BUCYRUS — Kylie Smith of Meeker pleaded guilty to violating the terms and conditions of her community control Monday in Crawford County Common Pleas Court.
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. She was granted judicial release in February 2017.
According to probation officer Mark Alspach, Smith tested positive for and admitted to using heroin. Smith is pregnant and due in August.
An aggravated Judge Sean Leuthold decided to take some time to decide how to sentence Smith.
“You have a long history with this court, and you have 48 months of prison hanging over your head. I’ve done everything to help you,” Leuthold said. “I’ve had you in a community based correctional facility, and the ISAT (Intensive Supervision and Treatment) program. You buck the system in a slowly passive-aggressive way. It’s always a fight with you. Every time you do things your way, you end up back here. Now there’s a baby due in August and you’re using heroin.”
Leuthold said he would sentence Smith next week, indicating he would confer with Assistant Prosecutor Ryan Hoovler, Officer Alspach and her attorney, Brad Starkey, before deciding sentence.
In other court action, Ian Webb, 19, of Bucyrus pleaded guilty to violating the terms and conditions of his community control. Webb was placed on five years of community control after pleading guilty to one count of possession of drugs, a fifth-degree felony punishable by up to 12 months in prison.
According to probation officer Eric Bohach, Webb failed to report for office visits as of February 2019 and a warrant had to be issued. After Webb was arrested, he refused a urine screen for drugs and admitted to using marijuana laced with fentanyl.
Before passing sentence, Leuthold inquired about some posts that were made on Facebook while Webb was on the lam.
“Are you E-Day on Facebook?” Leuthold asked.
Webb said he had taken that name because he got into music.
“These are some interesting posts by E-Day; ‘F— Crawford County. They actin like I’m a menace to society or sum. Y’all are about to work for you money bitch,’” Leuthold said. “Then there’s more, ‘F— this lame ass county and f— them hoe ass.’”
“You said you’re into music. Creative men most often are intelligent,” Leuthold said. “In the name of all that is good why did you think you should abscond? With guys like Bohach and Heydinger looking for you there wasn’t a chance.
“Then you bad mouth the court system? How did you think that was a good idea?” Leuthold asked.
“It was not a good idea and I apologize,” Webb said. “I was being influenced by my friends and stuff and it was wrong.”
“Let me ask you this; all these people who encouraged and thought this was so funny, did they come visit you in jail, did they post your bond?” Leuthold asked. “Doing stuff so that you’re cheered on like this is stupid. I’m not going to hold this against you because I do think you seem contrite and sorry.”
Leuthold sentenced Webb to 11 months in prison. He told Webb that because his attitude was better, he would not oppose transitional control.
“When you get out don’t do this stuff again,” Leuthold said.
Robert Fisher, 33, formerly of Mansfield appeared in Common Pleas Court for violating the terms and conditions of his community control.
Fisher was sentenced to prison after pleading guilty to felony domestic violence, a third-degree felony punishable with up to 36 months in prison. He was granted judicial release in May 2018 and spent six months in the Crawford County Jail. He was then placed in the Volunteers of America program in Mansfield.
He was terminated from that program in April. Leuthold noted that Fisher had committed many egregious offenses in the program.
“I let you out and put you into a program and it didn’t work out,” Leuthold said. “I’ve read their report and there are many offenses. I’m not going to embarrass you by reading them. I wanted you to do well. You could’ve tried a little harder.”
Fisher had his original 36-month prison sentence reimposed. He will receive credit for jail time served.