Tuesday, May 22, 2012
Ohio Supreme Court Upholds Felony Cocaine Conviction Despite Absence of Drug Name, Degree of Offense on Jury Verdict Form
Listing of Drug, Degree of Offense in Indictment, Evidence, Jury Instructions Held Sufficient
2011-0599. State v. Eafford, Slip Opinion No. 2012-Ohio-2224.
Cuyahoga App. No. 94718, 2011-Ohio-927. Judgment reversed and sentence reinstated.
O'Connor, C.J., and Lundberg Stratton, O'Donnell, Cupp, and McGee Brown, JJ., concur.
Pfeifer and Lanzinger, JJ., dissent.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-Ohio-2224.pdf
(May 22, 2012) The Supreme Court of Ohio today reinstated the felony conviction of a Cleveland man whose offense and sentence for possession of cocaine had been reduced to a misdemeanor on appeal because the verdict form completed by the jury in his case did not identify the drug he was charged with possessing or the degree of the charged offense.
In a 5-2 decision authored by Justice Terrence O’Donnell, the court held that because the grand jury indictment under which the defendant, Donald Eafford, was charged identified his offense as possession of cocaine, a fifth-degree felony; and because the trial evidence and arguments presented by the state and the court’s instructions to the jury all clearly alleged that the drug he possessed was cocaine, the trial court did not commit plain error in convicting and sentencing Eafford for a fifth-degree felony count of cocaine possession notwithstanding the defects in the jury verdict form.
Eafford was arrested by Cleveland police officers who executed a search warrant at a residence on Rexford Avenue after an informant had purchased a controlled substance there. Upon entering the house, officers found several people with crack cocaine and drug paraphernalia in plain sight and found Eafford, whose name was on the lease for the house, upstairs. A subsequent search revealed drug paraphernalia in Eafford’s bedside table and a glass and rubber pipe with cocaine residue in his bathroom medicine cabinet.
A grand jury indicted Eafford on charges of permitting drug abuse in violation of R.C. 2925.13(B) (Count One); possession of “cocaine or a compound, mixture, preparation, or substance containing cocaine in an amount of less than 5 grams” in violation of R.C. 2925.11(A) (Count Two); and possession of criminal tools (Count Three).
The matter proceeded to a jury trial, at which the state presented testimony by a police forensic examiner that she had conducted scientific testing of the material contained in the glass and rubber pipe and found that it “was positive for cocaine.” At the close of the state’s case in chief, the trial court directed a verdict of acquittal on the charge of possession of criminal tools. The defense rested without presenting any evidence.
The jury returned guilty verdicts on Counts One and Two. The court sentenced Eafford under state sentencing guidelines for a fifth-degree felony to an eight-month term of incarceration for possession of cocaine, to be served concurrently with a second eight-month term for permitting drug abuse.
Eafford appealed. On review, the Eighth District Court of Appeals vacated his felony conviction on Count Two and ordered the trial court to resentence him for a misdemeanor count of drug possession.
The court of appeals based its ruling on a finding that “[T]he verdict form [for Count Two] does not include a statement indicating either the degree of the offense charged or that an aggravating circumstance existed to justify a conviction on the greater offense, specifically that the drug involved was cocaine or a compound, mixture, preparation, or substance containing cocaine in an amount less than five grams. ... As this case stands, without a statement of the degree of the offense for which he was convicted, or a statement of the aggravating element demonstrating that defendant was convicted of a greater degree of the offense, he stands convicted of only a misdemeanor.”
The state sought and was granted Supreme Court review of the Eighth District’s ruling vacating Eafford’s felony conviction on Count Two.
Writing for the majority in today’s decision, Justice O’Donnell began by noting that because Eafford did not object to the jury verdict form at trial, he forfeited the right to seek reversal of his felony conviction based on that defect unless it constituted “plain error,” that is, an obvious error that affected a substantial right in a way that affected the outcome of his trial.
Analyzing the action of the trial court under a plain error standard, Justice O’Donnell wrote: “R.C. 2925.11(A) states, ‘No person shall knowingly obtain, possess, or use a controlled substance,’ and the statute establishes separate offenses based on the identity of the controlled substance involved. ... R.C. 2925.11(C)(4) defines the separate offense of ‘possession of cocaine’: ‘If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of possession of cocaine. The penalty for the offense shall be determined as follows: ... (a) Except as otherwise provided ... possession of cocaine is a felony of the fifth degree.’”
