BUCYRUS — Frankie Phipps, formerly of Marion, appeared in Crawford County Common Pleas Court for sentencing on a community control violation.
In 2019, Phipps, 36, was sentenced to four years in prison after he pleaded guilty to one count of burglary, a second-degree felony punishable with up to eight years in prison. Phipps was granted judicial release in October and sentenced to treatment at the Volunteers of America Treatment Center in Mansfield.
According to probation officer Chris Heydinger, the VOA granted Phipps a furlough to attend the funerals of his grandparents on January 24 in Kentucky. When Phipps returned on January 26, he tested positive for Suboxone. Phipps was released by the VOA due to having received maximum benefit from the program. Heydinger did not charge Phipps with a violation of his community control.
On March 11, Phipps tested positive for methamphetamines. At the time of the test and due to the ongoing pandemic, Common Pleas Court Judge Sean Leuthold decided to allow Phipps a 30-day personal recognizance bond. Leuthold told Phipps that his behavior while out on bond would determine his decision regarding sentencing.
During a routine drug test on March 20, Phipps again tested positive for Suboxone.
Before pronouncing sentence on Phipps, Leuthold allowed the state, defense, and Phipps himself to make statements.
Assistant Prosecutor Ryan Hoovler told the court that the defense had asked for chance after chance for Phipps to get treatment and each time he failed.
“He wasn’t able to stay off drugs and abide by the conditions of his community control,” Hoovler said. “The state would ask that the four-year prison sentence be imposed.”
Defense attorney Grant Garverick did not disagree with the facts of the case as outlined by the prosecution and probation officers. He said his client was trying to get into treatment the very day he had appeared in court the last time.
“Due to delays because of the virus, Mr. Phipps was pushed back,” Garverick said. “Had that not happened, he would have had a prescription for Suboxone. The Suboxone he took was from an old script he had.”
Leuthold asked Phipps if he had proof of the old prescription. Phipps said the old pill was from a daily dose pack he received.
Phipps himself said that he had every intention of getting into treatment and noted he was deeply affected by the deaths of his grandparents. He told the court he found some left over meth in his house and he could not resist taking it and that he took the old Suboxone so that he would not take harder drugs.
“I know this looks like criminal thinking, but it wasn’t. I was trying not to take harder drugs,” Phipps said.
Leuthold considered Phipps’ explanation.
“The violation here is for methamphetamines which have nothing to do with Suboxone. I have given you several breaks in this case,” Leuthold said. “I sentenced you to less than five years on a burglary so you could be judicial released, I let you out of prison after nine months, I sent you to the VOA rather than a community-based correctional facility. I allowed you a travel furlough to go to a funeral in Kentucky, I gave you a PR bond after you tested positive for methamphetamines and I gave you a 30 day period in which to prove yourself to me and potentially affect your sentence. You’re arguing Suboxone as an excuse for methamphetamine use.”
Leuthold then asked arresting officers Heydinger and Bohach about Phipps’ attitude. Heydinger told the court that Phipps refused to take responsibility and minimized his drug use. Bohach said that Phipps was combative and told the officers that he didn’t know how they could sleep at night doing what they do.
Leuthold then asked Hoovler for a review of Phipps’ record which dated back to 2013 for similar acts.
“You have several prior felonies. You did poorly on judicial release at the Volunteers of America. I don’t grant a lot of leeway on judicial releases,” Leuthold said. “You tested positive for methamphetamines and Suboxone. I told you I’d look at your behavior after 30 days and consider it in sentencing. I’ve given you countless breaks and you continue to violate. I am imposing the original four-year prison sentence. Take him out of here.”