EATON — Preble County Common Pleas Court heard cases involving drugs, theft and domestic violence the week of Monday, July 13. Judge Stephen R. Bruns presided.
Gary Wayne Davidson, 35, of Camden, was sentenced on charges of attempt as it relates to domestic violence on Tuesday, July 14. According to court documents, police were called to Davidson’s home in Camden in March 2017, at which point the alleged victim in the case claimed that Davidson had “head-butted her” and kicked her in the knee. A warrant was later issued for the defendant’s arrest after he failed to appear in court “for a significant period of time.”
A state sentencing memorandum filed by the Preble County Prosecutor’s Office recommended 12 months of incarceration in the case, citing Davidson’s two previous convictions for domestic violence. Attorney Kevin Lennen spoke in his client’s defense, however, claiming that Davidson’s “volatile relationship” with the victim had contributed to his conduct, but that he had since “moved on.”
Judge Bruns sentenced Davidson to three years of community control. Davidson was also ordered to pay court costs, attend anger management classes, and perform 100 hours of community service. A prison term of 18 months could be imposed if Davidson fails to complete the terms of his probation.
Davidson asked to be allowed to pay a fine in place of the community service requirement, but the judge denied his request.
Tyler M. Wyatt, 23, of Camden, was sentenced on charges of violating a protection order. Additional counts of criminal damaging or endangering and possession of marijuana were dismissed. According to court documents, Wyatt was captured on video throwing a rock through the window of the alleged victim in the case, as well as driving by the victim’s house on multiple occasions and shouting obscenities.
A state sentencing memorandum filed by the prosecution recommended substance abuse treatment in a community-based correctional facility, stating that Wyatt’s drug problem “exacerbated his obsession with the victim” and that he “will need resources greater than outpatient treatment can offer in order to live a sober lifestyle.”
Attorney John Cunningham spoke in his client’s defense, saying that Wyatt was “young enough and smart enough to get a job and not be on the bill of the county anymore.” Judge Bruns disagreed, however, citing Wyatt’s previous failure to complete court-ordered substance abuse treatment.
Bruns sentenced Wyatt to serve 252 days in the Preble County Jail, with credit for 192 days already served. Wyatt was also ordered to pay court costs, and his community control in two previous cases was ordered to be unsuccessfully terminated.
Randal W. Flory, 47, of Lewisburg, was sentenced on charges of aggravated possession of drugs. Both the defendant and his attorney claimed that Flory had been self-medicating to manage pain from a pair of back and neck injuries, but was currently employed, in treatment, and had family to support him.
“I was substituting one drug for another,” Flory admitted. Judge Bruns sentenced Flory to three years of community control, and also ordered the defendant to participate in a sober living program.
Dustin B. Brock, 42, of West Alexandria, was sentenced on charges of tampering with evidence. Additional charges of possession of drug abuse instruments, illegal use or possession of drug paraphernalia, and possession of heroin were dismissed.
Brock’s attorney, John Cunningham, claimed his client was currently sober, employed and attending classes and AA meetings.
“The past seven months have been great. It’s been a blessing,” Brock told the court before sentence was handed down. “I wish I’d have done all this sooner.”
Judge Bruns had reservations, however.
“When I look at your record, I see a lot of ups and downs,” Bruns said. “But I want to commend you for where you are right now, and I want to encourage that.”
Bruns sentenced the defendant to three years of community control.
Brian Z. Abrams, 36, appeared for a competency hearing. Abrams stands accused on charges of aggravated possession of drugs. Both the defense and prosecution stipulated that Abrams had been found incompetent to stand trial, but restorable within the time period allowed by law. Bruns ordered Abrams transferred to the Summit Behavioral Healthcare to undergo further mental health treatment.
Also on Tuesday:
Daniel R. Salyers, 31, of Eaton, was scheduled to appear for a change of plea hearing on charges of burglary. A warrant for Salyers’ arrest was issued after he failed to appear.
Charles W. Hawn, 44, of Chillicothe, was scheduled to appear on charges of aggravated possession of drugs and theft from a person in a protected class. A warrant for Hawn’s arrest was issued after he also failed to appear.
Stacey A. Denham, 39, of Brookville, entered a plea of deny to accusations of community control violation on underlying charges of obstructing official business, identity fraud, and aggravated possession of drugs. Her next court appearance is a pre-trial conference, to be held Sept.17.
Misti D. Adamson, 30, of Eaton, pleaded guilty to attempted burglary and theft from a person in a protected class. Her next court date is a sentencing hearing, to be held Aug. 5.
Donald A. Buttery, 41, of Oxford, failed to appear on charges of possession of a fentanyl-related compound. Buttery’s attorney, Kirsten Knight, claimed that her client was currently hospitalized after testing positive, along with family members, for Covid-19, resulting in his hearing being indefinitely postponed.
Richard E. Marshall, 56, was sentenced on charges of aggravated possession of drugs. Marshall’s attorney asked that he be allowed to remain free pending enrollment in a substance abuse treatment program, citing the enormous out-of-pocket cost of inpatient treatment and the fact that Marshall’s employer-sponsored health insurance was due to kick in at the beginning of August.
Judge Bruns ordered the defendant taken into custody pending admission to a community-based correctional treatment facility, however. Bruns also sentenced Marshall to three years of community control.
Finally, Jared Farah, 24, of New Castle, Pennsylvania, appeared for sentencing on charges of possession of marijuana, trafficking in marijuana, and possessing criminal tools. According to court documents, Farah and another defendant were pulled over by Ohio State Highway Patrol troopers on Interstate 70 in Preble County in Dec. 2019. A search of their vehicle revealed “large amounts of marijuana packaged for trade.”
“The sheer volume and diversity of marijuana and marijuana products [found in the vehicle] is remarkable,” a sentencing memorandum filed by the Preble County Prosecuting Attorney’s Office reads. Prosecutors recommended six months of incarceration in the case, followed by community control.
Judge Bruns stated he was unable to proceed with sentencing because Farah had failed to cooperate with a pre-sentencing investigation, however. Bruns ordered Farah taken into custody pending completion of that investigation.
Reach Anthony Baker at 937-683-4057 or on Facebook @improperenglish