“Count Two of the indictment alleged that Eafford possessed cocaine, expert testimony confirmed the substance at issue tested positive for cocaine, and throughout the trial the parties and the court treated the phrase ‘possession of drugs’ as synonymous with possession of cocaine. Further, in its jury instructions − a copy of which the court submitted to jurors who had it in the deliberating room during deliberations − the trial court explained to the jury that it could not find Eafford guilty of possession of drugs as charged in Count Two unless it found the drug involved to be cocaine or a compound, mixture, preparation, or substance containing cocaine. And, as we observed in State v. Johnson (1994), ‘[j]uries are presumed to follow the court's instructions.’ Thus, when the jury found Eafford guilty as charged in Count Two of the indictment, its finding necessarily related to possession of cocaine.”
“Eafford therefore failed to demonstrate that the trial court committed plain error in these circumstances. The verdict form used the phrase ‘possession of drugs’ but did not ask jurors to specify whether the drug involved in this case was or was not cocaine. The jurors found Eafford ‘guilty of Possession of Drugs in violation of §2925.11(A) of the Ohio Revised Code, as charged in Count Two of the indictment.’ The finding in the verdict cannot be described as error, let alone an obvious defect in the trial proceedings, and it did not affect Eafford’s substantial rights. He knew from the outset that the state intended to prove his guilt of possession of cocaine. And it did. The form of the jury verdict did not affect the outcome of the trial. The state intended to prove the accused guilty of possession of cocaine, it did so, and the jury in accordance with its findings rendered a verdict in conformity with the evidence presented by the state that Eafford possessed cocaine.”
“Eafford has not shown that but for the use of this verdict form, the outcome of the trial would have been different. Had he made a timely objection, the court could have modified the verdict form, but Eafford still would have been found guilty of possession of cocaine, because the only evidence in the case demonstrated his possession of cocaine, as he did not offer any defense in this case. Accordingly, we reverse the judgment of the court of appeals and reinstate the sentence imposed by the trial court.”
Justice O’Donnell’s opinion was joined by Chief Justice Maureen O’Connor and Justices Evelyn Lundberg Stratton, Robert R. Cupp and Yvette McGee Brown.
Justice Judith Ann Lanzinger entered a dissent, joined by Justice Paul E. Pfeifer, stating that in her view the court should have dismissed the state’s appeal as improvidently accepted, and asserting that the majority’s decision reversing the Eight District violated Eafford’s Sixth Amendment right to trial by jury.
“The United States Supreme Court has clearly held that a court may not usurp the fact-finding of a jury through judicial findings,” wrote Justice Lanzinger. “Yet by holding that a verdict form can be modified by the indictment, the evidence at trial, the argument of counsel, and the jury instructions, the majority allows a judge to supplant the language of the jury verdict and the jury’s findings. The problem in this case is that the verdict form contains neither the degree of the offense nor the fact that the controlled substance is cocaine. ... The court of appeals appropriately held that the missing facts could not be supplied by the indictment nor cured by the trial court’s instructions. When the trial judge ignored the verdict form reflecting misdemeanor possession of drugs and sentenced Eafford for felony possession of cocaine, the court substituted its own findings for that of the jury.”
Contacts
T. Allan Regas, 216.443.7800 , for the state and Cuyahoga County prosecutors' office.
David M. King, 216.443.3667 , for Donald Eafford.
Tuesday, January 03, 2012
Judge Collier's Criminal Docket for December 27, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court December 27:
Christine Detweiller, 44, of Seymour Street NW in Massillon, was sentenced to seven years in prison on one count of Attempted Murder; one count of Aggravated Burglary, a first-degree felony; and two counts of Felonious Assault, both of which are second-degree felonies.
Eric Foster, 19, of Lodi Road in Lodi, was sentenced to nine months in prison for a probation violation on an original charge of Trafficking in Drugs, a fifth-degree felony.
Michael Fairchild, 34, of Glen Cove Commons in Brunswick, was sentenced to three years of community control sanctions, with 90 days in jail and 90 days of electronic monitoring, on one count of Possession of Drugs, a fifth-degree felony. His driver’s license was suspended for six months.
Angela Demchak, 33, of Fillmore Drive in Brunswick, pleaded guilty to one count of Possession of Heroin, a fifth-degree felony. Sentencing is scheduled for February 6.
Mark Evans, 40, of Greenwich Road in Seville, pleaded not guilty to one count of Trespass Into Habitation, a fourth-degree felony and one count of Assault, a first-degree misdemeanor. A jury trial is scheduled for March 26.
Matthew Farmer, 20, of North Huntington Street in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 22.
Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trail is scheduled for February 8.
