EATON — Preble County Common Pleas Court heard several drug-related cases last week. Judge Stephen R. Bruns presided.
Clyde W. Miller, 38, of Eaton, was scheduled for sentencing on charges of possession of heroin and illegal use or possession of drug paraphernalia. Miller failed to appear for his Jan. 5 hearing, however, resulting in a capias warrant being issued for his arrest.
According to a sentencing memorandum filed by the Preble County Prosecuting Attorney’s Office, the state suggested community control (probation) in the case, stating that Miller’s criminal history, though indicative of a drug problem, was not extensive enough to warrant incarceration.
Miller’s record includes charges of theft and making false statements. According to court documents, he is scheduled to turn himself in on the capias warrant on Jan. 19.
Jesse Gabbard, 34, of Camden, failed to appear for a sentencing hearing on charges of aggravated possession of drugs on Wednesday, Jan. 6. Gabbard’s attorney, Sam Borst, claimed that Gabbard’s mother had called to inform him that his client was currently stranded in another state due to car trouble.
“He won’t be able to get his vehicle fixed, and hasn’t been able to get a ride, until Monday,” Borst told the court.
Judge Bruns seemed reluctant to give Gabbard the benefit of the doubt, however, citing his failure to cooperate with a pre-sentencing investigation being conducted by court officers on his behalf.
“He didn’t appear for the PSI, he didn’t appear for this, and he didn’t let us know until the morning of,” Bruns said. “I’m not convinced he’s not avoiding disposition.”
According to court documents, the Preble County Prosecutor’s Office has suggested Gabbard be ordered to undergo substance abuse treatment in a community-based correctional facility, stating that he “will need resources greater than outpatient treatment can offer in order to live a sober lifestyle.”
Gabbard’s previous record includes charges of domestic violence, aggravated menacing, manufacturing meth, fraudulent use of a credit card, burglary, and public intoxication. Judge Bruns ordered a warrant issued for Gabbard’s arrest.
Charles Howard, 46, of Eaton, was scheduled for sentencing on charges of aggravated possession of drugs and illegal use or possession of drug paraphernalia. His hearing was continued until Jan. 20, however, as Howard is reportedly quarantined due to possible exposure to COVID-19.
Additionally, Kevin McGrew, 29, of New Paris, failed to appear for a hearing on charges of aggravated possession of drugs, possession of drug abuse instruments, possession of heroin, and possession of a fentanyl-related compound. McGrew’s attorney informed the court that his client had failed to begin substance abuse treatment as scheduled and that he was uncertain of McGrew’s current whereabouts. Judge Bruns subsequently ordered a capias warrant issued for McGrew’s arrest.
