Ohio Supreme Court to Resolve HB 86 Conflict

HB 86 raised the felony theft level from $500 to $1000.00. The bill stated that anyone found guilty before its effective date of 9.30.2011 but sentenced after that date for stealing less than $1000 but more than $500 would be sentenced as if for a misdemeanor. The issue then became whether the defendant was being sentenced for a felony or for a misdemeanor? That is would the sentencing entry read that the defendant was convicted for a felony, but with a misdemeanor sentence, or was convicted of a misdemeanor with a misdemeanor sentence?

This issue has caused a conflict in Ohio's courts of appeals. The Ninth has ruled that the defendant has been convicted of a felony but other appellate courts have held that such a defendant is convicted of a misdemeanor. The issue to be resolved is stated this way by the Ohio Supreme Court: "A defendant [may] benefit from a decrease in a classification and penalty of an offense by the General Assembly [that becomes effective] between the time the defendant committed the offense and the time of his sentencing on that offense[.]" 

The Ninth decision accepted for review is State v. Taylor, 2012 Ohio 5403.

Barberton Man Gets Prison Sentence for Wal-Mart Thefts

Judge James L. Kimbler sentenced Edward S. Rowe, 36, of Fifth Street in Barberton to eight months in prison on three counts of Theft, all fifth degree felonies. The prison sentences were imposed following a change of plea on Tuesday, February 15, 2011.

Mr. Rowe's case was originally scheduled for trial in January, but his attorney filed a motion for a continuance when he learned that Mr. Rowe was being held in the Summit County Jail. Mr. Rowe received credit for time served in the Medina County Jail prior to his change of plea and sentencing.

Brunswick Man Pleads Guilty to Theft

Alexander Tomovich, 36, of West 130th Street in Brunswick, Ohio, appeared in Judge Kimbler's courtroom on Tuesday, January 4, 2010 and entered a guilty plea to one count of Theft over $500.00, a fifth degree felony. Originally Mr. Tomovich had been indicted for one count of Breading and Entering in addition to the Theft charge. The State of Ohio agreed to dismiss the Breaking and Entering charge in exchange for a guilty plea to the Theft count.

After taking Mr. Tomovich's guilty plea, Judge Kimbler ordered a presentence investigation and set a sentencing date of February 11, 2011 at 8:30 am. Judge Kimbler continued Mr. Tomovich's bond pending sentencing.

Sterling Man Gets Year in Prison for Jewelry Theft

Corey A. Zoss, 25, of Kauffman Avenue in Sterling, Ohio, was sentenced by Judge James L. Kimbler to one year in prison for Theft, a third degree felony. The indictment charged Mr. Zoss with taking more than $100,000 but less than $500,000 worth of jewelry from Sterling Jewelers. The Wadsworth Police reported that Sterling Jewelers reported that Mr. Zoss took over $315,000.00 worth of jewelry.

Mr. Zoss worked for UPS at a facility in Wadsworth, Ohio. During his job, he had access to packages that were coming into the facility and that were addressed to Sterling Industries. He told the pre-sentence investigator that he started taking items in December of 2009 and it continued up until March 24, 2010, when Wadsworth Police Officers found him after his work hours at the UPS facility.

Medina Woman Ordered to Pay $3,000 in Restitution to Armstrong Cable

On Thursday, August 26, Judge Kimbler sentenced Laura L. Campbell, 42, of Normandy Park Drive in Medina, Ohio, for Theft, a fifth degree felony. Ms. Campbell is a former employee of Armstrong Cable. The theft charge arose from an investigation that was done by Armstrong regarding certain accounts that Ms. Campbell could access. Ms. Campbell admitted to taking money from Armstrong while she worked there because her prescription costs were too high, the bank was foreclosing on her home, and she was desperate.

Judge Kimbler sentenced her to three years supervision by the Medina County Adult Probation Department, ordered her to make restitution of $3,000.00 to Armstrong, ordered her to do 24 hours of community service, make best efforts to obtain and maintain gainful employment, and undergo random drug testing. She was also ordered to pay a monthly community control sanction fee and pay for drug testing. Judge Kimbler waived court costs because she has to make restitution to Armstong. If she violated the conditions of her supervision, she could be sent to prison for one year.