Jennifer Swingle, 34, of Alger Road in Lakewood, pleaded not guilty to one count of Telephone Harassment, a fifth-degree felony. A jury trial is scheduled for February 1.
Brooke Tummino, 22, of Bayridge Boulevard in Willowick, pleaded not guilty to one count of Trafficking in Cocaine and one count of Possession of Drugs, both of which are fifth-degree felonies. The charges carry a forfeiture specification. A jury trial is scheduled for March 26.
Medina County Prosecutor
The following people appeared in court December 27:
Christine Detweiller, 44, of Seymour Street NW in Massillon, was sentenced to seven years in prison on one count of Attempted Murder; one count of Aggravated Burglary, a first-degree felony; and two counts of Felonious Assault, both of which are second-degree felonies.
Eric Foster, 19, of Lodi Road in Lodi, was sentenced to nine months in prison for a probation violation on an original charge of Trafficking in Drugs, a fifth-degree felony.
Michael Fairchild, 34, of Glen Cove Commons in Brunswick, was sentenced to three years of community control sanctions, with 90 days in jail and 90 days of electronic monitoring, on one count of Possession of Drugs, a fifth-degree felony. His driver’s license was suspended for six months.
Angela Demchak, 33, of Fillmore Drive in Brunswick, pleaded guilty to one count of Possession of Heroin, a fifth-degree felony. Sentencing is scheduled for February 6.
Mark Evans, 40, of Greenwich Road in Seville, pleaded not guilty to one count of Trespass Into Habitation, a fourth-degree felony and one count of Assault, a first-degree misdemeanor. A jury trial is scheduled for March 26.
Matthew Farmer, 20, of North Huntington Street in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 22.
Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trail is scheduled for February 8.
Jennifer Swingle, 34, of Alger Road in Lakewood, pleaded not guilty to one count of Telephone Harassment, a fifth-degree felony. A jury trial is scheduled for February 1.
Brooke Tummino, 22, of Bayridge Boulevard in Willowick, pleaded not guilty to one count of Trafficking in Cocaine and one count of Possession of Drugs, both of which are fifth-degree felonies. The charges carry a forfeiture specification. A jury trial is scheduled for March 26.
Judge Kimbler's Criminal Docket for December 22, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court December 22:
Stefanie Gore, 21, of Chestnut Street in Sterling, was sentenced to nine months in prison on one count of Trafficking in Oxycodone, a third-degree felony; one count of Trafficking in Drugs, a fourth-degree felony; one count of Receiving Stolen Property, a fifth-degree felony; and three counts of Theft, all of which are fifth-degree felonies. Her driver’s license was suspended for six months.
Millicent Jones, 48, of Yellow Springs, was sentenced to nine months in prison in one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. Her driver’s license was suspended for six months.
Joseph Molnar, 19, of Rocklyn Drive in Brunswick, was sentenced to one year in prison on one count of Assault of a Peace Officer, a fourth-degree felony; one count of Vandalism, a fifth-degree felony, and one count of Harassment with a Bodily Substance, a fifth-degree felony.
Terry Pugh, 50, of West Union Street in Medina, was sentenced to three years of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.
Erik Sullen, 20, of Station Road in Valley City, was sentenced to three years of community control sanctions, with 90 days of house arrest, on three counts of Trafficking in Drugs, two of which are third-degree felonies and one of which is a fourth-degree felony.
Jordan Williams, 23, of Avery Road in Peebles, was sentenced to 18 months in prison on two counts of Robbery, both of which are third-degree felonies.
Kenneth Belcher, 38, of Miner Drive in Medina, pleaded no contest 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; and nine counts of Illegal Processing of Drug Documents, five of which are fourth-degree felonies and four of which are fifth-degree felonies. Sentencing is scheduled for January 26.
Robert Bennett, 28, of 21st Street in Barberton, pleaded no contest and was sentenced to 18 months in prison on 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. His driver’s license was suspended for six months.
Ronald DeFranco, 48, of Hartman Road in Wadsworth, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a third-degree felony. A jury trial is scheduled for February 21.
Trevor Freeman, 18, of Grafton Road in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for February 21.
Shayne Grady, 25, of Trease Road in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 17.
Miranda Jarochovic, 23, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, Checks, a fifth-degree felony. A jury trial is scheduled for February 22.
Jason Jenkins, 33, of Front Street in Burbank, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a Juvenile or School, a fourth-degree felony. A jury trial is scheduled for February 22.
Jesse Parks, 25, of Beverly Hills Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for February 21.
Eric Robinson, 25, of Water Street in Wadsworth, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for February 22.
