BUCYRUS — Richard W. Awbrey of Bucyrus appeared in Crawford County Common Pleas Court on Thursday. He was accompanied by his attorney Tom Nicholson, who filed a motion with the court and was present for Common Pleas Court Judge Sean Leuthold to rule.
Awbrey, 45, is facing six felony charges including failure to comply, a third-degree felony punishable with up to 36 months in prison, possession of drugs, a second-degree felony punishable with up to eight years in prison, two fifth-degree felonies of drug possession, each punishable with up to 12 month in prison, one count of drug paraphernalia, a fourth-degree misdemeanor punishable with up to 180 days in jail and one misdemeanor count of drug possession, punishable with a fine.
As part of the defense strategy put forth by Nicholson, a motion was filed to have the drugs tested by the state crime lab. After reviewing Nicholson’s brief, Leuthold allowed the motion. However, when Awbrey learned that his trial scheduled for next week would be delayed, he withdrew his motion.
“I have been sitting in jail on this six months and I want to go to trial next week,” Awbrey said.
Leuthold explained to Awbrey that the results of the testing would not be back before his trial was set to begin.
“Your lawyer made some good points on this testing, which is why I’m granting the motion, but you have every right to withdraw that motion and proceed to trial next week,” Leuthold said.
Nicholson asked for time to speak with his client, noting that it would be a tough decision considering all the charges his client faces.
Assistant Prosecutor Ryan Hoovler told the court he would call the state and expedite the testing but Awbrey could expect a delay of about a month while the court waits for testing results.
After conferring with Awbrey, Nicholson informed the court that his client wanted to delay the trial and have the testing done.
“I’m going to grant this motion, but Mr. Awbrey, do you understand and accept that while I can order these tests expedited, you’re still going to face a delay to trial of about a month?” Leuthold asked.
Awbrey indicated he did understand and wanted to pursue the testing. Nicholson then asked the court to lower Awbrey’s bond while they await the tests. Leuthold told Nicholson to file a motion and he would hear it next week.
Shannon Jackson, 28, of Bucyrus pleaded guilty to an amended charge of burglary. Jackson was original charged with second-degree burglary, but the state reduced the charge to a fourth-degree burglary, punishable with up to 18 months in prison.
Leuthold accepted the amended charge.
“This is not a typical burglary,” Leuthold said. “Jackson and the victim were divorced and arguing back and forth. He knew she was going to be away from her home on the day he went over there acting like a jerk. That’s why I’m doing this and placing him on community control.”
Leuthold ordered that Jackson have no contact at all with the victim or their children in her care and said that in the future he would put a plan together that addresses visitation.
“Look, I don’t want you not to see your kids. But you’re going to have to be patient,” Leuthold said. “I have ordered no contact and I meant it. You’d better get it through your head that you are now on felony probation. If you violate any terms or conditions, if you try to contact her and she contacts your supervising officer, Mr. Heydinger is going to arrest you and you are going to prison. There are no more taking matters into your own hands. There is only one human being in this world who can give you permission to have contact and that person is me.”
Leuthold ordered Jackson to be on community control for two years, noting that he could extend it further if necessary.
“My number one concern is the victim. No booze, no drugs, no bars, no felons, and no contact” Leuthold said. “If you get headstrong and lose your temper, you’re going to prison.”
Tracey Horsley, 35, of Bucyrus pleaded guilty to three counts, including tampering with evidence, a third-degree felony punishable with up to 36 months in prison, one count of illegal conveyance of drugs into a detention facility, a third-degree felony punishable with up to 36 months in prison and one count of drug possession, a fifth-degree felony punishable with up to 12 months in prison.
Leuthold ordered a pre-sentence investigation and will sentence Horsley when the investigation is complete and filed with the court.
In a rare move, and partly due to overcrowding at the jail, Leuthold allowed Horsley to be put on a personal recognizance bond. Hoovler said he felt this would be a good test for Horsley.
“If she does well, we will take that into consideration in sentencing,” Hoovler said.
Brandy Belcher, 42, of Norwalk was sentenced to five years of community control after she pleaded guilty to assault, a fourth-degree felony punishable with up to 18 months in prison.
Belcher overdosed on drugs and was brought back from the overdose with the used on Narcan administered by emergency personnel. When Belcher regained consciousness, she assaulted the paramedic.
Belcher was ordered to drug and alcohol assessment and treatment as a condition of her community control. Hoovler told the court he had consulted with the victim who agreed with the sentence.
“You mess this up and I’ll put you in prison for 18 months,” Leuthold said.