By Krystal Smalley
ksmalley@wbcowqel.com
Crawford County Common Pleas Court went for the hat trick on lengthy prison sentences Wednesday.
Thirty-two-year-old Joseph Murphy, of Galion, started out the round of prison sentences by pleading guilty to the illegal manufacture of drugs, a first-degree felony, and permitting drug abuse, a fifth-degree felony. The two pleas combined for a total of four years and 11 months in prison.
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Adam Gallegos admitted to violating his community control on a 2011 burglary case and was sentenced to four years in prison. The 23-year-old Bucyrus man admitted to possessing crack cocaine and testing positive for benzodiazepines in August.
Judge Sean Leuthold’s hands were tied on handing down a harsh sentence like he is known to do for a probation violation on a second-degree felony.
“I’m not sure what my sentence would be, but Judge Wiseman has limited me in this matter,” Leuthold said.
Former Common Pleas Court Judge Russell Wiseman sentenced Gallegos to three years of probation in 2013, though he noted that Gallegos could get four years in prison – rather than the maximum eight years – if he failed on community control.
Those circumstances finally came into play Wednesday afternoon. Along with the four-year prison sentence, Gallegos will have to serve a mandatory five years on post-release control. A new drug possession charge was dismissed as part of the agreed-to sentence.
Another interesting case came before Leuthold that resulted in a prison sentence that was not as long as it could have been.
Fifty-one-year-old John Yeater, of Galion, pleaded guilty to aggravated burglary, a first-degree felony, and received a four-year prison sentence.
Leuthold noted that it was the circumstances of the case that led the court to go along with a sentence that was less than half the maximum for such a serious crime. According to the judge, Yeater and the victim knew each other. The story turned even more convoluted when Leuthold said that there was a possibility the victim first stole from the defendant before Yeater decided to take matters into his own hands.
“The defendant decided to help himself” rather than go to the authorities, Leuthold said. “This is a difficult case.”
“I’m going to prison because the law didn’t show up,” Yeater said when given the opportunity to speak.
“You made a bad decision; you’re not allowed to do this,” Leuthold responded. He added that Yeater should have followed up with the Galion Police Department on the original breaking and entering incident if it actually occurred.
Leuthold sentenced Yeater to four years in prison and fined him $5,000. Yeater will also have to serve five years on mandatory post-release control upon his release and must pay restitution to the victim in an amount to be determined.
David Sousa admitted to violating his community control, but it took some arguing for a final sentence to be determined. The 24-year-old man admitted to failing to report to his supervising officer.
“Asking for a second chance on community control when you didn’t avail yourself of it the first time does not sound disingenuous to me,” argued assistant prosecutor Ryan Hoovler.
Defense attorney Sebastian Berger argued that Sousa was homeless at the time and fearful of reporting to his supervising officer because he stayed with someone who had a record. Leuthold pointed out that the court would have helped him find some place to stay.
“I’d really like to build something, have something to go home to,” Sousa said as he asked for entrance into the Volunteers of America program instead of prison.
Though Leuthold understood Sousa’s drive to better himself, he noted that Sousa would have to take part in a six-month program with VOA rather than getting his time done in four months in prison. The judge chose to re-impose Sousa’s prison sentence, but added that once Sousa was released he would take personal interest in Sousa’s case if the defendant started a treatment program with Maryhaven.
“If you’re serious, I’ll do it,” Leuthold assured Sousa. “There’s so much stuff in the county to help people if they really want it.”
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Forty-five-year-old Lonny Carroll, of Crestline, pleaded guilty to criminal non-support, a fifth-degree felony. He was sentenced to five years on community control and ordered to pay child support.
Thirty-three-year-old Ryan Mason was granted judicial release after serving a number of months in prison. He was placed on community control for five years and ordered to complete a drug and alcohol assessment and follow-up treatment.
Mason was sentenced to 12 months in prison in April after pleading guilty to telecommunications fraud and drug possession.
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