Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court on November 14, 2011:
Antonio Bland, 23, of Banbury Circle in Warrensville Heights, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Unlawful Sexual Conduct with a Minor, a fourth-degree felony. A jury convicted Bland of the charge earlier in the month. He also was labeled a Tier II Sex Offender.
Ryan Foster, 38, of Rob Street NW in Massillon, was sentenced to 13 years in prison on one count of Attempted Murder, a first-degree felony; one count of Aggravated Burglary, a first-degree felony; and one count of Tampering with Evidence, a third-degree felony.
Ross Frame, 24, of Buffham Road in Seville, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Melissa Jones, 51, of Wadsworth Road in Medina, was sentenced to two years in prison on five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; one count of Corrupting Another with Drugs, a fourth-degree felony; and one count of Contributing to the Unruliness of a Minor, a first-degree misdemeanor. She also was labeled a Tier II Sex Offender.
Nacole Fowler, 25, of College Street in Wadsworth, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 13.
Shannon Hurley, 41, of Barra Drive in Brunswick, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a third-degree felony and two counts of Contributing to the Unruliness/Delinquency of a Minor, both of which are first-degree misdemeanors. A jury trial is scheduled for February 13.
John Keller, 31, of Pearl Road in Brunswick, pleaded not guilty to one count of Trafficking in Drugs within the Vicinity of a Juvenile or School, a third-degree felony and one count of Trafficking in Drugs, a fifth-degree felony. A jury trial is scheduled for February 13.
Thomas Wick, 36, of Courtland Oval in Brunswick, pleaded not guilty to two counts of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for December 21.
Michael Zahurak, 21, of Lakewood, pleaded guilty to one count of Burglary, a third-degree felony. Sentencing is scheduled for December 27.
Tuesday, November 29, 2011
Monday, November 28, 2011
Medina County Probation Department Awarded Grants from State
Judge James L. Kimbler announced on Monday, November 28, 2011, that the Department of Correction and Rehabilitation has given the Medina County Probation Department permission to apply for a $253,454.00 grant to the Medina County Adult Probation Department. This grant will be used over the next 18 months to put offenders on home incarceration and to place offenders in half-way houses in Summit and Cuyahoga Counties.
Veronica Perry, Chief Probation Officer of the Medina County Adult Probation Department, applied for the grant in October of 2011. The grant was made available following the adoption of House Bill 86, the new criminal sentencing bill that took effect on September 30, 2011.
Ms. Perry also announced on Monday that her department has received also received permission from the Department to apply for a technology grant. This grant will be used to gather and store electronic data about offenders. This date will the be used by the Department of Corrections and Rehabilitation to track the efficiency of sanctions that are used to punish Ohio's offenders.
Veronica Perry, Chief Probation Officer of the Medina County Adult Probation Department, applied for the grant in October of 2011. The grant was made available following the adoption of House Bill 86, the new criminal sentencing bill that took effect on September 30, 2011.
Ms. Perry also announced on Monday that her department has received also received permission from the Department to apply for a technology grant. This grant will be used to gather and store electronic data about offenders. This date will the be used by the Department of Corrections and Rehabilitation to track the efficiency of sanctions that are used to punish Ohio's offenders.
Jury Awards Nova Woman Verdict of $233,000.00
On Wednesday, November 24, 2011, a jury in Judge Kimbler's court returned a verdict of $233,000.00 in favor of Irma Hardesty of Nova, Ohio. The verdict was for damages sustained in an automobile collision at the intersection of Route 224 and Route 301 in Homerville in southern Medina County. The accident took place on November 18, 2007.
The jury broke down the damages as follows: $30,000.00 for medical bills; $3,000.00 for other economic damages; and $200,000.00 for non-economic damages. Prior to trial Mrs. Hardesty had offered to settle the case for $130,000.00.
There were two defendants. One was the person who Mrs. Hardesty alleged caused the accident, Lynn Dupree, and the other was Westfield Insurance Group, which had issued a underinsured motorist policy to Mrs. Hardesty.
During the trial Mrs. Hardesty settled with Mrs. Dupree's insurance company for $85,000.00. Westfiled then tendered that amount to Mrs. Hardesty in order to keep Mrs. Dupree in the lawsuit. Westfield offered $5,000.00 to settle the underinsured motorist claim in response to Mrs. Hardesty's demand of $30,000.00 following the tender of the $85,000.00 from Westfield.
The jury trial took three days. It started on Monday and finished on Wednesday
The jury broke down the damages as follows: $30,000.00 for medical bills; $3,000.00 for other economic damages; and $200,000.00 for non-economic damages. Prior to trial Mrs. Hardesty had offered to settle the case for $130,000.00.
There were two defendants. One was the person who Mrs. Hardesty alleged caused the accident, Lynn Dupree, and the other was Westfield Insurance Group, which had issued a underinsured motorist policy to Mrs. Hardesty.
During the trial Mrs. Hardesty settled with Mrs. Dupree's insurance company for $85,000.00. Westfiled then tendered that amount to Mrs. Hardesty in order to keep Mrs. Dupree in the lawsuit. Westfield offered $5,000.00 to settle the underinsured motorist claim in response to Mrs. Hardesty's demand of $30,000.00 following the tender of the $85,000.00 from Westfield.
The jury trial took three days. It started on Monday and finished on Wednesday
Thursday, November 17, 2011
Holman Named "Prosecutor of the Year" by Fellow Prosecutors
Dean Holman, Medina County Prosecutor, has been selected “2011 Prosecutor of the Year,” by the Ohio Prosecuting Attorneys Association.
Holman was selected for the award by the OPAA’s Awards Committee, based on nomination. He was among the state’s 88 county prosecutors who were eligible for the award. He was notified by phone of his selection.
“It is gratifying to be recognized by my peers,” Holman said. “It is an honor to lead the Medina County Prosecutor’s Office. I am only as good as my staff. This award reflects well on their hard work and dedication.” He oversees 15 assistant prosecutors and 12 support staff, who work in the Criminal, Juvenile, Civil and Child Support divisions.
Although Holman is the County Prosecutor, he remains first and foremost a trial lawyer.
In 2011, he tried the Aggravated Murder case of Dennis Auerswald, secured a conviction and a sentence of 30 years to life. He also has handled other violent felonies, including Attempted Murder, Felonious Assault and Rape cases.
Other notable cases include the trials and convictions of Steven Bozsik, Aggravated Murder; Lynn Curtis, Rape; Steven Latham, Felonious Assault on Police Officers; Michael Drippon, Murder; and Shaun Cleland, Aggravated Murder.
Holman said his most interesting trial was the case of the State of Ohio vs. Alton Cromartie, in 2006. The defendant was charged with Felonious Assault, along with numerous other violent charges.
“Cromartie was one of the most dangerous, intelligent and diabolical defendants I have seen,” Holman said. The defendant was sentenced to 19 years in prison in November, 2006.
Holman was elected Medina County Prosecuting Attorney in 1988 and re-elected to that position again in 1992, 1996, 2000, 2004 and 2008. Prosecutor Holman received his undergraduate and law degree from the University of Akron.
Holman was an assistant Medina County Prosecutor from 1981 to 1984, when he argued the case of the State of Ohio vs. Teresa Bickerstaff before the Ohio Supreme Court. He was the chief assistant prosecutor in Huron County from 1985 to 1986. He maintained a private law practice in Brunswick from 1985 to 1997.
He is a member and board member of the Brunswick Optimist Club, past member of the Brunswick Chamber of Commerce, past member of the Board of Directors of the Brunswick Salvation Army and of the Board of Directors of the Cleveland Baseball Foundation.
