By Krystal Smalley
ksmalley@wbcowqel.com
The fact the owner of the home Sara Smith burglarized was not likely to be there was the difference between her serving a possible eight years in prison to only being sentenced to two years.
The 33-year-old Galion woman pleaded guilty to third-degree felony burglary in Crawford County Common Pleas Court Tuesday morning. The charge was amended from a second-degree felony due to the fact that the owner of the home she robbed was deceased.
In burglary cases, the possibility or likelihood that a person could be home at the time of the incident carries a stiffer punishment, but that was not the case for Smith. The deceased owner could not be in the residence and was not likely to be there, which is why the prosecutor’s office chose to amend the charge.
“You’re very fortunate. If this was a felony of the second degree, we wouldn’t be talking about 24 months,” Judge Sean Leuthold said.
The judge sentenced Smith to two years in prison and mandatory post release control for three years. She will also have to pay restitution to the victim’s estate in an amount to be determined.
“This is definitely from being a drug addict,” Smith told Leuthold. “I wouldn’t normally do stuff like this.”
As Leuthold suggested Smith take advantage of recovery programs while in prison, he also left her with some words of wisdom.
“I recognize you have an addiction issue,” Leuthold said. “Just because you have an addiction doesn’t excuse your behavior.”