David Sheers, 38, of Root Road in Spencer, pleaded not guilty to one count of Illegal Manufacture of Drugs, a fourth-degree felony. A jury trial is scheduled for February 22.
Medina County Prosecutor
The following people appeared in court December 22:
Stefanie Gore, 21, of Chestnut Street in Sterling, was sentenced to nine months in prison on one count of Trafficking in Oxycodone, a third-degree felony; one count of Trafficking in Drugs, a fourth-degree felony; one count of Receiving Stolen Property, a fifth-degree felony; and three counts of Theft, all of which are fifth-degree felonies. Her driver’s license was suspended for six months.
Millicent Jones, 48, of Yellow Springs, was sentenced to nine months in prison in one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. Her driver’s license was suspended for six months.
Joseph Molnar, 19, of Rocklyn Drive in Brunswick, was sentenced to one year in prison on one count of Assault of a Peace Officer, a fourth-degree felony; one count of Vandalism, a fifth-degree felony, and one count of Harassment with a Bodily Substance, a fifth-degree felony.
Terry Pugh, 50, of West Union Street in Medina, was sentenced to three years of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.
Erik Sullen, 20, of Station Road in Valley City, was sentenced to three years of community control sanctions, with 90 days of house arrest, on three counts of Trafficking in Drugs, two of which are third-degree felonies and one of which is a fourth-degree felony.
Jordan Williams, 23, of Avery Road in Peebles, was sentenced to 18 months in prison on two counts of Robbery, both of which are third-degree felonies.
Kenneth Belcher, 38, of Miner Drive in Medina, pleaded no contest 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; and nine counts of Illegal Processing of Drug Documents, five of which are fourth-degree felonies and four of which are fifth-degree felonies. Sentencing is scheduled for January 26.
Robert Bennett, 28, of 21st Street in Barberton, pleaded no contest and was sentenced to 18 months in prison on 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. His driver’s license was suspended for six months.
Ronald DeFranco, 48, of Hartman Road in Wadsworth, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a third-degree felony. A jury trial is scheduled for February 21.
Trevor Freeman, 18, of Grafton Road in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for February 21.
Shayne Grady, 25, of Trease Road in Wadsworth, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 17.
Miranda Jarochovic, 23, of Glenbrook Drive in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, Checks, a fifth-degree felony. A jury trial is scheduled for February 22.
Jason Jenkins, 33, of Front Street in Burbank, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a Juvenile or School, a fourth-degree felony. A jury trial is scheduled for February 22.
Jesse Parks, 25, of Beverly Hills Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for February 21.
Eric Robinson, 25, of Water Street in Wadsworth, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for February 22.
David Sheers, 38, of Root Road in Spencer, pleaded not guilty to one count of Illegal Manufacture of Drugs, a fourth-degree felony. A jury trial is scheduled for February 22.
Wednesday, December 21, 2011
Judge Kimbler's Criminal Docket for December 15, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court December 15:
Aaron Bain, 26, of Kepler Avenue in Canal Fulton, was sentenced to two years in prison on one count of Burglary, a second-degree felony.
Arnexts Blanc, 26, of Florida, was sentenced to 180 days in jail on one count of Receiving Stolen Property, a fourth-degree felony.
Rachel Cuevas, 38, of Arizona, was sentenced to three years of community control sanctions, with 160 days of home arrest, on one count of Possession of Marijuana, a third-degree felony.
Jeremy Diestler, 21, of Neff Road in Medina, was sentenced to two years in prison on one count of Robbery, a third-degree felony, and one count of Receiving Stolen Property, a fifth-degree felony.
Amanda Hickman, 25, of Brady Lake Road in Ravenna, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony. She also was ordered to pay $776 restitution.
Marc Bates, 35, of Avon Lake Road in Lodi, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; one count of Theft of Motor Vehicle, a fourth-degree felony; and two counts of Breaking and Entering, both of which are fifth-degree felonies. A Repeat Violent Offender Specification is attached to the charges. A jury trial is scheduled for February 6.
Dylan Crosier, 19, of Dogwood Trail in Medina, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for February 14.
Holly Klembara, 50, of Foster Road in Wellington, pleaded not guilty to one count of Possession of Dangerous Drugs, a fifth-degree felony. A jury trial is scheduled for February 15.
Laura Kobak, 46, of Center Road in Brunswick, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of Detention Facility or Institution, a third-degree felony, and one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for February 21.
Jonathan Lorincz, 19, of Nave Road S.E. in Massillon, pleaded not guilty to one count of Trafficking in Drugs and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for February 15.