He is a member of the OPAA executive committee and also has served as president, secretary and treasurer of the organization.
Holman will be recognized and receive his award at OPAA’s annual dinner in Columbus December 1.
For more information contact:
Scott Salisbury
330-723-9543
Holman was selected for the award by the OPAA’s Awards Committee, based on nomination. He was among the state’s 88 county prosecutors who were eligible for the award. He was notified by phone of his selection.
“It is gratifying to be recognized by my peers,” Holman said. “It is an honor to lead the Medina County Prosecutor’s Office. I am only as good as my staff. This award reflects well on their hard work and dedication.” He oversees 15 assistant prosecutors and 12 support staff, who work in the Criminal, Juvenile, Civil and Child Support divisions.
Although Holman is the County Prosecutor, he remains first and foremost a trial lawyer.
In 2011, he tried the Aggravated Murder case of Dennis Auerswald, secured a conviction and a sentence of 30 years to life. He also has handled other violent felonies, including Attempted Murder, Felonious Assault and Rape cases.
Other notable cases include the trials and convictions of Steven Bozsik, Aggravated Murder; Lynn Curtis, Rape; Steven Latham, Felonious Assault on Police Officers; Michael Drippon, Murder; and Shaun Cleland, Aggravated Murder.
Holman said his most interesting trial was the case of the State of Ohio vs. Alton Cromartie, in 2006. The defendant was charged with Felonious Assault, along with numerous other violent charges.
“Cromartie was one of the most dangerous, intelligent and diabolical defendants I have seen,” Holman said. The defendant was sentenced to 19 years in prison in November, 2006.
Holman was elected Medina County Prosecuting Attorney in 1988 and re-elected to that position again in 1992, 1996, 2000, 2004 and 2008. Prosecutor Holman received his undergraduate and law degree from the University of Akron.
Holman was an assistant Medina County Prosecutor from 1981 to 1984, when he argued the case of the State of Ohio vs. Teresa Bickerstaff before the Ohio Supreme Court. He was the chief assistant prosecutor in Huron County from 1985 to 1986. He maintained a private law practice in Brunswick from 1985 to 1997.
He is a member and board member of the Brunswick Optimist Club, past member of the Brunswick Chamber of Commerce, past member of the Board of Directors of the Brunswick Salvation Army and of the Board of Directors of the Cleveland Baseball Foundation.
He is a member of the OPAA executive committee and also has served as president, secretary and treasurer of the organization.
Holman will be recognized and receive his award at OPAA’s annual dinner in Columbus December 1.
For more information contact:
Scott Salisbury
330-723-9543
Wednesday, November 16, 2011
Jury Finds Woman Guilty of RSP of a License Plate
A jury in Judge Kimbler's court found Danielle E. Schmolz, formerly of Hemlock Court in Brunswick, guilty of Receiving Stolen Property on Tuesday, November 15, 2011. Ms. Schmolz was indicted after police found a stolen temporary tag on her vehicle. The tag on Ms. Schmolz's vehicle had expired about a week before the other tag went missing. The stolen tag was from a vehicle in the same Brunswick apartment complex and was on a vehicle that was the same make and model as Ms. Schmolz's vehicle, but a different model year. Under Ohio law receiving stolen property in the form of a license plate or temporary tag is a fifth degree felony.
Although Ms. Schmolz initially told the police that the tag was hers and that she had purchased it in Medina, she changed her statement when the officer pointed out that the tag didn't match her vehicle's vehicle identification number. She then told the police that she had heard people talking about taking the tag but she declined to give the police officer investigating the theft the name of the people.
The trial started on Monday afternoon and concluded on Tuesday afternoon. The jury deliberated about an hour before reaching its verdict. Following the verdict, Judge Kimbler continued Ms. Schmolz's bond and ordered a pre-sentence investigation. Sentence will be imposed on January 5, 2012.
Although Ms. Schmolz initially told the police that the tag was hers and that she had purchased it in Medina, she changed her statement when the officer pointed out that the tag didn't match her vehicle's vehicle identification number. She then told the police that she had heard people talking about taking the tag but she declined to give the police officer investigating the theft the name of the people.
The trial started on Monday afternoon and concluded on Tuesday afternoon. The jury deliberated about an hour before reaching its verdict. Following the verdict, Judge Kimbler continued Ms. Schmolz's bond and ordered a pre-sentence investigation. Sentence will be imposed on January 5, 2012.
Sunday, November 13, 2011
Judge Kimbler's Criminal Docket for November 10, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court November 10:
Crystal Cook, 28, of Guilford Road in Seville, was sentenced to three years of community control sanctions on one count of Trafficking in Oxycodone, a third-degree felony. Her driver’s license was suspended for six months.
Jeffrey Davis, 24, of North Red Rock Drive in Strongsville, was sentenced to three years of community control sanctions on one count of Failure to Comply with a Police Officer, a fourth-degree felony.
Jerrold Green, 40, of Gibbard Street in Columbus, was sentenced to two years in prison on one count of Possession of Crack Cocaine, a second-degree felony and one count of Tampering with Evidence, a third-degree felony.
Shane Jones, 32, of Wall Road in Rittman, was sentenced to three years of community control sanctions on one count of Possession of Cocaine; one count of Receiving Stolen Property; and one count of Theft of a Credit Card, all of which are fifth-degree felonies.
Jacqueline Rogers, 65, of Dunbar Circle in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Oxycodone, a third-degree felony and one count of Trafficking in Drugs, a fourth-degree felony. Her driver’s license was suspended for six months.
Wayne Roper Jr., 19, of Warren, was sentenced to 159 days in jail on one count of Theft of a Firearm, a third-degree felony.
Lewis Urconis, 19, of Dover Road in Apple Creek, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony. His driver’s license was suspended for six months.
Robert Wehner, 43, of Ruth Drive in Brunswick, was sentenced to three years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony and one count of Theft, a first-degree misdemeanor. He was ordered to pay $2,018.65 in restitution.
Trevor Freeman, 18, of Grafton Road in Brunswick Hills, pleaded not guilty to one count of Receiving Stolen Property, Firearm, a fourth-degree felony. A jury trial is scheduled for January 17.
Brennen Jenewein, 23, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for January 17.
Willie Nix, 41, of Cumberland Avenue in Cleveland, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.
Michael Romito, 19, of Emerald Lane in Brunswick, pleaded not guilty to one count of Theft of a Credit Card, a fifth-degree felony. A jury trial is scheduled for January 18.
Timothy Sinclair, 29, of Granger Road in Medina, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for December 22.
Medina County Prosecutor
The following people appeared in court November 10:
Crystal Cook, 28, of Guilford Road in Seville, was sentenced to three years of community control sanctions on one count of Trafficking in Oxycodone, a third-degree felony. Her driver’s license was suspended for six months.
Jeffrey Davis, 24, of North Red Rock Drive in Strongsville, was sentenced to three years of community control sanctions on one count of Failure to Comply with a Police Officer, a fourth-degree felony.
Jerrold Green, 40, of Gibbard Street in Columbus, was sentenced to two years in prison on one count of Possession of Crack Cocaine, a second-degree felony and one count of Tampering with Evidence, a third-degree felony.
Shane Jones, 32, of Wall Road in Rittman, was sentenced to three years of community control sanctions on one count of Possession of Cocaine; one count of Receiving Stolen Property; and one count of Theft of a Credit Card, all of which are fifth-degree felonies.
Jacqueline Rogers, 65, of Dunbar Circle in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Oxycodone, a third-degree felony and one count of Trafficking in Drugs, a fourth-degree felony. Her driver’s license was suspended for six months.
Wayne Roper Jr., 19, of Warren, was sentenced to 159 days in jail on one count of Theft of a Firearm, a third-degree felony.
