BUCYRUS — Brian Armstrong of Delaware appeared in Crawford County Common Pleas Court for a change of plea hearing on Monday. Armstrong pleaded guilty to one count of receiving stolen property, a fifth-degree felony punishable with up to 12 months in prison.
Common Pleas Court Judge Sean Leuthold sentenced Armstrong, 38, to five years on community control. If Armstrong fails to successfully complete community control, he will face 12 months in prison. Armstrong was represented by court-appointed attorney, Neil Huggins.
In other court action, Joshua Counts, 29, of Marengo pleaded guilty to two counts of possession of drugs, each a fifth-degree felony and each punishable with up to 12 months in prison.
In a plea negotiation, Counts was sentenced to five years of community control. If he fails to complete community control successfully, he faces 24 months in prison. Counts was ordered to forfeit all drug-related property to the appropriate authorities. He was represented by court-appointed attorney, Brian Gernert.
Dana Kincade, 43, of Upper Sandusky appeared in court to officially refuse two plea deals and take his case to trial. Kincade is charged with one count of burglary, a fourth-degree felony punishable with up to 18 months in prison.
Kincade, who is currently housed at the Crawford County Justice Center, turned down two separate plea offers and told the court he wants to proceed to trial. Leuthold told Kincade he had every right to reject the offers made by the state.
“I will protect your constitutional right a fair trial. You are not obligated to accept any offer,” Leuthold said.
Assistant Prosecutor Ryan Hoovler told the court he would be seeking additional charges against Kincade with the grand jury. Kincade’s court-appointed attorney Tom Nicholson objected to Hoovler’s assertion.
“It seems that Mr. Kincade is being punished for not accepting the state’s offer,” Nicholson said. “That is unconstitutional.”
Leuthold told Nicholson that the state is well within its right to refile charges.
“This is what is called prosecutorial discretions,” Leuthold said.
Kincade’s jury trial is set to begin on December 19 in Common Pleas Court.