Judge Kimbler Finds Rittman Man Guilty of Two Counts of Burglary

A non-jury trial that started on Monday, January 31 and concluded on Wednesday, February 2, 2010, resulted in Judge Kimbler finding Luke D. Rufener, 22, of Heritage Lane in Rittman, Ohio, guilty of twp counts of Burglary, both felonies of the third degree. At the start of the trial, Mr. Rufener entered a plea of no contest and was found guilty of one count of Burglary, a felony of the third degree. Mr. Rufener did not contest that he had committed the burglaries, the issue was whether two of the counts were second degree felonies or third degree felonies.

The difference in the degree of the burglaries depended on whether the State could establish that at the time Mr. Rufener committed the burglaries a person other than himself was "present or likely to be present" in the houses that he entered. A burglary committed while a person is present or likely to be present is a second degree felony. A burglary that is committed when no one other that the offender is present or likely to be present is a third degree felony.

The evidence offered by the State established that Mr. Rufener was deliberately picking houses of people that he knew attended the same church as his parents and himself. He knew that the people whose houses he broke into were likely to be at church during the times that he entered the houses.

Judge Kimbler found that he was not guilty of the second degree felonies, but was guilty of the third degree felonies, which were lesser included offenses of the second degree felonies. Following his announcement of the verdict, Judge Kimbler revoked Mr. Rufener's bond, ordered a pre-sentence investigation, and remanded him back to the Medina County Jail. Judge Kimbler will impose sentence on March 10, 2011 at 8:30 am.

Man Changes Plea on Day of Trial

Brandon S. Myers, 39, had a jury trial scheduled in Judge Kimbler's courtroom on Tuesday, October 12, 2010. Instead of going to trial on a charge of Burglary, a fourth degree felony, Mr. Myers entered a plea of guilty to one count of Aggravated Trespass, a first degree misdemeanor.

Following the change of plea, Judge Kimbler imposed a 180 day jail sentence, but suspended 113 days of the jail sentence; ordered Mr. Myers to pay court costs; and also ordered him to make restitution of $250.00 to his victim, who is a relative. Until he pays the court costs and restitution Mr. Myers will be supervised by the Medina County Adult Probation Department.

Akron Man Sent to Prison for Attempted Burglary

William R. Carson, Jr.,53, who is from Akron, but is presently homeless, was sent to prison for one year by Judge James L. Kimbler on Thursday, August 26. In July, a jury convicted Mr. Carson of one count of Attempted Burglary, a fifth degree felony, and two counts of Criminal Trespass, a fourth degree misdemeanor.

Judge Kimbler also sentenced Mr. Carson to thirty days in jail for each criminal trespass, but under Ohio law, a misdemeanor sentence has to be served concurrently with a prison sentence. Judge Kimbler also gave him credit for 129 days he served in the county jail prior to the imposition of sentence.

Although the jury convicted Mr. Carson of three counts, it found him not guilty of one burglary count, a count of possessing criminal tools, and found him not guilty of two counts of breaking and entering, but did find him guilty of the lesser included offenses of criminal trespass. Mr. Carson is expected to appeal his conviction.

Wadsworth Man Sentenced for Burglary & Theft of a Dangerous Drug

Jeremy J. Dusek, 21, of Ridge Road in Wadsworth, Ohio, was sentenced by Judge James L. Kimbler for one count of Burglary, a third degree felony, and one count of Theft of a Dangerous Drub, a fourth degree felony.

Judge Kimbler sentenced Mr. Dusek on Thursday, August 26. Judge Kimbler sentenced Mr. Dusek to the Lorain County Community Based Correctional Facility; put him on supervision by the Probation Department for four years following his release from LCCBCF; ordered him to obtain a mental health assessment through the Probation Department's in-house counselor; ordered him to neither possess or consume alcohol; submit to drug-alcohol testing as ordered and be arrested on first positive finding; attend three AA/NA meetings per week; have no contact with the victim or her family; pay supervision and drug testing fees; and make best efforts to obtain and maintain employment. He was also ordered to make restitution to the victims, which he paid prior to sentencing.

Mr. Dusek was charged with breaking into the home the parents of his former girlfriend. He took prescription drugs. The restitution ordered by Judge Kimbler was for the cost of the drugs. When asked by the probation officer who prepared the pre-sentence investigation report why he committed this offense, Mr. Dusek explained that he went to the home to see his ex-girlfriend. He walked into the home after he knocked on the door and no one answered. He saw the pills on a counter. He explained that the pills were "calling his name" so he took them and left.