Lewis Urconis, 19, of Dover Road in Apple Creek, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony. His driver’s license was suspended for six months.
Robert Wehner, 43, of Ruth Drive in Brunswick, was sentenced to three years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony and one count of Theft, a first-degree misdemeanor. He was ordered to pay $2,018.65 in restitution.
Trevor Freeman, 18, of Grafton Road in Brunswick Hills, pleaded not guilty to one count of Receiving Stolen Property, Firearm, a fourth-degree felony. A jury trial is scheduled for January 17.
Brennen Jenewein, 23, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for January 17.
Willie Nix, 41, of Cumberland Avenue in Cleveland, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.
Michael Romito, 19, of Emerald Lane in Brunswick, pleaded not guilty to one count of Theft of a Credit Card, a fifth-degree felony. A jury trial is scheduled for January 18.
Timothy Sinclair, 29, of Granger Road in Medina, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for December 22.
Saturday, November 12, 2011
Judge Collier's Criminal Docket for November 7, 2011
Submitted by Dean HolmanMedina County Prosecutor
The following people appeared in court November 7:
James Brumbaugh, 40, of North Lane in Willoughby, was sentenced to five years of community control sanctions, with 62 days in jail, on two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. He also was ordered to pay a $1,500 fine. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.
Ronald Graves, 48, of Lodi Road in Lodi, was sentenced to one year in prison for a probation violation on two original charges of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony.
Domenic Humenik, 31, of Princeton Drive in Brunswick, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Randy Newberry, 31, of Fraze Road in Marshallville, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Angela Demchak, 33, of Fillmore Drive in Brunswick, pleaded to not guilty one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 12.
Casey Gardner, 24, of Ridgeview Drive in Medina, pleaded not guilty to four counts of Forgery, all of which are fifth-degree felonies. A jury trial is scheduled for December 28.
Michael Myers, 22, of Fairmont Avenue in Rittman, pleaded guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. Sentencing is scheduled for December 19.
David Pack, 55, of High Street in Wadsworth, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 19.
David Soban, 23, of Crocus Place in Barberton, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for December 14.
Joseph Stazzon, 47, of West 60th Street in Cleveland, pleaded not guilty to one count of Rape, a first-degree felony. The charge carries a Repeat Violent Offender specification. A jury trial is scheduled for December 19. He remains in Medina County Jail on $200,000 bond.
Joseph Yatsko, 18, of Babcock Road in Hinckley, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for December 19.
The following people appeared in court November 7:
James Brumbaugh, 40, of North Lane in Willoughby, was sentenced to five years of community control sanctions, with 62 days in jail, on two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. He also was ordered to pay a $1,500 fine. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.
Ronald Graves, 48, of Lodi Road in Lodi, was sentenced to one year in prison for a probation violation on two original charges of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony.
Domenic Humenik, 31, of Princeton Drive in Brunswick, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Randy Newberry, 31, of Fraze Road in Marshallville, was sentenced to three years of community control sanctions, with 180 days in jail, on one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Angela Demchak, 33, of Fillmore Drive in Brunswick, pleaded to not guilty one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 12.
Casey Gardner, 24, of Ridgeview Drive in Medina, pleaded not guilty to four counts of Forgery, all of which are fifth-degree felonies. A jury trial is scheduled for December 28.
Michael Myers, 22, of Fairmont Avenue in Rittman, pleaded guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. Sentencing is scheduled for December 19.
David Pack, 55, of High Street in Wadsworth, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 19.
David Soban, 23, of Crocus Place in Barberton, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for December 14.
Joseph Stazzon, 47, of West 60th Street in Cleveland, pleaded not guilty to one count of Rape, a first-degree felony. The charge carries a Repeat Violent Offender specification. A jury trial is scheduled for December 19. He remains in Medina County Jail on $200,000 bond.
Joseph Yatsko, 18, of Babcock Road in Hinckley, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for December 19.
Tuesday, November 08, 2011
Medina Man Pleads to Burglary, Gets Two Years in Prison
David W. Klein, 25, of Columbia Road in Medina, appeared in Judge Kimbler's court on Monday, November 7, 2011 and entered a plea of guilty to two burglary charges. The charges involved two separate incidents.
Klein was originally charged with one count of aggravated burglary and one count of burglary. In exchange for Klein entering a guilty plea on both charges, the State reduced the first count from a first degree felony to a second degree felony. Both the State and Klein then recommended to Judge Kimbler that he impose a two year prison sentence. Judge Kimbler concurred with the recommendation. Judge Kimbler also gave Klein credit for 162 days spent in the Medina County Jail awaiting trial on the burglaries.
There is a co-defendant whose charges are still pending. His case is set for trial.
Klein was originally charged with one count of aggravated burglary and one count of burglary. In exchange for Klein entering a guilty plea on both charges, the State reduced the first count from a first degree felony to a second degree felony. Both the State and Klein then recommended to Judge Kimbler that he impose a two year prison sentence. Judge Kimbler concurred with the recommendation. Judge Kimbler also gave Klein credit for 162 days spent in the Medina County Jail awaiting trial on the burglaries.
There is a co-defendant whose charges are still pending. His case is set for trial.
Monday, November 07, 2011
Judge Kimbler's Criminal Docket for November 4, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court November 4:
Jason Clark, 22, of Kimmich Drive in Brunswick, was sentenced to one year of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony.
Paul Jugov, 46, of High Point Drive in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, one of which is a third-degree felony and one of which is a fourth-degree felony.
Kristen Thompson, 22, of Mills Street in Wadsworth, was sentenced to two years in prison on one count of Aggravated Vehicular Assault, a third-degree felony. Her driver’s license was suspended for four years.
Jackie Powell, 39, of South East Street in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony and two counts of Permitting Drug Abuse, both of which are fifth-degree felonies.
Shane Powers, 38, of Ryan Road in Medina, was sentenced to 95 days in jail on one count of Violation of a Protection Order, a fifth-degree felony.
Susan Canfield, 38, of South Seneca Street in Rittman, pleaded not guilty to one count of Receiving Stolen Property, Credit Card, a fifth-degree felony. A jury trial is scheduled for January 11.
John Dorko, 19, of Harding Street in Medina, pleaded not guilty to one count of Theft of a Credit Card and one count of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for January 11.
Michael Smith, 38, of Kent Court in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 11.
Jordan Williams, 23, of Avery Road in Peebles, pleaded guilty to two counts of Robbery, both of which are third-degree felonies. Sentencing is scheduled for December 15.
Medina County Prosecutor
The following people appeared in court November 4:
Jason Clark, 22, of Kimmich Drive in Brunswick, was sentenced to one year of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony.
Paul Jugov, 46, of High Point Drive in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, one of which is a third-degree felony and one of which is a fourth-degree felony.
Kristen Thompson, 22, of Mills Street in Wadsworth, was sentenced to two years in prison on one count of Aggravated Vehicular Assault, a third-degree felony. Her driver’s license was suspended for four years.
Jackie Powell, 39, of South East Street in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Crack Cocaine, a fourth-degree felony and two counts of Permitting Drug Abuse, both of which are fifth-degree felonies.
Shane Powers, 38, of Ryan Road in Medina, was sentenced to 95 days in jail on one count of Violation of a Protection Order, a fifth-degree felony.
Susan Canfield, 38, of South Seneca Street in Rittman, pleaded not guilty to one count of Receiving Stolen Property, Credit Card, a fifth-degree felony. A jury trial is scheduled for January 11.
John Dorko, 19, of Harding Street in Medina, pleaded not guilty to one count of Theft of a Credit Card and one count of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for January 11.