Mary Maynard, 35, of West Erie Avenue in Lorain, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for February 21.
James McClain, 26, of Eastern Road in Doylestown, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony and one count of Robbery, a second-degree felony. A jury trial is scheduled for February 13.
Sean Rush, 43, of Plainview Road in Mansfield, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for February 13.
Jessica Smiley, 19, of Northeast Avenue in Tallmadge, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for February 22.
Tanner Smith, 23, of Root Road in North Ridgeville, pleaded not guilty to one count of Theft and one count of Safecracking, both of which are fourth-degree felonies. A jury trial is scheduled for February 13.
Jason Zappe, 27, of West Liberty Street in Medina, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony and one count of Theft, a first-degree misdemeanor. A jury trial is scheduled for February 14.
Medina County Prosecutor
The following people appeared in court December 15:
Aaron Bain, 26, of Kepler Avenue in Canal Fulton, was sentenced to two years in prison on one count of Burglary, a second-degree felony.
Arnexts Blanc, 26, of Florida, was sentenced to 180 days in jail on one count of Receiving Stolen Property, a fourth-degree felony.
Rachel Cuevas, 38, of Arizona, was sentenced to three years of community control sanctions, with 160 days of home arrest, on one count of Possession of Marijuana, a third-degree felony.
Jeremy Diestler, 21, of Neff Road in Medina, was sentenced to two years in prison on one count of Robbery, a third-degree felony, and one count of Receiving Stolen Property, a fifth-degree felony.
Amanda Hickman, 25, of Brady Lake Road in Ravenna, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony. She also was ordered to pay $776 restitution.
Marc Bates, 35, of Avon Lake Road in Lodi, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; one count of Theft of Motor Vehicle, a fourth-degree felony; and two counts of Breaking and Entering, both of which are fifth-degree felonies. A Repeat Violent Offender Specification is attached to the charges. A jury trial is scheduled for February 6.
Dylan Crosier, 19, of Dogwood Trail in Medina, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for February 14.
Holly Klembara, 50, of Foster Road in Wellington, pleaded not guilty to one count of Possession of Dangerous Drugs, a fifth-degree felony. A jury trial is scheduled for February 15.
Laura Kobak, 46, of Center Road in Brunswick, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of Detention Facility or Institution, a third-degree felony, and one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for February 21.
Jonathan Lorincz, 19, of Nave Road S.E. in Massillon, pleaded not guilty to one count of Trafficking in Drugs and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for February 15.
Mary Maynard, 35, of West Erie Avenue in Lorain, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for February 21.
James McClain, 26, of Eastern Road in Doylestown, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony and one count of Robbery, a second-degree felony. A jury trial is scheduled for February 13.
Sean Rush, 43, of Plainview Road in Mansfield, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for February 13.
Jessica Smiley, 19, of Northeast Avenue in Tallmadge, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for February 22.
Tanner Smith, 23, of Root Road in North Ridgeville, pleaded not guilty to one count of Theft and one count of Safecracking, both of which are fourth-degree felonies. A jury trial is scheduled for February 13.
Jason Zappe, 27, of West Liberty Street in Medina, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile, a fourth-degree felony and one count of Theft, a first-degree misdemeanor. A jury trial is scheduled for February 14.
Judge Collier's Criminal Docket for December 7, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court December 7:
Quay Barber, 45, of Birch Hill Drive in Medina, pleaded no contest to one count of Complicity to Commit Burglary, a second-degree felony and one count of Theft of Drugs, a fourth-degree felony. Sentencing is scheduled for January 23.
Tiffany Barnett, 23, of Miner Drive in Medina, pleaded no contest to one count of Theft, a fifth-degree felony. Sentencing is scheduled for January 23.
Andrew Downs, 20, of Sibley Avenue in Columbus, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for January 23.
Elliot Smith, 42, of Dunbar Circle in Medina, pleaded guilty and was sentenced to one year in prison on one count of Attempted Felonious Assault, a third-degree felony.
Medina County Prosecutor
The following people appeared in court December 7:
Quay Barber, 45, of Birch Hill Drive in Medina, pleaded no contest to one count of Complicity to Commit Burglary, a second-degree felony and one count of Theft of Drugs, a fourth-degree felony. Sentencing is scheduled for January 23.
Tiffany Barnett, 23, of Miner Drive in Medina, pleaded no contest to one count of Theft, a fifth-degree felony. Sentencing is scheduled for January 23.
Andrew Downs, 20, of Sibley Avenue in Columbus, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for January 23.
