By Gary Ogle
gogle@wbcowqel.com
Crawford County Common Pleas Court Judge Sean Leuthold conceded a case of felony fleeing that went before him Tuesday was unusual in part because of the actions and character of the defendant. So much so that although the judge sentenced 20-year-old Stephen Walters to 36 months in prison, he did agree to neuro-psychological testing prior to Walters’ transfer to prison.
“It appears to be completely out of character,” Leuthold said at the change of plea hearing when he noted that Walters had no previous record of misbehavior at any level. “This is a situation where he basically pulled up and challenged a state patrolman to a drag race.”
According to Assistant Prosecutor Ryan Hoovler, Walters was driving a sports car with a 16-year-old passenger when he pulled up beside an Ohio State Highway Patrol car. Then according to Hoovler, “he punched it.”
The ensuing high speed chase exceeded 100 miles per hour and only ended when Walters wrecked the car. The judge noted that the speed and presence of a juvenile alone warranted a maximum prison sentence
In accordance with the plea agreement, Walters was sentenced to the 36-month maximum prison term for the third-degree felony, fined $2,000 and given a lifetime driver’s license suspension.
Given the opportunity to speak prior to sentencing, Walters, who is from Galion, said very little in a low voice other than he accepted the consequences for his actions.
His attorney, Adam Stone, had more to say.
Describing Walters as a young man who was a staunch church-goer, active in the choir and a talented self-taught musician capable of playing several instruments, Stone said the actions leading to Walter’s arrest and indictment were “an anomaly.”
Stone further asked that Walters’ transfer to a state prison facility be delayed long enough for a neuro-psychological test to be given that he believed may shed light on mitigating circumstance contributing to the incident.
Leuthold admitted Walters’ case was not based on the usual circumstances for felony fleeing where the defendant had committed another crime or was wanted by authorities.
The judge took the further step in not only agreeing to keep Walters in the county jail until the test is completed, but also to consider the final evaluation in a possible motion for early release.
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The judge was not nearly as intrigued or perplexed by the case of 22-year-old Cody Barthalow of Bucyrus. Barthalow had previously pleaded guilty to felony five drug possession, but tested positive for drugs when he came to court.
Barthalow apologized to the judge for that incident on Tuesday.
“If I could, I would send you to prison like that,” Leuthold said, snapping his fingers.
Referring to Barthalow’s extensive list of misdemeanors and frequent appearances in Municipal Court, the judge explained matter-of-factly that Common Pleas Court worked much differently and the consequences were much stiffer.
“I have zero faith you are going to behave yourself,” Leuthold said.
Barthalow was sentenced to five years of community control, fined $1,250, ordered into drug and alcohol treatment and ordered to forfeit all drug-related items to police.
Should Barthalow fail to successfully complete community control he is subject to a prison sentence of 12 months.
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