Michael Smith, 38, of Kent Court in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 11.
Jordan Williams, 23, of Avery Road in Peebles, pleaded guilty to two counts of Robbery, both of which are third-degree felonies. Sentencing is scheduled for December 15.
Judge Collier's Criminal Docket for October 31, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 31:
Jeremy Diestler, 21, of Neff Road in Medina, was sentenced to 18 months in prison on one count of Receiving Stolen Property, Firearms, a fourth-degree felony.
Michael Hixson, 20, of Friendship Street in Medina, was sentenced to nine months in prison on two counts of Trafficking in Drugs, one of which is a third-degree felony and one of which is a fourth-degree felony. The fourth-degree charge carries a forfeiture specification.
Michael Bougher, 20, of Park Street in Wadsworth, pleaded no contest to one count of Felonious Assault, a second-degree felony. Sentencing is scheduled for December 12.
Dennis Byrne, 50, of Gaylann Drive in Brunswick, pleaded guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony. Sentencing is scheduled for December 12.
Michael Fairchild, 34, of Glen Cove Commons in Brunswick, pleaded guilty to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for December 12.
Lynn Huffman, 35, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft of a Drug, a fourth-degree felony. A jury trial is scheduled for December 12.
David Johnson Jr., 23, of Granger Road in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for February 6.
Edward Korzinski Jr., 44, of Tudor Avenue in Brunswick, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for February 6.
James Piskac, 21, of Woodling Way in Medina, pleaded not guilty to one count of Assault on a Peace Officer, a fourth-degree felony and two counts of Obstructing Official Business, both of which are fifth-degree felonies. A jury trial is scheduled for February 6.
Andrew Salchenberg, 27, pleaded guilty and was sentenced to six months in jail on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.
Elizabeth Wheeler, 22, of Liberty Street in Seville, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony and one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for February 6.
Medina County Prosecutor
The following people appeared in court October 31:
Jeremy Diestler, 21, of Neff Road in Medina, was sentenced to 18 months in prison on one count of Receiving Stolen Property, Firearms, a fourth-degree felony.
Michael Hixson, 20, of Friendship Street in Medina, was sentenced to nine months in prison on two counts of Trafficking in Drugs, one of which is a third-degree felony and one of which is a fourth-degree felony. The fourth-degree charge carries a forfeiture specification.
Michael Bougher, 20, of Park Street in Wadsworth, pleaded no contest to one count of Felonious Assault, a second-degree felony. Sentencing is scheduled for December 12.
Dennis Byrne, 50, of Gaylann Drive in Brunswick, pleaded guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony. Sentencing is scheduled for December 12.
Michael Fairchild, 34, of Glen Cove Commons in Brunswick, pleaded guilty to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for December 12.
Lynn Huffman, 35, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft of a Drug, a fourth-degree felony. A jury trial is scheduled for December 12.
David Johnson Jr., 23, of Granger Road in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for February 6.
Edward Korzinski Jr., 44, of Tudor Avenue in Brunswick, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for February 6.
James Piskac, 21, of Woodling Way in Medina, pleaded not guilty to one count of Assault on a Peace Officer, a fourth-degree felony and two counts of Obstructing Official Business, both of which are fifth-degree felonies. A jury trial is scheduled for February 6.
Andrew Salchenberg, 27, pleaded guilty and was sentenced to six months in jail on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.
Elizabeth Wheeler, 22, of Liberty Street in Seville, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony and one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for February 6.
Friday, October 28, 2011
Judge Kimbler's Criminal Docket for October 27, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 27:
Robert Blazek, 22, of Sharon Copley Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A forfeiture specification is attached to the charges. His driver’s license was suspended for six months.
Kristopher Buterbaugh, 23, of Lodi Road in Lodi, was sentenced to one year in prison on the following charges: one count of Burglary, a second-degree felony; one count of Trafficking in Oxycodone, a third-degree felony; and one count of Possession of Criminal Tools, a fifth-degree felony. His driver’s license was suspended for six months.
Tabitha Lavender, 19, of Prospect Street in Lodi, was sentenced to three years of community control sanctions, with 30 days of house arrest, on one count of Misuse of Credit Cards, Elderly, and one count of Theft of Credit Cards, Elderly, both of which are fifth-degree felonies.
Matthew Myers, 39, of Greenwich Road in Homerville, was sentenced to nine months in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.
Ricki Back, 34, of Lafayette Road in Medina, pleaded not guilty to two counts of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for December 21.
Kenneth Belcher, 38, of Miner Drive in Medina, pleaded not guilty to the following charges: one count of Possession of Drugs, a third-degree felony; one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony; two counts of Complicity to Commit Illegal Processing of Drug Documents, both of which are fourth-degree felonies; three counts of Illegal Processing of Drug Documents, all of which are fourth-degree felonies; and one four counts of Illegal Processing of Drug Documents, all of which are fifth-degree felonies. A jury trial is scheduled for January 3.
Benjamin Gordon, 24, of Harlem Road in Galena, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for December 20.
Samantha Nelson, 25, of High Street in Wadsworth, pleaded not guilty to three counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for January 4.
Terry Pugh, 50, of West Union Street, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 8.
Medina County Prosecutor
The following people appeared in court October 27:
Robert Blazek, 22, of Sharon Copley Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A forfeiture specification is attached to the charges. His driver’s license was suspended for six months.
Kristopher Buterbaugh, 23, of Lodi Road in Lodi, was sentenced to one year in prison on the following charges: one count of Burglary, a second-degree felony; one count of Trafficking in Oxycodone, a third-degree felony; and one count of Possession of Criminal Tools, a fifth-degree felony. His driver’s license was suspended for six months.
Tabitha Lavender, 19, of Prospect Street in Lodi, was sentenced to three years of community control sanctions, with 30 days of house arrest, on one count of Misuse of Credit Cards, Elderly, and one count of Theft of Credit Cards, Elderly, both of which are fifth-degree felonies.
Matthew Myers, 39, of Greenwich Road in Homerville, was sentenced to nine months in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.
Ricki Back, 34, of Lafayette Road in Medina, pleaded not guilty to two counts of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for December 21.
Kenneth Belcher, 38, of Miner Drive in Medina, pleaded not guilty to the following charges: one count of Possession of Drugs, a third-degree felony; one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony; two counts of Complicity to Commit Illegal Processing of Drug Documents, both of which are fourth-degree felonies; three counts of Illegal Processing of Drug Documents, all of which are fourth-degree felonies; and one four counts of Illegal Processing of Drug Documents, all of which are fifth-degree felonies. A jury trial is scheduled for January 3.
Benjamin Gordon, 24, of Harlem Road in Galena, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for December 20.
Samantha Nelson, 25, of High Street in Wadsworth, pleaded not guilty to three counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for January 4.
Terry Pugh, 50, of West Union Street, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 8.
Judge Collier's Criminal Docket for October 24, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 24:
Jeffrey Turner, 25, of Abbeyville Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Thomas Ady, 35, of Cherokee Lane in Creston, pleaded not guilty to one count of Illegal Processing of Drug Documents, a fourth-degree felony. A jury trial is scheduled for January 23.
Aaron Bain, 25, of Kepler Avenue in Canal Fulton, pleaded no contest to one count of Burglary, a second-degree felony. Sentencing is scheduled for December 15.
Quay Barber, 45, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Theft of Drugs, a fourth-degree felony. A jury trial is scheduled for December 7.
Samuel Bissell Jr., 31, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Shanna Bissell, 38, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Jeremy Diestler, 21, of Neff Road in Medina, pleaded no contest to one count of Receiving Stolen Property and guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for December 15.