Elliot Smith, 42, of Dunbar Circle in Medina, pleaded guilty and was sentenced to one year in prison on one count of Attempted Felonious Assault, a third-degree felony.
Judge Collier's Criminal Docket for December 5, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court December 5:
David Cherconis, 49, of Lakeview Drive in Brunswick, was sentenced to five years of community control sanctions, with 180 days of electronic monitoring, on one count of Domestic Violence, a third-degree felony.
William Koch, 57, of Osborne Road in Columbia Station, was sentenced to one year in prison on two counts of Gross Sexual Imposition, both of which are fourth-degree felonies. He also was labeled a Tier I Sex Offender.
David Lynch, 45, of Elyria Street in Lodi, was sentenced to nine years in prison on one count of Attempted Murder, with a Firearm Specification, and one count of Having Weapons While Under Disability, a third-degree felony.
Joshua Roper, 25, of Lisa Court in Lodi, was sentenced to nine months in prison on one count of Misuse of Credit Cards, Elderly, a fifth-degree felony.
Ryan Barth, 26, of North Broadway in Medina, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony and one count of Burglary, a second-degree felony. A jury trial is scheduled for January 9.
Jeffery Davis, 31, of Medina, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for February 27.
Buster Emerson, 38, of Broad Street in Wadsworth, pleaded guilty and was sentenced to one year in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.
Fredric Frazier, 50, of Prospect Street in Medina, pleaded not guilty to five counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for January 30.
Derrick Kenney, 23, of Kewanee Avenue in Cleveland, pleaded guilty and was sentenced to years in prison on one count of Robbery, a second-degree felony.
James Mathes, 38, of Bronson Street in Medina, pleaded not guilty to one count of Passing Bad Checks, a fifth-degree felony. A jury trial is scheduled for February 13.
Raymond Ruiz, 55, of Halifax Lane in Medina, pleaded not guilty to the following charges: one count of Extortion, a third-degree felony; one count of Identity Fraud, a third-degree felony; one count of Unauthorized Use of Property or Computer or Telecommunications Property, a fourth-degree felony; and one count of Telecommunications Harassment, a first-degree misdemeanor. A jury trial is scheduled for March 5.
Medina County Prosecutor
The following people appeared in court December 5:
David Cherconis, 49, of Lakeview Drive in Brunswick, was sentenced to five years of community control sanctions, with 180 days of electronic monitoring, on one count of Domestic Violence, a third-degree felony.
William Koch, 57, of Osborne Road in Columbia Station, was sentenced to one year in prison on two counts of Gross Sexual Imposition, both of which are fourth-degree felonies. He also was labeled a Tier I Sex Offender.
David Lynch, 45, of Elyria Street in Lodi, was sentenced to nine years in prison on one count of Attempted Murder, with a Firearm Specification, and one count of Having Weapons While Under Disability, a third-degree felony.
Joshua Roper, 25, of Lisa Court in Lodi, was sentenced to nine months in prison on one count of Misuse of Credit Cards, Elderly, a fifth-degree felony.
Ryan Barth, 26, of North Broadway in Medina, pleaded not guilty to one count of Aggravated Burglary, a first-degree felony and one count of Burglary, a second-degree felony. A jury trial is scheduled for January 9.
Jeffery Davis, 31, of Medina, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for February 27.
Buster Emerson, 38, of Broad Street in Wadsworth, pleaded guilty and was sentenced to one year in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.
Fredric Frazier, 50, of Prospect Street in Medina, pleaded not guilty to five counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for January 30.
Derrick Kenney, 23, of Kewanee Avenue in Cleveland, pleaded guilty and was sentenced to years in prison on one count of Robbery, a second-degree felony.
James Mathes, 38, of Bronson Street in Medina, pleaded not guilty to one count of Passing Bad Checks, a fifth-degree felony. A jury trial is scheduled for February 13.
Raymond Ruiz, 55, of Halifax Lane in Medina, pleaded not guilty to the following charges: one count of Extortion, a third-degree felony; one count of Identity Fraud, a third-degree felony; one count of Unauthorized Use of Property or Computer or Telecommunications Property, a fourth-degree felony; and one count of Telecommunications Harassment, a first-degree misdemeanor. A jury trial is scheduled for March 5.
Saturday, December 03, 2011
Judge Kimbler's Criminal Docket for December 2, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court December 2:
Brandy Arnold, 30, of Manhattan Avenue in Brunswick, was sentenced to three years of community control sanctions, with a period of time in a Community Based Correction Facility, on one count of Deception to Obtain a Dangerous Drug, a fifth-degree felony.
