By Kathy Laird
CCN Correspondent
Dana Kincade Jr. of Upper Sandusky will spend the next 12 months in prison. Kincade pleaded guilty to a possession of drugs charge Monday in Crawford County Common Pleas court with his attorney Tom Nicholson.
Kincade changed his plea after much negotiation with prosecutors.
Crawford County Common Pleas Judge Sean Leuthold made some rare concessions for Kincade. Kincade is currently in rehabilitation at a local nursing home where he is recovering from a leg injury. Kincade appeared in court with the use of a walker.
In what Leuthold called a “rare and not likely to become commonplace decision,” he gave Kincade a future date to report to prison following the completion of rehab and the removal of his cast. Kincade will forfeit all drug-related property to the Galion Police Department.
“Don’t do something stupid and decide not to report,” Leuthold warned.” If we have to come get you any chance of an early release will be gone.”
Kincade is to report to the Crawford County Justice Center by April 28 at 7 p.m. He will be given credit for jail time served.
In other court proceedings, Jason Carroll, 46, of Crestline entered a not guilty plea to possession of drugs.
During his initial appearance in Crawford County Municipal Court, Judge Shane Leuthold set a $25,000 bond. Carroll originally was stopped by police for driving 86 miles per hour and officers found Percocet in his possession. Carroll posted bond and then was indicted by the Crawford County Grand Jury for a felony-level drug possession charge.
In an effort to convince Judge Sean Leuthold to continue the bond, Carroll’s attorney Pat Murphy argued that his client had been clean and sober two years, that he had waived a hearing and posted bond. He was then arrested at work on the indictment.
After listening to arguments, Leuthold told Carroll, “There’s a lot of young people struggling with drug addiction trying to get on the right track. I am trying to keep them alive. But my patience with you is done.”
Leuthold allowed bond from municipal court to be carried over, but added some stricter rules to the condition of bond. He placed Carroll on a curfew, which is in effect between the hours of 7 a.m. to 7 p.m.
Leuthold also called probation officer Dan Wurm into the courtroom and ordered that Carroll test every Wednesday morning at 9 a.m. for illegal substances.
Leuthold advised Wurm, “Don’t call him or his attorney if he hasn’t showed up. If there’s any trace of anything in his system I want to see a warrant for his arrest.”
Before adjourning the hearing, Leuthold told Carroll, “I’m not going to spend my nights worrying about your life anymore.”