By Krystal Smalley and Gary Ogle
ksmalley@wbcowqel.com; gogle@wbcowqel.com
Judge Sean Leuthold’s first year on the bench in Common Pleas Court is concluding in the same manner as it began: with defendants charged with drug crimes going to prison. The judge sentenced three more people to prison on Monday, all for drug-related charges.
After pleading guilty to a second-degree felony drug charge, a young man will spend the next eight years in prison. The judge hoped that the time spent there will help the young man turn his life around.
Twenty-six-year-old Brandon Johnson of Galion pleaded guilty to an amended charge of trafficking in drugs, a second-degree felony, in Crawford County Common Pleas Court Monday afternoon. Johnson admitted to selling 3.5 grams of cocaine each day for two years.
“Which is, quite frankly, an enormous amount of cocaine over two years,” Leuthold commented.
Law enforcement successfully completed an undercover buy to prove Johnson’s culpability.
Leuthold sentenced Johnson to eight years in prison – the maximum sentence for the crime – and mandatory post-release control for five years after he serves his entire sentence. He was fined $7,500 and ordered to forfeit seized property to the Galion Police Department.
The judge noted that Johnson did not have a terrible record, displayed good behavior in court, and seemed like an intelligent young man. The compliments ended there, however.
“I think he’s taken his intelligence and put it in the wrong direction,” Leuthold said. “You’ve made some terrible, terrible decisions. This county does not tolerate drug trafficking. Twenty-six years old – you’re young enough to turn your life around. This choice is up to you.”
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Forty-five-year-old Carl Massey of Bucyrus pleaded no contest to an amended charge of discharging a firearm on or near a prohibited area, a second-degree felony.
The defense and prosecution stipulated the facts that on Aug. 7 the victim in the case, along with two others, were driving erratically in yards along Union Street and Southern Avenue in Bucyrus. Massey went outside with a shotgun. The truck got stuck on a fence post but was able to get loose. As the driver managed to do so, Massey fired the shotgun across the road and struck a passenger in the truck. Police have since investigated the incident.
Leuthold ordered a pre-sentence investigation to be completed and continued Massey’s bond, which was previously posted. The judge will render his sentencing decision after he receives the pre-sentence investigation.
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Judge Leuthold is known for not being favorable to judicial release but he granted it to 57-year-old Patrick Thompson Sr. in September as part of Thompson’s original plea agreement. That leniency failed to make an impression on Thompson as he appeared back in court Monday afternoon to argue his community control violations.
It was alleged that on Nov. 4 Thompson admitted to using heroin and also tested positive for the drug, possessed a hypodermic needle, associated with known felons, and failed to complete his substance abuse counseling.
Three witnesses were called to the stand, including Thompson himself. Adult Parole Authority officer Mike Wallery, Thompson’s supervising officer on the 2013 case, stated that he had Thompson review sign the community control terms of condition on Sept. 3 but Wallery received information that Thompson was in the Galion area associating with known felons in November.
When Wallery, along with APA officer Mark Alspach, discovered Thompson at Melissa Johns’ home, a convicted felon, he was subsequently questioned and drug tested. As the drug test proved that Thompson had recently used heroin, Wallery said the test was destroyed since he already had Thompson’s admittance.
Thompson’s attorney, Grant Garverick, argued that Thompson never had the chance to have the drug test independently verified.
Crawford County Sheriff’s Office Jail Commander Kent Rachel testified that Thompson was not drug tested at the jail.
When Thompson took the stand, he stated he had only just arrived at the residence to sell a watch to another person. He added that he never went into the house with Wallery, never gave a urine sample, and never admitted to using heroin or Percocet.
“I’d probably go back to prison,” Thompson told Garverick when the attorney asked him what he thought would happen if he admitted to such a thing.
“Your attorney makes you out to be too smart to admit to using,” argued assistant prosecutor Ryan Hoovler. He pointed out that Thompson had “admitted everything to the officers” when he was arrested on Nov. 4, 2014 on drug charges but changed his story four weeks after being arrested for violating his community control.