Joshua Bragg, 20, of Wooster Street in Lodi, was sentenced to 180 days in jail for a probation violation on an original of Trafficking in Marijuana, a fifth-degree felony.
Gary Buckingham, 34, of West Britton Road in Burbank, was sentenced to one year in prison on three counts of Trafficking in Heroin, one of which is a third-degree felony and two of which are fourth-degree felonies.
Drake Chiccarelli, 43, of Regal Avenue in Brunswick, was sentenced to one year of community control sanctions, with 180 days in jail, on two counts of Theft of a Motor Vehicle, both of which are fourth-degree felonies and one count of Possession of Cocaine, a fifth-degree felony. He also was ordered to pay $500 restitution.
Nick Crowe, 51, of Seville Road in Wadsworth, was sentenced to 180 days in jail on one count of Domestic Violence, a fourth-degree felony.
James Kaley, 29, of Industry Drive in Atwater, was sentenced to six months in prison on one count of Theft, a fifth-degree felony.
Joseph Barnum, 42, of Lake Road in Chippewa Lake, pleaded not guilty to two counts of Theft from the Elderly, one of which is a fourth-degree felony and one of which is a fifth-degree felony. A jury trial is scheduled for February 6.
Louis Bologna, 29, of Hudson Drive in Stow, pleaded not guilty to one count of Failure to Comply with a Police Officer and one count of Receiving Stolen Property, Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for February 7.
Joseph Bush, 38, of Lake Road in Chippewa Lake, pleaded no contest to two counts of Trafficking in Drugs within the Vicinity of a School or Juvenile, one of which is a second-degree felony and one of which is a third-degree felony. Sentencing is scheduled for January 5.
William Egut, 31, of Sunhaven Drive in Medina, pleaded not guilty to the following charges: one count of Menacing by Stalking, a fourth-degree felony; one count of Telephone Harassment, a first-degree misdemeanor; and one count of Criminal Damaging, a second-degree felony. A jury trial is scheduled for February 14.
Eric Foster, 19, of Lodi Road in Lodi, pleaded not guilty to one count of Trespass Into Habitation, a fourth-degree felony, and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 14.
David Frank, 34, of West 130th Street in Hinckley, pleaded not guilty to one count of Identity Fraud, a third-degree felony and one count of Forgery, a fourth-degree felony. A jury trial is scheduled for February 6.
Thomas Jancik, 29, of East Reagan Parkway, pleaded not guilty to five counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for February 6.
John Leiken, 18, of Brambleside Drive in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 7.
John Lester, 36, of North Inlet Drive in Strongsville, pleaded not guilty to six counts of Aggravated Vehicular Assault, four of which are third-degree felonies and two of which are fourth-degree felonies. A jury trial is scheduled for February 6.
Amber Perkins, 32, of Wagon Trail in Medina, pleaded not guilty to two counts of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for February 8.
Cara Schofield, 27, of 25th Street in Cuyahoga Falls, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 8.
Aaron Schumacher, 24, of Brookpoint Drive in Medina, pleaded not guilty to six counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for February 8.
Thomas Wick, 36, of Courtland Oval in Brunswick, pleaded not guilty to two counts of Menacing by Stalking, both of which are fourth-degree felonies. A jury trial is scheduled for February 14.
Medina County Prosecutor
The following people appeared in court December 2:
Brandy Arnold, 30, of Manhattan Avenue in Brunswick, was sentenced to three years of community control sanctions, with a period of time in a Community Based Correction Facility, on one count of Deception to Obtain a Dangerous Drug, a fifth-degree felony.
Joshua Bragg, 20, of Wooster Street in Lodi, was sentenced to 180 days in jail for a probation violation on an original of Trafficking in Marijuana, a fifth-degree felony.
Gary Buckingham, 34, of West Britton Road in Burbank, was sentenced to one year in prison on three counts of Trafficking in Heroin, one of which is a third-degree felony and two of which are fourth-degree felonies.
Drake Chiccarelli, 43, of Regal Avenue in Brunswick, was sentenced to one year of community control sanctions, with 180 days in jail, on two counts of Theft of a Motor Vehicle, both of which are fourth-degree felonies and one count of Possession of Cocaine, a fifth-degree felony. He also was ordered to pay $500 restitution.
Nick Crowe, 51, of Seville Road in Wadsworth, was sentenced to 180 days in jail on one count of Domestic Violence, a fourth-degree felony.
James Kaley, 29, of Industry Drive in Atwater, was sentenced to six months in prison on one count of Theft, a fifth-degree felony.