Adam Hefflin, 22, of South Huntington Street in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for December 15.
Anthony Konopinski, 20, of Guilford Road in Seville, pleaded no contest to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for December 5.
Shary Kovach, 29, of Lafayette Road in Medina, pleaded not guilty to one count of Misuse of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 23.
David Lynch, 45, of Elyria Street in Lodi, pleaded no contest to the following charges: two counts of Attempted Murder, both of which carry a firearm specification; one count of Felonious Assault, a second-degree, which also carries a firearm specification; and one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 5.
Justin Seliskar, 32, of Sturbridge Drive in Medina, pleaded no contest and was sentenced to nine months of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.
Loni Yates, 23, of West Union Street, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 25.
Medina County Prosecutor
The following people appeared in court October 24:
Jeffrey Turner, 25, of Abbeyville Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Thomas Ady, 35, of Cherokee Lane in Creston, pleaded not guilty to one count of Illegal Processing of Drug Documents, a fourth-degree felony. A jury trial is scheduled for January 23.
Aaron Bain, 25, of Kepler Avenue in Canal Fulton, pleaded no contest to one count of Burglary, a second-degree felony. Sentencing is scheduled for December 15.
Quay Barber, 45, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Theft of Drugs, a fourth-degree felony. A jury trial is scheduled for December 7.
Samuel Bissell Jr., 31, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Shanna Bissell, 38, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Jeremy Diestler, 21, of Neff Road in Medina, pleaded no contest to one count of Receiving Stolen Property and guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for December 15.
Adam Hefflin, 22, of South Huntington Street in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for December 15.
Anthony Konopinski, 20, of Guilford Road in Seville, pleaded no contest to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for December 5.
Shary Kovach, 29, of Lafayette Road in Medina, pleaded not guilty to one count of Misuse of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 23.
David Lynch, 45, of Elyria Street in Lodi, pleaded no contest to the following charges: two counts of Attempted Murder, both of which carry a firearm specification; one count of Felonious Assault, a second-degree, which also carries a firearm specification; and one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 5.
Justin Seliskar, 32, of Sturbridge Drive in Medina, pleaded no contest and was sentenced to nine months of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.
Loni Yates, 23, of West Union Street, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 25.
Friday, October 21, 2011
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Judge Kimbler's Criminal Docket for October 20, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 20:
Lisa Breedlove, 32, of East Homestead Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony.
Charles Smith, 28, of Springbrook Drive in Medina, was sentenced to six months in jail on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Dontayvis Bankston, 38, of Young Street in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for December 20.
Robert Bennett, 28, of 21st Street in Barberton, pleaded not guilty to the following charges: one count of Failure to Comply with a Police Officer, a third-degree felony; one count of Attempted Tampering with Evidence, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for December 19.
Scott Kitchen, 24, of Doylestown, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for December 19.
Heather Weaver, 25, of Third Street in Wadsworth, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for December 21.
Medina County Prosecutor
The following people appeared in court October 20:
Lisa Breedlove, 32, of East Homestead Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony.
Charles Smith, 28, of Springbrook Drive in Medina, was sentenced to six months in jail on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Dontayvis Bankston, 38, of Young Street in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for December 20.
Robert Bennett, 28, of 21st Street in Barberton, pleaded not guilty to the following charges: one count of Failure to Comply with a Police Officer, a third-degree felony; one count of Attempted Tampering with Evidence, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for December 19.
Scott Kitchen, 24, of Doylestown, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for December 19.
Heather Weaver, 25, of Third Street in Wadsworth, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for December 21.
Judge Collier's Criminal Docket for October 17, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 17:
Jason Claycomb, 40, of Bigelow Drive in Chippewa Lake, was sentenced to two years of community control sanctions, with six months in jail, on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony. The charge carries the specification that the defendant has either been convicted of or pleaded guilty to five or more equivalent offenses within the last twenty years. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.
Sarah Cusick, 29, of North Court Street in Medina, was sentenced to six months in jail for a probation violation on an original charge of Possession of Heroin, a fifth-degree felony.
Lee Long, 23, of Canterbury Lane in Medina, was sentenced to one year in prison on to two counts of Trafficking in Drugs, both of which are third-degree felonies.
Eric Miller, 29, of West Washington Street in Medina, was sentenced to six months in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.
Lynn Power, 62, of Meadow Gateway Boulevard in Medina, was sentenced to four years in prison on one count of Gross Sexual Imposition, a third-degree felony. He also was labeled a Tier II Sex Offender.
Vonte Richmond, 57, of Blue Stone Road in Cleveland, was sentenced to one year of community control sanctions on one count of Breaking and Entering, a fifth-degree felony.
Michelle Yonts, 41, of Lawn Avenue in Cleveland, was sentenced to two years of community control sanctions, with six months in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Buster Emerson, 38, of Broad Street in Wadsworth, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for December 7.
Scott Emick, 41, of East 212th Street in Euclid, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.
Shin Kim, 42, of Chatham Way in Mayfield Heights, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for January 17.
Kimberly Lawson, 35, of Kentucky Avenue in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for January 18.
Amy Robinson, 36, of Helen Avenue in Brunswick, pleaded not guilty to one count of Theft from the Elderly, a first-degree felony. A jury trial is scheduled for January 17.
Samantha Swingle, 21, of West Washington Street in Medina, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 18.
Jessica Turpin, 23, of Abbeyville Road in Medina, pleaded not guilty to one count of Theft and one count of Theft from the Elderly, both of which are fifth-degree felonies. A jury trial is scheduled for January 23.
Clinton Vojtech, 34, of West Buckeye Street in West Salem, pleaded not guilty to four counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for January 18.
Medina County Prosecutor
The following people appeared in court October 17:
Jason Claycomb, 40, of Bigelow Drive in Chippewa Lake, was sentenced to two years of community control sanctions, with six months in jail, on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony. The charge carries the specification that the defendant has either been convicted of or pleaded guilty to five or more equivalent offenses within the last twenty years. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.
Sarah Cusick, 29, of North Court Street in Medina, was sentenced to six months in jail for a probation violation on an original charge of Possession of Heroin, a fifth-degree felony.
Lee Long, 23, of Canterbury Lane in Medina, was sentenced to one year in prison on to two counts of Trafficking in Drugs, both of which are third-degree felonies.
Eric Miller, 29, of West Washington Street in Medina, was sentenced to six months in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.
Lynn Power, 62, of Meadow Gateway Boulevard in Medina, was sentenced to four years in prison on one count of Gross Sexual Imposition, a third-degree felony. He also was labeled a Tier II Sex Offender.
Vonte Richmond, 57, of Blue Stone Road in Cleveland, was sentenced to one year of community control sanctions on one count of Breaking and Entering, a fifth-degree felony.
Michelle Yonts, 41, of Lawn Avenue in Cleveland, was sentenced to two years of community control sanctions, with six months in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Buster Emerson, 38, of Broad Street in Wadsworth, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for December 7.
Scott Emick, 41, of East 212th Street in Euclid, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.
Shin Kim, 42, of Chatham Way in Mayfield Heights, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for January 17.
Kimberly Lawson, 35, of Kentucky Avenue in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for January 18.
Amy Robinson, 36, of Helen Avenue in Brunswick, pleaded not guilty to one count of Theft from the Elderly, a first-degree felony. A jury trial is scheduled for January 17.
Samantha Swingle, 21, of West Washington Street in Medina, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 18.
Jessica Turpin, 23, of Abbeyville Road in Medina, pleaded not guilty to one count of Theft and one count of Theft from the Elderly, both of which are fifth-degree felonies. A jury trial is scheduled for January 23.
