, a man that had been on the lam from law enforcement for nearly eight years learned his fate on Wednesday.
Richard Parker, 42, of Chatfield will do some jail time. A warrant was issued for Parker in 2008 after he failed to appear for violating the terms and conditions of his community control. He failed to report his address or place of employment.
After years of evading law enforcement, Parker turned himself in earlier in December. However, after completing a drug screen, Parker tested positive for marijuana in his system.
Judge Leuthold sentenced Parker to 320 days in jail with credit for 290 days already served.
“Look, I was going to let you go today, but you smoked weed,” Leuthold said. “You turned yourself in knowing you had smoked weed. What were you thinking? I hope you enjoyed that weed.”
Leuthold admonished Parker not to go back to old behaviors.
“You’ve been good for the last eight years. But don’t think you can go back to your old ways,” Leuthold said. “You are not a good candidate for community control. I’m a different judge than the judge that originally sentenced you. I don’t put up with this crap in Crawford County.”