BUCYRUS — Ronnie Olmstead of Bucyrus appeared in Crawford County Common Pleas Court on Wednesday to ask for a new attorney.
Olmstead, 37, is charged with two felonies of possession of drugs, both fifth-degree felonies punishable with up to 12 months each in prison, one count of illegal conveyance of drugs into a detention facility, a third-degree felony punishable by up to 36 months in prison and two first-degree misdemeanor charges of possession of drugs, each punishable by up to 90 days in jail.
Olmstead’s current attorney, Andrew Motter, told the court that he received a letter from Olmstead saying that he wanted a new attorney because he believed Motter would be a witness at his upcoming trial.
Judge Sean Leuthold asked Olmstead why he thought his attorney would be a witness at his trial. Olmstead admitted that he’d made up the excuse to seek a new lawyer.
“So, you made up this nonsense? I guess there is no penalty for a client lying to their lawyer,” Leuthold said. “Lord knows that never happened.”
Leuthold told Olmstead that usually he would not allow the change in attorneys.
“The county is paying for your lawyer and it is who I say it is,” Leuthold said. “However, since you are facing several years in prison, I am going to grant your request.”
Leuthold appointed attorney Brad Starkey to represent Olmstead.
“I’m not playing musical lawyers here. You’re getting one change because of the amount of time you’re looking at,” Leuthold said.
In other court action, Johnathon Delvecchio, 27, of Bucyrus appeared for a review hearing. Delvecchio pleaded guilty to felony domestic violence. He was ordered to have no contact with his wife, the victim in the case. Leuthold told Delvecchio that he would review the no contact order in 30 days.
Delvecchio was one of several tenants displaced by the fire that occurred on West Mansfield St. on Tuesday. Delvecchio’s probation officer, Mark Wurm, asked for a review to decide how to proceed since Delvecchio is now homeless.
Leuthold questioned the victim who was present in the court room. She testified that she agreed to ask that the no contact order be lifted. Leuthold granted the lift for 30 days to allow them to work together to find new housing for Delvecchio.
“You must have a new home within 30 days, Leuthold said. “If you can’t find a home, I’ve got one I can send you to.”
Richard Awbrey, 44, of Bucyrus appeared in court with his attorney, Joel Spitzer. Spitzer petitioned the court for a competency evaluation of his client.
Spitzer told the court he had known Awbrey most of his life and that he was of standard intellectual capacity. However, Spitzer said that Awbrey took a fall at the jail and hit his head causing Awbrey to have no recollection of the events that landed him in jail and therefore is he unable to assist in his own defense.
Leuthold interviewed Awbrey in an effort to determine his competency. Awbrey was able to answer the questions Leuthold asked him.
Assistant prosecutor Ryan Hoovler told the court that he felt Awbrey was trying to delay his trial. Hoovler also presented a video from the sheriff’s office of the fall Awbrey took as well as the incident report completed by the corrections officer on duty when he fell.
Leuthold took a recess and went into chambers to view the video. Leuthold returned to the bench and went on record to discuss the motion, noting that the tape did not show the actual fall but immediately after the fall.
According to the video and the incident report, Awbrey landed on his backside and used his hands to brace his fall. There was no evidence he hit his head.
Hoovler contended that even if Awbrey had memory loss of the events leading up to his arrest it was not enough to order a competency evaluation. He told the court that his attorney could get him up to speed on the charges and evidence in the case.
After reviewing a Supreme Court case involving a man facing a death sentence in a similar situation, Leuthold concluded that Hoovler was right.
“There is no indication of a history of mental illness or any intellectual disability with Mr. Awbrey. He fell at the jail and is claiming memory loss,” Leuthold said.
”There are people who commit crimes while on drugs and alcohol that have no memory whatsoever of the crime they committed,” Leuthold said. “Memory loss alone is not enough for a court to order competency evaluations.”
Leuthold told the court that the video did not give the best view of the fall, but the incident report filled out immediately after was detailed. The report said Awbrey fell on his left shoulder and that he used his hands to brace the fall. Awbrey is seen in the video wringing his wrists. The report said there was no hit to the head but minutes after the fall he began complaining about hitting his head. The nurse was advised of his condition.
“Normally the court is not this blunt, but simply put Mr. Awbrey is faking it to delay his trial,” Leuthold said. “The motion for a competency hearing is denied.”
Spitzer escorted his client out of the court room and came back in less than one minute telling Leuthold his client now wanted a different attorney.
Leuthold ordered Awbrey brought back into the court room and Leuthold asked him why he wanted a new attorney.
“I want a new attorney because he didn’t stand up for me today,” Awbrey said.
“Well Mr. Awbrey, your demeanor has certainly changed since you walked out of this court room, Leuthold said. “I called it right, you were competent then and you are competent now.”
Awbrey asked the court to appoint Tom Nicholson as his new attorney. Leuthold granted the request and ordered the matter set for trial.
Awbrey faces one count of possession of drugs, a second-degree felony punishable by up to eight years in prison, one count of failure to comply, a third-degree felony punishable with up to 36 months in prison, two counts of possession of drugs both fifth-degree felonies punishable by up to 12 months in prison on each count and one count of drug paraphernalia, a misdemeanor punishable by up to six months in jail.