EATON — On Wednesday, April 15, an Englewood man was sentenced to probation in Preble County Common Pleas Court for engaging in sexual conduct with a 15-year-old girl. Judge Stephen R. Bruns presided.
Trevor M. Schack, 24, was sentenced on charges of attempted unlawful sexual conduct with a minor and sexual imposition. Schack pleaded guilty in Nov. 2019; under the terms of the plea agreement between Schack and the Preble County Prosecuting Attorney’s Office, the state agreed to recommend probation.
The offense took place in July 2019, when Schack was reportedly found in the back seat of his vehicle “in a state of undress” with a 15-year-old girl. Schack was 23 years old at the time. The prosecution cited Schack’s “lack of criminal history, honesty with law enforcement and willingness to accept responsibility” as mitigating factors in a sentencing memorandum submitted to the court.
Judge Bruns sentenced Shack to three years of community control; a reserved prison sentence of 12 months could be imposed if the defendant fails to complete the terms of his probation. Under those terms, Shack must pay court costs, perform 100 hours of community service, and participate in sex offender rehabilitation classes.
Schack was also ordered to register as a Tier-II sex offender, a status which requires him to report any address where he lives, works or attends school to the Sheriff of the applicable county for the next 25 years.
Judge Bruns strongly cautioned the defendant to honor the terms of his probation.
“Were it not for the recommendation of both parties, I was strongly considering placing you in a community-based correctional facility,” Bruns said. “And that would likely be the court’s disposition if you violate.”
Bruns also took the defendant to task for taking too long to complete a court-ordered sex offender evaluation and giving inconsistent statements to his probation officer and the doctor performing the evaluation.
“That lack of honesty is troubling to me. I’m worried that you’re not taking this seriously,” Bruns said.
Also in court on Wednesday:
Caleb Clayman, 19, of New Paris, pleaded guilty to charges of theft, receiving stolen property, and misuse of credit cards. Judge Bruns agreed to shelve the defendant’s guilty plea in favor of a diversion program that would require Clayman to complete 100 hours of community service and comply with other terms set by the Preble County Office of Adult Probation. If Clayman fails to comply his guilty plea could be entered into the record and sentence imposed.
“That’s a big stick hanging over your head,” Bruns cautioned.
James E. Lineberry, 52, of Eaton, appeared on charges of aggravated possession of drugs. Lineberry was initially sentenced to attend substance abuse treatment at a community-based correctional facility; no facility would agree to admit him, however, citing Lineberry’s refusal to take prescribed medication for low blood sugar.
Lineberry claimed the insulin he’d been prescribed had unsavory side effects, and asked for the opportunity to prove that he could overcome his substance abuse issues on his own.
“I know I’ve been messing up a lot,” Lineberry said. “I want to prove to the court and to myself that I can do something right.”
“With what I have in front of me right now, I’m not willing to do that,” Bruns said. “But I’ll give you every chance I can to make an argument.”
Bruns continued Lineberry’s sentencing to April 22 to allow the defendant time to consult with his attorney.
Reach Anthony Baker at 937-683-4057 or on Facebook @improperenglish