Joseph Barnum, 42, of Lake Road in Chippewa Lake, pleaded not guilty to two counts of Theft from the Elderly, one of which is a fourth-degree felony and one of which is a fifth-degree felony. A jury trial is scheduled for February 6.
Louis Bologna, 29, of Hudson Drive in Stow, pleaded not guilty to one count of Failure to Comply with a Police Officer and one count of Receiving Stolen Property, Motor Vehicle, both of which are fourth-degree felonies. A jury trial is scheduled for February 7.
Joseph Bush, 38, of Lake Road in Chippewa Lake, pleaded no contest to two counts of Trafficking in Drugs within the Vicinity of a School or Juvenile, one of which is a second-degree felony and one of which is a third-degree felony. Sentencing is scheduled for January 5.
William Egut, 31, of Sunhaven Drive in Medina, pleaded not guilty to the following charges: one count of Menacing by Stalking, a fourth-degree felony; one count of Telephone Harassment, a first-degree misdemeanor; and one count of Criminal Damaging, a second-degree felony. A jury trial is scheduled for February 14.
Eric Foster, 19, of Lodi Road in Lodi, pleaded not guilty to one count of Trespass Into Habitation, a fourth-degree felony, and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 14.
David Frank, 34, of West 130th Street in Hinckley, pleaded not guilty to one count of Identity Fraud, a third-degree felony and one count of Forgery, a fourth-degree felony. A jury trial is scheduled for February 6.
Thomas Jancik, 29, of East Reagan Parkway, pleaded not guilty to five counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for February 6.
John Leiken, 18, of Brambleside Drive in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 7.
John Lester, 36, of North Inlet Drive in Strongsville, pleaded not guilty to six counts of Aggravated Vehicular Assault, four of which are third-degree felonies and two of which are fourth-degree felonies. A jury trial is scheduled for February 6.
Amber Perkins, 32, of Wagon Trail in Medina, pleaded not guilty to two counts of Theft, both of which are fifth-degree felonies. A jury trial is scheduled for February 8.
Cara Schofield, 27, of 25th Street in Cuyahoga Falls, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for February 8.
Aaron Schumacher, 24, of Brookpoint Drive in Medina, pleaded not guilty to six counts of Pandering Sexually Oriented Matter Involving a Minor, all of which are second-degree felonies. A jury trial is scheduled for February 8.
Thomas Wick, 36, of Courtland Oval in Brunswick, pleaded not guilty to two counts of Menacing by Stalking, both of which are fourth-degree felonies. A jury trial is scheduled for February 14.
Judge Collier's Criminal Docket for November 28, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court November 28:
Michael Nabors, 24, of Jones Road in Wellington, was sentenced to five years of community control sanctions on one count of Possession of LSD, a fifth-degree felony, and one count of Possession of Drugs, a first-degree misdemeanor. His driver’s license was suspended for six months.
Martsin Prokopovich, 20, of New Jersey, was sentenced to five years of community control sanctions on one count of Theft of a Motor Vehicle, a fourth-degree felony. He also was ordered to pay $4,300 restitution to the victim.
Marc Dukles, 27, of Anderson Drive in Brunswick, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for January 17.
Meghan Mora, 29, of Cowley Road in Columbia Station, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; one count of Theft of a Motor Vehicle, a fourth-degree felony; and two counts of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for January 25.
Medina County Prosecutor
The following people appeared in court November 28:
Michael Nabors, 24, of Jones Road in Wellington, was sentenced to five years of community control sanctions on one count of Possession of LSD, a fifth-degree felony, and one count of Possession of Drugs, a first-degree misdemeanor. His driver’s license was suspended for six months.
Martsin Prokopovich, 20, of New Jersey, was sentenced to five years of community control sanctions on one count of Theft of a Motor Vehicle, a fourth-degree felony. He also was ordered to pay $4,300 restitution to the victim.
Marc Dukles, 27, of Anderson Drive in Brunswick, pleaded not guilty to two counts of Trafficking in Drugs, both of which are fourth-degree felonies. A jury trial is scheduled for January 17.
Meghan Mora, 29, of Cowley Road in Columbia Station, pleaded not guilty to the following charges: one count of Burglary, a second-degree felony; one count of Theft of a Motor Vehicle, a fourth-degree felony; and two counts of Breaking and Entering, both of which are fifth-degree felonies. A jury trial is scheduled for January 25.
Tuesday, November 29, 2011
Judge Collier's Criminal Docket for November 14, 2011
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.
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.
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.
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