Clinton Vojtech, 34, of West Buckeye Street in West Salem, pleaded not guilty to four counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for January 18.
Monday, October 17, 2011
Fired Brunswick Fire Captain Wins Appeal, New Trial Ordered
On Monday, October 17, 2011 the Court of Appeals for the Ninth Judicial District, which hears appeals from trial courts in Lorain, Medina, Summit and Wayne Counties reversed a decision of Judge Kimbler's and remanded the case back to the Medina County Common Pleas Court. The case involved Harry Caudill, a former fire captain in the Brunswick Fire Department, who was fired by the City in 2005. In an earlier proceeding Judge Kimbler had sent the case back to Brunswick for a re-hearing of the City's decision to fire Caudill. The City conducted another hearing and again found that Caudill should be fired.
Caudill appealed that decision to the Medina County Court of Common Pleas and Judge Kimbler held that the City's decision should be reviewed as an administrative appeal under Chapter 2906 of the Ohio Revised Code. The Court of Appeals, however, decided that the case should be handled under Chapter 124 and Chapter 119 of the Revised Code. The difference is substantial. Under the reasoning of the Court of Appeals Mr. Caudill is entitled to a full hearing as opposed to the procedure used by Judge Kimbler in which he reviewed the transcripts of the hearing held by the City.
When the case is remanded back to the Common Pleas Court, Mr. Caudill will have the opportunity to call witnesses in support of his position and to cross-examine the witnesses called by the City. At that hearing the Common Pleas Court will not be under any obligation to give any deference to the City's decision to fire Mr. Caudill. Under the reasoning adopted by Judge Kimbler, the Court was to give deference to the City's decision unless the Court found that the decision was not supported by reliable, probative, and substantial evidence or unless the Court found that the firing was illegal, arbitrary, capricious or unconstitutional.
The City of Brunswick has the opportunity to appeal the Appeals Court's decision. Such a notice of appeal must be filed within 45 days of the October 17, 2011 decision.
Caudill appealed that decision to the Medina County Court of Common Pleas and Judge Kimbler held that the City's decision should be reviewed as an administrative appeal under Chapter 2906 of the Ohio Revised Code. The Court of Appeals, however, decided that the case should be handled under Chapter 124 and Chapter 119 of the Revised Code. The difference is substantial. Under the reasoning of the Court of Appeals Mr. Caudill is entitled to a full hearing as opposed to the procedure used by Judge Kimbler in which he reviewed the transcripts of the hearing held by the City.
When the case is remanded back to the Common Pleas Court, Mr. Caudill will have the opportunity to call witnesses in support of his position and to cross-examine the witnesses called by the City. At that hearing the Common Pleas Court will not be under any obligation to give any deference to the City's decision to fire Mr. Caudill. Under the reasoning adopted by Judge Kimbler, the Court was to give deference to the City's decision unless the Court found that the decision was not supported by reliable, probative, and substantial evidence or unless the Court found that the firing was illegal, arbitrary, capricious or unconstitutional.
The City of Brunswick has the opportunity to appeal the Appeals Court's decision. Such a notice of appeal must be filed within 45 days of the October 17, 2011 decision.
Entry Correcting Clerical Omission in Court's Journal Does Not Provide Defendant With New Right to Appeal
Court Holds That Correction Does Not Create a New 'Final Order' In Case
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."
State v. Lester, Slip Opinion No. 2011-Ohio-5204.
Auglaize App. No. 2-10-20. Judgment affirmed.
O'Connor, C.J., and Pfeifer and McGee Brown, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Lanzinger, J., dissents.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-5204.pdf
(Oct. 13, 2011) The Supreme Court of Ohio ruled today that when a trial court makes a “nunc pro tunc” (now for then) entry in its journal to correct a clerical omission in a prior judgment entry recording a criminal conviction, the correcting entry is not a new “final order” in the case that triggers a new right of appeal by the defendant.
In arriving at its decision, the Court modified its 2008 holding in State v. Baker and held that a judgment of conviction is a final order subject to appeal when it sets forth (1) the fact of the conviction, (2) the sentence, (3) the judge’s signature, and (4) the time stamp indicating that the judgment has been entered in the court’s journal.
The Court’s 4-3 majority opinion, authored by Justice Robert R. Cupp, affirmed a ruling by the 3rd District Court of Appeals.
The case involved Steven Lester of Auglaize County, who was convicted of multiple offenses in a 2006 jury trial and sentenced to a prison term to be followed by a term of postrelease control. In its journal entry recording that judgment, the trial court listed the offenses for which Lester had been convicted and the sentence imposed, but did not indicate whether the convictions were based on a guilty or no-contest plea, findings after a bench trial, or a verdict after a jury trial.
Lester appealed. The 3rd District Court of Appeals vacated part of his sentence because of an error in the postrelease control portion of the sentence. On remand, the trial court imposed the same prison term it had previously imposed and corrected the postrelease control portion of the sentence. In its revised sentencing entry, the court listed the offenses for which Lester had been convicted and the corrected sentence, but again did not indicate what type of court proceeding had resulted in his convictions. Lester filed a new appeal. The court of appeals affirmed the trial court’s sentence.
In April 2010 the trial court, on its own initiative, made a nunc pro tunc entry in its journal adding the information that Lester’s convictions were “pursuant to a verdict at Jury Trial returned on May 16, 2006.”
Lester filed a new notice of appeal, asserting that the insertion of the nunc pro tunc correcting entry in the court’s journal had created a “final order” in his case that triggered a new right of appeal. Prior to briefing, the 3rd District dismissed the appeal based on a finding that, because the nunc pro tunc entry had been made for the sole purpose of correcting a clerical omission to make the trial court’s journal accurately reflect what had actually occurred at trial, the correcting entry did not constitute a final order from which Lester had a right of appeal. Lester sought Supreme Court review of the case, and obtained certification of a conflict between the 3rd District’s ruling in his case and a 2010 decision of the 6th District, State v. Lampkin. The Supreme Court recognized the conflict and accepted Lester’s discretionary appeal.
Writing for the majority in today’s decision, Justice Cupp cited the requirement in Ohio Criminal Rule 32(C) that “(a) judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence.” He noted that in State v. Baker, a 2008 decision applying Crim.R. 32(C), the Court included language suggesting that a judgment entry should include “the manner of conviction: a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.”
“(T)his foregoing sentence appears to have created confusion and generated litigation regarding whether a trial court’s inadvertent omission of a defendant’s ‘manner of conviction’ affects the finality of a judgment entry of conviction,” wrote Justice Cupp.
“(W)e begin by observing that the purpose of Crim.R. 32(C) is to ensure that a defendant is on notice concerning when a final judgment has been entered and the time for filing an appeal has begun to run. ... We further observe that Crim.R. 32(C) clearly specifies the substantive requirements that must be included within a judgment entry of conviction to make it final for purposes of appeal and that the rule states that those requirements ‘shall’ be included in the judgment entry of conviction. These requirements are the fact of the conviction, the sentence, the judge’s signature, and the entry on the journal by the clerk. All of these requirements relate to the essence of the act of entering a judgment of conviction and are a matter of substance, and their inclusion in the judgment entry of conviction is therefore required. Without these substantive provisions, the judgment entry of conviction cannot be a final order subject to appeal under R.C. 2505.02. A judgment entry of conviction that includes the substantive provisions places a defendant on notice that a final judgment has been entered and the time for the filing of any appeal has begun.
