EATON — A local man initially indicted for attempted murder could serve up to seven years in prison after being sentenced on charges of felonious assault in Preble County Common Pleas Court Wednesday. Judge Stephen R. Bruns presided.
Gary Mullins, 70, pled guilty in June; according to court documents, Mullins was charged after firing “at or into” the residence of the alleged victim in the case. The indictment also specifies that Mullins did so in an attempt to purposely cause the victim’s death.
The defense and prosecution jointly recommended a sentence of four to six years of incarceration on Wednesday. The charge also includes a firearm specification which carries a mandatory one year of additional incarceration.
“This is clearly a thing Mr. Mullins is very, very remorseful for, and he owned up to it right away,” Ohio Attorney General’s Office Special Prosecutor Joel T. King told the court before sentence was handed down.
The defendant, meanwhile, assured Judge Bruns that he was eager to put his legal troubles behind him.
“I’m glad to have it over,” Mullins said. “I have no ill will toward anyone, and I doubt you’ll ever have a problem with me again.”
Bruns sentenced Mullins to an indefinite prison term of four to six years “depending upon what transpires during [his] incarceration,” plus an additional year for the firearm specification, with credit for 425 days already served. Mullins was also ordered to pay restitution in the amount of approximately $1,900.
Also in court Wednesday:
Ashley N. Kinsler, 28, of Eaton, was sentenced for community control violation on underlying charges of resisting arrest and assault on a peace officer. Kinsler was indicted in Feb. 2020 and convicted the following August.
Kinsler and defense attorney James Van Zant asked for leniency to allow the defendant to resume taking care of her young son.
“Miss Kinsler was employed at the time of her arrest, and it’s my understanding that that job is still available to her,” Van Zant said.
Van Zant also indicated that Kinsler had a stable living situation and had been “all but accepted” by an outpatient substance abuse treatment program in Dayton.
“We’re asking for a disposition that would enable Miss Kinsler to retain her employment and regain day to day care of her child,” Van Zant said.
Kinsler indicated that she’d been forced to violate the terms of her probation by leaving a previous outpatient treatment program in order to regain custody of her son, who was staying with “a stranger” at the time.
“I had to choose between my freedom and making sure my son was safe,” Kinsler told the court before sentence was handed down. “He needs me more than ever now. Please let me go back to my job and my boy.”
Preble County Adult Probation Officer Rhonda Wagner had a different perspective, however, saying that Kinsler tested positive for methamphetamine and fentanyl in Dec. 2020 after failing to report for treatment or make contact with her probation officer following a previous violation.
“We gave her another chance at outpatient treatment in order to get her life on track, and she stayed for two days and walked out,” Wagner said. “She continues to beg for treatment, but she doesn’t show that she really wants it.”
“Words are cheap, and it’s easy to say you’ll do something if you think that will produce the results you need,” Judge Bruns told the defendant before announcing his verdict. “You have established beyond any doubt that you’re unwilling or unable to successfully complete treatment. You’re not much use to your son if you’re addicted to drugs and continue to have the legal problems that you’ve had.”
Bruns ordered Kinsler to remain in custody until a bed becomes available at a community-based correctional facility.
Frankie L. Angel, 57, of Camden, was sentenced on charges of domestic violence. Angel was indicted in Aug. 2020 after allegedly assaulting his live-in girlfriend; according to a sentencing memorandum filed by Assistant Prosecuting Attorney Eric Marit, the defendant told responding officers that the victim “needed to leave the territory or he would kill her.”
Angel’s previous record includes prison terms for breaking and entering, grand theft, protection order violation, and domestic violence in Preble and Warren counties, as well as additional charges of assault, disorderly conduct, telephone harassment, and endangering children. The state recommended probation and substance abuse treatment in the case.
Defense attorney Kyle Lennen stressed his client’s so far successful participation in a substance abuse treatment program.
“Most if not all of his crimes were due to being under the influence of alcohol,” Lennen said, indicating that Angel’s legal troubles would likely cease along with his substance use.
Angel’s alleged victim also spoke briefly on his behalf.
“I just want him to get help,” she said.
Bruns sentenced Angel to three years of community control; a suspended sentence of six months of incarceration, less 23 days for time already served, could be imposed if Angel fails to honor the terms of his probation agreement.
Reach Anthony Baker at 937-683-4057 or on Facebook @mproperenglish