By Kathy Laird
Two defendants were granted an opportunity to participate in the Crawford County prosecutor’s intervention in lieu of conviction program; but neither Judge Sean Leuthold or Crawford County Assistant Prosecutor Ryan Hoovler were happy about it.
The program is offered for litigants who have called emergency medical services to get help for someone who has overdosed. Often times the call is made by someone who is also using drugs, but under the immunity program they cannot be convicted of a crime.
One such person falling into that category and appearing before Leuthold on Wednesday was Russell Haverty, 48, of Bucyrus.
While placing Haverty into the program Leuthold had voiced his concerns.
“I’m not a man to mince words Mr. Haverty. I don’t think you have an ice ball’s chance in hell to stay clean,” Leuthold said. “I’ll give you twenty days. This sentence sets people up for failure but the prosecutor and I are handcuffed on this issue. It prolongs the inevitable. I hope I am wrong. I’ve got some ideas on how to help you when you fail. Just please don’t kill yourself before you get done”.
Jennifer Lewis, 34, of Bucyrus received the same sentence.
“I know you think this is a great idea, but in the long run it’s a very bad idea,” Leuthold said.
Noting her relationship with Haverty, Leuthold warned Lewis.
“Two people who are both users do not work,” Leuthold said. “Stay away from Mr. Haverty. Each of you needs to work on yourselves. This (intervention) is a terrible idea. The Prosecutor and I are against it. Addiction is not an excuse.”
Leuthold asked Lewis how old her children are and she indicated they are 11 and 12.
“I’m going to be blunt with you; I hope it all works out, that is unless you die,” Leuthold said. “There you are, laid out in a casket looking like hell, because frankly that’s how drugs leave you. Your two sons are going to be standing at your casket wondering why their mother loved heroin more than them. Drug addiction is selfish, your death will have meant nothing and there’s nothing glamorous about lying in a box. I predict you’ll violate within 20 days and maybe then I can really help you. Don’t kill yourself before then.”
Intervention in lieu of conviction is a two- to four-year program for offenders who have alcohol or drug problems and/or mental health concerns. Prior to the judge granting the intervention to the offender, the offender must be enrolled in a treatment program.
In other court news, two women were given a chance to participate in Leuthold’s Intense Supervision And Treatment Program.
Andrea Saum, 28, of Crestline, who was not prison eligible, received community control and an opportunity to participate in Leuthold’s ISAT program. The judge ordered her to treatment at Mary Haven.
Tracy Eichenberger, 45, of Marion admitted that she would test positive for opiate use. While the judge was kind, noting an understanding of Eichenberger’s present condition; he also took tough measures. He ordered her taken into custody.
“You have to dry out,” Leuthold said. “I can’t take a risk on leaving you in the wild, we’re talking about saving your life.”
Noting she was prison eligible, but realizing the condition of her health, he advised her of his plan for her.
“I’m going to leave you in jail for about 10 days and I will have Mary Haven come and evaluate you,” Leuthold said.
The judge ordered no bond in her case and explained that he would proceed with the ISAT program plan after the next scheduled hearing.
In the final case of the day, Shawn Blankenship, 40, of Galion pleaded guilty to two counts of importuning.
The judge imposed the maximum 24-month sentence possible. Blankenship will have to register as a tier-one sex offender, annually, for the next 15 years.
Leuthold took detail in explaining the charges and the sentencing.
“I want to make the record clear; there is no accusation of any type of sexual conduct in this case,” Leuthold said. “There was inappropriate language and verbal propositioning, but no physical contact and no accusations of molestation. Because of that, the law says the maximum sentence I can give is the sentence I am imposing; 24 months in jail.”
Before finalizing the verdict, Leuthold explained the conditions of Tier One Sex Offender reporting to Blankenship. “Your behavior is inappropriate and make sure nothing like this happens again.”