“In contrast, when the substantive provisions of Crim.R. 32(C) are contained in the judgment of conviction, the trial court’s omission of how the defendant’s conviction was effected, i.e., the ‘manner of conviction,’ does not prevent the judgment of conviction from being an order that is final and subject to appeal. Crim.R. 32(C) does not require a judgment entry of conviction to recite the manner of conviction as a matter of substance, but it does require the judgment entry of conviction to recite the manner of conviction as a matter of form. In this regard, the identification of the particular method by which a defendant was convicted is merely a matter of orderly procedure rather than of substance. A guilty plea, a no-contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial explains how the fact of a conviction was effected. Consequently, the finality of a judgment entry of conviction is not affected by a trial court’s failure to include a provision that indicates the manner by which the conviction was effected, because that language is required by Crim.R. 32(C) only as a matter of form, provided the entry includes all the substantive provisions of Crim.R. 32(C).”
Justice Cupp’s opinion was joined by Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, and Evelyn Lundberg Stratton.
Justice Terrence O’Donnell entered a separate opinion, joined by Justice Yvette McGee Brown, in which he concurred with the Court’s holding that a judgment entry of conviction qualifies as a final order under Crim.R. 32(C) without stating the manner of a defendant’s conviction. He disagreed, however, with the majority’s further holding that Crim.R. 32(C) requires that such entries include the manner of a defendant’s conviction as a non-substantive “matter of form.”
Justice O’Donnell wrote: “The plain language of Crim.R. 32(C) requires only that ‘[a] judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence’; it does not direct a sentencing court to specify the manner of conviction. Rather, our decision in State v. Baker .... inadvertently added the requirement to specify the manner of conviction to Crim.R. 32(C). The majority makes an effort to sidestep this problem but unnecessarily complicates and compounds the error introduced in Baker by retaining a duty on the part of the sentencing court to specify the manner of conviction as a formal requirement. In my view, we should strike that part of Baker requiring sentencing courts to indicate the manner of conviction in the judgment of conviction and bring an end to the needless and meaningless litigation that ithas spawned, requiring appeals and rehearings all over the state.”
Justice Judith Ann Lanzinger entered a separate dissenting opinion in which she wrote: “Crim.R. 32(C) states what a judge shall do to enter a judgment of conviction that is subject to appeal. (In Baker) (w)e explained this rule and held pursuant to its clear wording: ‘A judgment of conviction is a final appealable order under R.C. 2505.02 when it sets forth (1) the guilty plea, the jury verdict, or the finding of the court upon which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4) entry on the journal by the clerk of court.’ ... Lester’s sentencing entry did not contain the first required element. His judgment entry did not state the manner of his conviction − whether obtained through ‘a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.’”
“ ... (U)nless Crim.R. 32(C) is amended to change ‘the plea, the verdict, or findings, upon which each conviction is based’ to ‘the fact of the conviction,’ the majority’s conclusion that the current phrase is a merely ‘a matter of form’ contradicts the rule. Plainly, it is as much of a requirement as the other elements. Either Crim.R. 32(C) means what it says or it does not.”
Contacts
Amy Otley Beckett: 419.739.6785, for the state and Auglaize County prosecutor's office.
Alexandra T. Schimmer, 614.995.2273, for the Ohio Attorney General.
Jon W. Oebker, 216.696.4884, for Stephen Lester.
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."
State v. Lester, Slip Opinion No. 2011-Ohio-5204.
Auglaize App. No. 2-10-20. Judgment affirmed.
O'Connor, C.J., and Pfeifer and McGee Brown, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Lanzinger, J., dissents.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-5204.pdf
(Oct. 13, 2011) The Supreme Court of Ohio ruled today that when a trial court makes a “nunc pro tunc” (now for then) entry in its journal to correct a clerical omission in a prior judgment entry recording a criminal conviction, the correcting entry is not a new “final order” in the case that triggers a new right of appeal by the defendant.
In arriving at its decision, the Court modified its 2008 holding in State v. Baker and held that a judgment of conviction is a final order subject to appeal when it sets forth (1) the fact of the conviction, (2) the sentence, (3) the judge’s signature, and (4) the time stamp indicating that the judgment has been entered in the court’s journal.
The Court’s 4-3 majority opinion, authored by Justice Robert R. Cupp, affirmed a ruling by the 3rd District Court of Appeals.
The case involved Steven Lester of Auglaize County, who was convicted of multiple offenses in a 2006 jury trial and sentenced to a prison term to be followed by a term of postrelease control. In its journal entry recording that judgment, the trial court listed the offenses for which Lester had been convicted and the sentence imposed, but did not indicate whether the convictions were based on a guilty or no-contest plea, findings after a bench trial, or a verdict after a jury trial.
Lester appealed. The 3rd District Court of Appeals vacated part of his sentence because of an error in the postrelease control portion of the sentence. On remand, the trial court imposed the same prison term it had previously imposed and corrected the postrelease control portion of the sentence. In its revised sentencing entry, the court listed the offenses for which Lester had been convicted and the corrected sentence, but again did not indicate what type of court proceeding had resulted in his convictions. Lester filed a new appeal. The court of appeals affirmed the trial court’s sentence.
In April 2010 the trial court, on its own initiative, made a nunc pro tunc entry in its journal adding the information that Lester’s convictions were “pursuant to a verdict at Jury Trial returned on May 16, 2006.”
Lester filed a new notice of appeal, asserting that the insertion of the nunc pro tunc correcting entry in the court’s journal had created a “final order” in his case that triggered a new right of appeal. Prior to briefing, the 3rd District dismissed the appeal based on a finding that, because the nunc pro tunc entry had been made for the sole purpose of correcting a clerical omission to make the trial court’s journal accurately reflect what had actually occurred at trial, the correcting entry did not constitute a final order from which Lester had a right of appeal. Lester sought Supreme Court review of the case, and obtained certification of a conflict between the 3rd District’s ruling in his case and a 2010 decision of the 6th District, State v. Lampkin. The Supreme Court recognized the conflict and accepted Lester’s discretionary appeal.
Writing for the majority in today’s decision, Justice Cupp cited the requirement in Ohio Criminal Rule 32(C) that “(a) judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence.” He noted that in State v. Baker, a 2008 decision applying Crim.R. 32(C), the Court included language suggesting that a judgment entry should include “the manner of conviction: a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.”
“(T)his foregoing sentence appears to have created confusion and generated litigation regarding whether a trial court’s inadvertent omission of a defendant’s ‘manner of conviction’ affects the finality of a judgment entry of conviction,” wrote Justice Cupp.
“(W)e begin by observing that the purpose of Crim.R. 32(C) is to ensure that a defendant is on notice concerning when a final judgment has been entered and the time for filing an appeal has begun to run. ... We further observe that Crim.R. 32(C) clearly specifies the substantive requirements that must be included within a judgment entry of conviction to make it final for purposes of appeal and that the rule states that those requirements ‘shall’ be included in the judgment entry of conviction. These requirements are the fact of the conviction, the sentence, the judge’s signature, and the entry on the journal by the clerk. All of these requirements relate to the essence of the act of entering a judgment of conviction and are a matter of substance, and their inclusion in the judgment entry of conviction is therefore required. Without these substantive provisions, the judgment entry of conviction cannot be a final order subject to appeal under R.C. 2505.02. A judgment entry of conviction that includes the substantive provisions places a defendant on notice that a final judgment has been entered and the time for the filing of any appeal has begun.
“In contrast, when the substantive provisions of Crim.R. 32(C) are contained in the judgment of conviction, the trial court’s omission of how the defendant’s conviction was effected, i.e., the ‘manner of conviction,’ does not prevent the judgment of conviction from being an order that is final and subject to appeal. Crim.R. 32(C) does not require a judgment entry of conviction to recite the manner of conviction as a matter of substance, but it does require the judgment entry of conviction to recite the manner of conviction as a matter of form. In this regard, the identification of the particular method by which a defendant was convicted is merely a matter of orderly procedure rather than of substance. A guilty plea, a no-contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial explains how the fact of a conviction was effected. Consequently, the finality of a judgment entry of conviction is not affected by a trial court’s failure to include a provision that indicates the manner by which the conviction was effected, because that language is required by Crim.R. 32(C) only as a matter of form, provided the entry includes all the substantive provisions of Crim.R. 32(C).”