North Ridgeville Man Sentenced for Stealing From Employer

Daniel R. Kleinsmith, 45, of Ronald Drive in North Ridgeville, Ohio, was sentenced on Thursday, August 26, for one count of Theft. Although originally indicted as a felony, the State amended the indictment to a misdemeanor on condition that Mr. Kleinsmith enter a guilty plea.

Judge Kimbler sentenced Mr. Kleinsmith to 180 days in jail, but suspended the jail sentence on several conditions. The conditions included being supervised by the Medina County Adult Probation Department for two years; paying $1314.22 in restitution; performing 24 hours of community service; making best efforts to obtain and maintain employment; obtaining a drug/alcohol assessment and abiding by all aftercare recommendations; not possessing or consuming alcohol; and paying a monthly community control sanction fee if employed.

In his explanation of why he stole from his employer, Mr. Kleinsmith explained that as a truck driver for his employer he had access to a fuel card. He used the fuel card for private purchases and turned in the receipts, intending to pay back his employer when he got paid. He had been doing this for several years, but this time, he got into a dispute with his employer over his paychecks. He believed that the employer owed him money for his work, and the employer believed that Mr. Kleinsmith owed him for his use of the credit card.

By the time the case was filed, Mr. Kleinsmith was no longer working for his employer. One day Mr. Kleinsmith received a certified letter with his paychecks and the next day he was visited by a detective from the Brunswick Police Department. Following that detective's investigation, he was charged with Theft for using the credit card for private purchases.

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.

Wadsworth Man Sentenced for Theft

Daniel W. Lanier, 51, of Grandview Avenue in Wadsworth, Ohio, was sentenced by Judge James L. Kimbler for Theft, a first degree misdemeanor. Judge Kimbler sentenced Mr. Lanier to 180 days in jail, but suspended the sentence on condition that he satisfactorily complete supervision by the Medina County Adult Probation Department. The conditions of his supervision include making restitution to Wal-Mart in the amount of $623.00 and complying with the general terms of supervision for two years.

Mr. Lanier is a former employee of Wal-Mart who took money from three cash registers while he was working one evening. His actions were recorded by a video recording system. The next day, when he came into work, he was fired. Mr. Lanier told the probation officer who wrote the pre-sentence investigation report that he had a good job and he "messed it up." He also said that he was "really sorry" for his actions.

Originally the Medina County Grand Jury indicted Mr. Lanier for a felony, but the State of Ohio moved to amend the indictment on condition that Mr. Lanier enter a guilty plea and agree to make restitution.

Three Defendants Change Plea in Judge Kimbler's Courtroom on Monday, August 16

Three defendants who were originally scheduled for jury trials entered a change of plea in Judge Kimbler's courtroom on Monday, August 16. The defendants were James M. Brienzo, James E. Polanski, and John T. Kaiser. Judge Kimbler ordered pre-sentence investigations in all three cases and will impose sentence in all three cases on September 30, 2010.

Mr. Brienzo, whose address is listed as 146 First Street, Northwest, was charged with one count of Theft over $500.00, a fifth degree felony. The indictment alleges that the Theft took place from Wal-Mart and involved computers. He entered a plea of "no contest" and found guilty on that plea.

Mr. Polanski, whose address is listed as the Lorain Correctional Institution in Grafton, Ohio, was originally charged with one count of Felonious Assault and one count of Kidnapping. The State moved to amend the first count of a charge of Attempted Aggravated Assault and moved to dismiss the second count. Mr. Polanski then entered a guilty plea to the charge of Attempted Aggravated Assault.

Mr. Kaiser, whose address is listed as 3651 Nichols Road in Medina, Ohio, entered a plea of guilty to one count of Driving While Under the Influence of Alcohol. Because he had four convictions for the same offense within 20 years of committing the present offense, the DWI charge was a fourth degree felony.

Sterling Man Pleads Out to Stealing from Sterling Jewelers

Corey A. Zoss of Kaufman Avenue in Sterling, Ohio, entered a no contest plea to one count of Theft, a third degree felony, in Judge Kimbler's courtroom on Monday, August 9, 2010. Mr. Zoss is charged with taking jewelry from Sterling Jewelers in an amount equal to or exceeding $100,000.00 but less than $500,000.00. Judge Kimbler took the no contest plea, found Mr. Zoss guilty, and then ordered a pre-sentence investigation. The sentencing will take place on September 30, 2010. Judge Kimbler also continued Mr. Zoss's bond.