“I never would have been stupid then,” Thompson maintained.
Judge Leuthold did not find that Thompson violated his community control by allegedly associating with Melissa Johns and Dallas Fritz or by allegedly possessing a hypodermic needle. He did, however, find that Thompson violated his community control when he admitted to using heroin and failed to complete his substance abuse counseling.
“You tried to make some pretty good lemonade out of lemons,” Leuthold commended Garverick before moving on to Thompson’s sentencing.
“I wasn’t real happy when I let Mr. Thompson out,” Leuthold remembered. He added that he found Thompson’s testimony to be “completely incredible.”
Leuthold re-imposed Thompson’s entire sentence. The sentences on the charges will be served consecutively for a total of four years and 11 months.
“Mr. Thompson is not eligible for any type of judicial release, nor would I grant it no matter what,” Leuthold finished.
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Thirty-three-year-old Ashley Alspach of Galion was sentenced to 24 months in prison after pleading guilty to fifth-degree felony drug possession and admitting to violating her community control.
Alspach received 12 months for the new drug possession charge along with a six-month driver’s license suspension, and a $1,250 fine. Another 12-month sentenced will be served consecutively after Alspach admitted to possessing 133 grams of suspected heroin, using heroin, and traveling to purchase heroin.
“Quite frankly, you’re very lucky this is the only thing you’re being charged with based on the facts of this case,” Leuthold warned Alspach.
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Twenty-eight-year-old Adam Rigdon of Bucyrus will be serving nine months in the county jail as part of community control sentence. Rigdon pleaded guilty to two counts of trafficking in counterfeit drugs (fifth-degree felonies), one county of trafficking in drugs (fifth-degree felony), and one count of drug possession (fourth-degree felony).
After a pre-sentence investigation is completed, Rigdon is expected to be sentenced to five years of community control with the first nine months spent in the Crawford County Justice Center, fined $1,250 on each county, and asked to forfeit drug-related property to the Bucyrus Police Department and the Ohio State Highway Patrol.
Leuthold increased Rigdon’s bond to $200,000.
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Twenty-nine-year-old Dustin Angel of Oceola may have failed on intervention but he will still get a chance to avoid prison. Angel admitted to violating the terms of his intervention programed and Leuthold accepted the guilty plea on the case. Angel will serve two years on community control though he will be credited for the 118 days spent in the county jail. He also received a six-month driver’s license suspension and a $1,250 fine.
“I don’t think you’re a bad kid,” Leuthold told Angel, “you’ve just made some bad choices.”
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Caleb Moyer’s time on intervention may soon be coming to an end. The 26-year-old Bucyrus man appeared in court to hear allegations that he violated the terms of his intervention program.
Adult Parole Authority office Mark Alspach alleged that Moyer refused to provide a urine sample, changed his address, failed to report to scheduled office visits, and failed to comply with his substance abuse counseling.
An additional charge of tampering with evidence, a third-degree felony, is expected to be presented to the Grand Jury.
Judge Leuthold set bond at $150,000.
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Earlier on Monday, Zachary Carroll went before the judge and found out he will be home for Christmas. The county prosecutor’s office agreed to amend a second-degree felonious assault charge down to a first-degree misdemeanor.
Carroll was sentenced to a 90-day sentence in the county jail that will not commence until Jan. 8 and was released following the hearing, but not without a warning from the judge who noted the incident stemmed from a bar fight in which the defendant was not the aggressor.
“Next time you clock somebody, break their jaw . . . that’s felonious assault and eight years in prison,” Leuthold said. “(We) can’t have fighting, can’t have this behavior. I don’t want to see you back in here.”
Carroll will have work release privileges when he does report to jail.
Alyssa Hayman pleaded guilty to fifth-degree permitting drug abuse. Hayman was released on a personal recognizance bond, pending a pre-sentence investigation. The recommended sentence is five years of community control along with the court’s ISAT program and a $1,250 fine.