Justice Cupp’s opinion was joined by Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, and Evelyn Lundberg Stratton.
Justice Terrence O’Donnell entered a separate opinion, joined by Justice Yvette McGee Brown, in which he concurred with the Court’s holding that a judgment entry of conviction qualifies as a final order under Crim.R. 32(C) without stating the manner of a defendant’s conviction. He disagreed, however, with the majority’s further holding that Crim.R. 32(C) requires that such entries include the manner of a defendant’s conviction as a non-substantive “matter of form.”
Justice O’Donnell wrote: “The plain language of Crim.R. 32(C) requires only that ‘[a] judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence’; it does not direct a sentencing court to specify the manner of conviction. Rather, our decision in State v. Baker .... inadvertently added the requirement to specify the manner of conviction to Crim.R. 32(C). The majority makes an effort to sidestep this problem but unnecessarily complicates and compounds the error introduced in Baker by retaining a duty on the part of the sentencing court to specify the manner of conviction as a formal requirement. In my view, we should strike that part of Baker requiring sentencing courts to indicate the manner of conviction in the judgment of conviction and bring an end to the needless and meaningless litigation that ithas spawned, requiring appeals and rehearings all over the state.”
Justice Judith Ann Lanzinger entered a separate dissenting opinion in which she wrote: “Crim.R. 32(C) states what a judge shall do to enter a judgment of conviction that is subject to appeal. (In Baker) (w)e explained this rule and held pursuant to its clear wording: ‘A judgment of conviction is a final appealable order under R.C. 2505.02 when it sets forth (1) the guilty plea, the jury verdict, or the finding of the court upon which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4) entry on the journal by the clerk of court.’ ... Lester’s sentencing entry did not contain the first required element. His judgment entry did not state the manner of his conviction − whether obtained through ‘a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.’”
“ ... (U)nless Crim.R. 32(C) is amended to change ‘the plea, the verdict, or findings, upon which each conviction is based’ to ‘the fact of the conviction,’ the majority’s conclusion that the current phrase is a merely ‘a matter of form’ contradicts the rule. Plainly, it is as much of a requirement as the other elements. Either Crim.R. 32(C) means what it says or it does not.”
Contacts
Amy Otley Beckett: 419.739.6785, for the state and Auglaize County prosecutor's office.
Alexandra T. Schimmer, 614.995.2273, for the Ohio Attorney General.
Jon W. Oebker, 216.696.4884, for Stephen Lester.
Saturday, October 15, 2011
Judge Kimbler's Criminal Docket for October 13, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 13:
Michael Curtis, 36, of East Liberty Street in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Edward Violett, 63, of Paradise Road in Seville, was sentenced to two years of community control sanctions on two counts of Gross Sexual Imposition, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender.
Adonis Bell, 32, of Harding Street in Medina, pleaded guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. Sentencing is scheduled for November 18.
Jennifer Fonseca, 19, of West Park Boulevard in Medina, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 14.
Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of a Detention Facility, a third-degree felony. A jury trial is scheduled for November 21.
Brittany Seifert, 23, of Brunswick, pleaded not guilty to one count of Theft, a fourth-degree felony; one count of Theft of a Credit Card, a fifth-degree felony; and four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for December 12.
Augustus Simpson, 32, of Weymouth Road in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a School or Juvenile, a third-degree felony. A jury trial is scheduled for November 28.
Medina County Prosecutor
The following people appeared in court October 13:
Michael Curtis, 36, of East Liberty Street in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Edward Violett, 63, of Paradise Road in Seville, was sentenced to two years of community control sanctions on two counts of Gross Sexual Imposition, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender.
Adonis Bell, 32, of Harding Street in Medina, pleaded guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. Sentencing is scheduled for November 18.
Jennifer Fonseca, 19, of West Park Boulevard in Medina, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 14.
Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of a Detention Facility, a third-degree felony. A jury trial is scheduled for November 21.
Brittany Seifert, 23, of Brunswick, pleaded not guilty to one count of Theft, a fourth-degree felony; one count of Theft of a Credit Card, a fifth-degree felony; and four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for December 12.
Augustus Simpson, 32, of Weymouth Road in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a School or Juvenile, a third-degree felony. A jury trial is scheduled for November 28.
Judge Collier's Criminal Docket for October 11, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 11:
Brandon Fazekas, 25, of Clinton Road in Doylestown, was sentenced to 120 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.
Johnny Mcie, 21, of Sanford Road in Lodi, was sentenced to six months in jail for a probation violation on an original charge of Trafficking in Marijuana, a fifth-degree felony.
Matthew Morris, 20, of Indiana, was sentenced to three years in prison on one count of Rape, a first-degree felony. He also was labeled a Tier III Sex Offender.
Matthew Ashby, 34, of Rivers Edge Drive in Valley City, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 27.
Victor Botamer, 47, of St. James Drive in Brunswick, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for January 9.
Jarrod Cox, 20, of Buffham Road in Seville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for January 4.
Ibrahnim Ibrahim, 24, of Maine, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 4.
Melissa Jones, 51, of Wadsworth Road in Medina, pleaded guilty to one count of Corrupting Another with Drugs, a fourth-degree felony; five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; and one count of Contributing to the Unruliness or Delinquency of a Minor, a first-degree misdemeanor. Sentencing is scheduled for November 21.
Daniel Potter, 27, of North Broadway Street in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for January 17.
Eric Sauers, 46, of West Walnut Street in Wadsworth, pleaded guilty to one count of Trafficking in Heroin, a fifth-degree felony. Sentencing is scheduled for November 21.
Elliot Smith, 42, of Dunbar Circle in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony and one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 7.
Medina County Prosecutor
The following people appeared in court October 11:
Brandon Fazekas, 25, of Clinton Road in Doylestown, was sentenced to 120 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.
Johnny Mcie, 21, of Sanford Road in Lodi, was sentenced to six months in jail for a probation violation on an original charge of Trafficking in Marijuana, a fifth-degree felony.
Matthew Morris, 20, of Indiana, was sentenced to three years in prison on one count of Rape, a first-degree felony. He also was labeled a Tier III Sex Offender.
Matthew Ashby, 34, of Rivers Edge Drive in Valley City, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 27.
Victor Botamer, 47, of St. James Drive in Brunswick, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for January 9.
Jarrod Cox, 20, of Buffham Road in Seville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for January 4.
Ibrahnim Ibrahim, 24, of Maine, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 4.
Melissa Jones, 51, of Wadsworth Road in Medina, pleaded guilty to one count of Corrupting Another with Drugs, a fourth-degree felony; five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; and one count of Contributing to the Unruliness or Delinquency of a Minor, a first-degree misdemeanor. Sentencing is scheduled for November 21.
Daniel Potter, 27, of North Broadway Street in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for January 17.
Eric Sauers, 46, of West Walnut Street in Wadsworth, pleaded guilty to one count of Trafficking in Heroin, a fifth-degree felony. Sentencing is scheduled for November 21.
Elliot Smith, 42, of Dunbar Circle in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony and one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 7.
Wednesday, October 12, 2011
Law Talk with Attorney Teresa Barrington
Attorney John Celebrezze talks with Medina attorney Teresa Barrington about domestic relations cases:
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