By Krystal Smalley
ksmalley@wbcowqel.com
The first of three co-defendants in a Galion drug sting was sentenced Monday morning and a second co-defendant pleaded by that afternoon.
Thirty-three-year-old Gary Johnson, 29-year-old Jeremiah Cottrell, and 23-year-old Kelly Jagusch had been arrested during the course of a drug search on Feb. 26 at 520 Beardsley Rd.. Heroin, marijuana, drug paraphernalia, a stolen dirt bike, and over $2,000 had been seized by authorities at the time.
Johnson pleaded guilty to drug possession and receiving stolen property, both fifth-degree felonies, in Crawford County Common Pleas Court Monday afternoon. An additional charge of drug trafficking had been dismissed as part of the agreement.
Judge Sean Leuthold sentenced Johnson to 12 months in prison on each count. The sentences will be served concurrently for a total of 12 months. Johnson’s driver’s license was suspended for six months and he must pay a $1,250 mandatory drug fine as well as forfeit $2,249 seized during the search to the Crawford County Sheriff’s Office. In return for his guilty plea, the prosecution agreed to not file any additional charges gathered from facts leading up to and during the search warrant.
Johnson’s Cleveland attorney, Michael Goldberg, noted that his client had served a prison sentence 10 years ago but believed Johnson’s current case “was somewhat overblown.”
“It wasn’t a sophisticated, trafficking drug operation whatsoever,” Goldberg said, though he acknowledged that drugs had been used by numerous people at the house. “It paints a bad picture,” he said.
Goldberg requested that Leuthold oppose the sentence.
“He’s right – it paints a very bad picture,” Leuthold said about the persistent drug use, though he refused to concede on any other point of Goldberg’s argument.
“I disagree; it’s not overblown at all,” Leuthold said. “Living a heroin lifestyle is a disaster. It’s destroying our community.
As Johnson sat with his head bowed and shoulders slumped, Leuthold issued his final warning to Johnson, words that are fast becoming the last thing a defendant hears before he is led out of the courtroom: “This county will not tolerate drugs and theft anymore.”
Cottrell, one of Johnson’s co-defendants, was sentenced to five years on community control on a fifth-degree drug possession felony. As a first time offender, he was not eligible for a prison sentence. Cottrell had previously pleaded guilty to the felony and had been awaiting a pre-sentence investigation. He must complete a drug and alcohol treatment program and pay a $1,250 mandatory drug fine. His driver’s license was also suspended for six months.
“I want you to succeed,” stated Leuthold before cautioning Cottrell on his future actions. “If there is a community control violation, you are eligible for prison up to 12 months . . . I expect you to do what you’re supposed to do.
Thirty-year-old Dale Sampsel of Crestline appeared in Common Pleas Court on an initial hearing for community control violations. Sampsel allegedly failed to report to his supervising officer and failed to notify that officer of his change of residency. A warrant had also been issued for Sampsel’s arrest last August but he had not been in police custody until March 4.
Assistant prosecutor Ryan Hoovler stated that Sampsel had been unable to follow the orders of the court. Leuthold chose to set bond at $500,000 in light of the fact that a warrant had to be issued for Sampsel’s arrest.