BUCYRUS — A court case that predated the time that Judge Sean Leuthold took the bench was back in the spotlight on Monday in Crawford County Common Pleas Court.
Kylie Smith, 28, has been violating the terms and conditions of her community control in one form or another since she was placed on control in 2011. Smith pleaded guilty to one count of illegal cultivation of marijuana, a third-degree felony punishable with up to three years in prison. Later in 2011, she pleaded guilty to one count of possession of drugs, a fifth-degree felony punishable with up to one year in prison.
The case was originally heard by Judge Russell Wiseman, who sentenced Smith to continued community control after she violated the terms and conditions of her community control three separate times. In December 2016, Smith was sentenced to prison by Judge Leuthold and granted judicial release in February 2017.
Smith appeared in court on Monday to admit to allegations she violated the terms and conditions of her ongoing community control. According to probation officer Eric Bohach, Smith has failed to report for office visits since May. Bohach further noted that a hair follicle test revealed Smith had been on various drugs.
“Why did everything go to hell?” Leuthold asked Smith.
Smith told the court she attributed her return to drug use to the coronavirus, the lockdown and no activity.
“So, I suppose the person who you were living with had nothing to do with these bad choices? Every time you go back to Marion and back to your husband, everything goes off the rails,” Leuthold said. “Every time you do what I say you succeed. When you do what you want to do, you fail. You’ve failed at least 10 times and I’ve been dealing with you since I took the bench.”
Leuthold sentenced Smith to one year in prison on the possession of drug charges. He held the remaining three-year sentence and she will be placed back on community control when she is released.
“I’m going to try to help you one more time. People say I shouldn’t, and they are probably right,” Leuthold said. “Stop doing the same things over and over again. You will continue to fail. I hope this works because no one has tried harder to help you than I have.”
In other court action, Kelly Mollencopf, 25, of Bucyrus appeared to answer allegations that she violated the terms and conditions of her community control. In 2018, Mollencopf pleaded guilty to one count of permitting drug abuse, a fifth-degree felony punishable with up to one year in prison. She was placed on five years of community control.
According to probation officer Bohach, Mollencopf was tested for cocaine during a routine urine drug screen. The lab tests indicated it was cocaine in Mollencopf’s urine.
Leuthold ordered the matter set for a full hearing. Since Mollencopf tested clean today, she was released on a personal recognizance bond. Leuthold told her she is subject to continued drug screening and appointed attorney Grant Garverick to represent Mollencopf.
Ronald Lewis, 53, of Coal Grove, pleaded guilty to violating the terms and conditions of his community control. Lewis pleaded guilty to aggravated assault, a fourth-degree felony punishable with up to 18 months in prison. He has been on community control since the crime in 2018.
According to probation officers Stalter and Lesco, Lewis had failed to appear for office visits since March 2019. When Lesco finally contacted Lewis and ordered him to turn himself in, his reply to her was, “(Expletive) parole and (expletive) Crawford County.”
In a plea negotiation, Leuthold was about to sentence Lewis to a flat nine months. Since officer Lesco traveled to Bucyrus for the hearing, Leuthold gave Lewis an opportunity to apologize to her.
“I am very sorry. I didn’t mean to disrespect you,” Lewis said.
‘Because you apologized and have been respectful here today, I am going to reduce your sentence to a flat eight months in prison. When you are done with us, you are done with Crawford County,” Leuthold said.