By Kathy Laird
CCN Correspondent
BUCYRUS — Tyler Waldbauer, 23, of Galion, was sentenced to 36 months in prison in Crawford County Common Pleas Court. Waldbauer pled guilty to failure of duty to register, a third-degree felony. Assistant Prosecutor Ryan Hooveler said that Waldbauer had failed to register as a sex offender, multiple times.
Judge Sean Leuthold told Waldbauer, “Your attitude in court today is horrible. So I’m not surprised you are here. It might be easier for you in the future to follow the rules and register.”
Bryan Hathaway, 32, of Bucyrus was sentenced after pleading guilty to violating the terms and conditions of community control. Hathaway was originally sentenced for complicity, a second-degree felony. Hathaway was granted judicial release from prison and placed on community control.
According to Probation Officer Mark Alspach, on June 4, Hathaway caused physical harm to his wife and pled guilty to domestic violence charges. A urinalysis revealed that Hathaway had used marijuana and he admitted to drinking alcohol. Since Hathaway admitted to violating the terms and conditions of his community control, Judge Leuthold permitted the State, Hathaway’s attorney Sebastian Berger, and two witnesses to testify regarding sentencing.
Hooveler pointed out that Hathaway had been given a second chance. “Your Honor gave Mr. Hathaway an in-depth synopsis of what was required of him. He has picked up a new violent charge and is doing drugs and drinking alcohol. I would ask the court to re-impose the four-year prison sentence.”
Leuthold asked Alspach what kind of parolee Hathaway had been. “He was released in March, reported and had a job. I would classify him as fair,” Alspach said. Berger made the argument for treatment rather than incarceration. Noting that Hathaway did admit to the violations, Berger explained that Hathaway’s five-year-old daughter suffers from a serious health issue. The child was hospitalized and that’s when Hathaway relapsed.
“You’re doing a fine job for your client, but this frustrates me,” Leuthold said. “Everybody is a good parent when they are facing prison. The truth is that this child is now five and has been critically ill. You’ve spent two years in prison and lost precious time with this child. When the child becomes gravely ill, instead of being by her side, you’re out beating up you wife, drinking and doing drugs.”
Berger requested his client be placed in a community-based correctional facility where he could receive treatment for his addiction. “Mr. Berger, your client has been in prison two years and has been out three months. I am frustrated,” Leuthold said.
Leuthold asked if any of the people present in the court would like to make a statement. Hathaway’s mother pled with the court for treatment. She told the court that her son had never been offered treatment. “He’s 32, he needs to straighten up. As a mother I feel he needs help”.
Leuthold explained all the programs that are offered in prison. “There are several programs, but you have to sign up for them” Leuthold said. In addressing help offered Hathaway, Alspach told the court that he had been attending counseling at the Community Counseling Center.
“Mr. Hathaway continued to do drugs and drink while attending counseling. It’s counter-productive,” said Alspach.
“I almost lost my daughter and I turned to weed and beer” Hathaway said.
“Where did you get the weed?” Leuthold asked.
“It was free from a co-worker,” Hathaway said.
Hathaway’s wife addressed the court. “I thought he’d be better when he came home. I want him to get help, but I don’t want him home. He’s bringing down my children and I can’t have that.”
Saying he really had no choice, Leuthold said, “I have a new violent crime and continued use of drugs and alcohol.” Leuthold imposed the four-year sentence. Hathaway will get credit for jail and prison time served.
Robert Fisher, 33, of Marion, appeared before the court to asked Judge Leuthold to lift a no contact order so that he could reunite with his wife. Fisher’s wife was present in the court as well.
Fisher was released from prison after pleading guilty to a third-degree felony of domestic violence with his wife as the victim. Leuthold asked Fisher; “Are you going to be dumb enough to do something to get sent back to prison?”
Fisher indicated that he has changed. Leuthold then addressed the victim. “My job is to protect you. You are a married couple and I assume he is going to move back into the home. My advice to you is that if I lift this order, protect yourself. If things are not going well, contact this court and we will reimpose the no contact order.”
Turning to Fisher, Leuthold said, “If you put your hands on this woman and come back in front of me, things are not going to go well. I want to see you have a happy and productive life but I will do whatever is necessary to keep her safe.” Leuthold lifted the no contact order, allowing the couple to reunite.
Teresa Kent, 51, of Galion, pleaded guilty to violating the terms and conditions of her community control. Kent tested positive for marijuana, cocaine, meth and alcohol. Leuthold sentenced her to six months in prison. She will receive credit for time served. Leuthold also said he would not oppose transitional control.