A Hillsboro man appearing on a bench warrant Friday in Hillsboro Municipal Court was sentenced to 150 days in jail after asking the judge if he could serve out the remaining time on a suspended sentence.
The Times-Gazette previously reported that Joshua Helterbrand, 33, and co-defendant Lacy Helterbrand, 31, Hillsboro, were charged with fourth-degree felony theft after allegedly using a vehicle without permission.
In April, both entered agreements and pled guilty to first-degree misdemeanors for unauthorized use of a motor vehicle and driving without consent, respectively. Jail sentences were suspended on several conditions, including that the Helterbrands have no contact with each other.
On Friday, both appeared in court on bench warrants.
Judge David H. McKenna said Joshua Helterbrand was previously found guilty of a probation violation. He was later furloughed for surgery, but then did not return to court. He also failed to report to the probation department, the judge added.
Joshua Helterbrand told him, “I attempted probation, but I didn’t attempt very well, did I?”
“Same old story,” the judge said.
“Same old song and dance,” Joshua Helterbrand added.
McKenna said Joshua Helterbrand only had a few days remaining on his last probation violation. As the judge was scheduling a hearing on the new violations, Joshua Helterbrand asked, “Is there any way I can skip the hearing and just do my 150 days now?”
“Your wish is my command,” McKenna said.
That time is set to begin after Joshua Helterbrand has served out the sentence on his earlier probation violation.
He then asked the judge if time in inpatient treatment could count toward his jail sentence. McKenna said it could if he completed both it and any aftercare.
Co-defendant Lacy Helterbrand was also found guilty of a probation violation. One hundred and seventy-two days remained suspended on her case.
McKenna said a warrant was issued for her arrest after she failed to appear for a review and failed to report to the probation department. The judge added that when Lacy Helterbrand was recently arrested, she was in the household of someone with whom she was ordered to have no contact.
McKenna also reviewed her record, saying that she has “been coming in here just about as long as I have.” He cited 17 different cases, which began in 2002.
Ninety days of her previously suspended sentence were imposed. If Lacy Helterbrand passes a drug screen, she can be furloughed on Sunday. The remaining time is set for December.
Also on Friday, Steven Jordan, 41, Mount Orab, entered an agreement on first-degree misdemeanor operating a vehicle under the influence (OVI). The state agreed to treat the charge as a first offense.
A suspended sentence was recommended on the condition that Jordan complete a three-day driver intervention program.
All but three days of a 180-day jail sentence were suspended, with credit given for time in the program. Jordan must pay a $500 fine. His license was suspended for six months. He was placed on reporting probation, must obtain counseling, and is prohibited from possessing alcohol.
McKenna said Jordan was previously ordered to possess no alcohol in 2013, when he was convicted of aggravated menacing. On Friday, he was found guilty of a probation violation.
Ninety days of his previously suspended sentence were imposed. He was given credit for three days. The remaining time is set for December. His probation was extended for an additional year.
In other cases:
• Shane Cash, 32, Williamsburg, entered an agreement. The Times-Gazette previously reported that he was charged with first-degree misdemeanor assault after an alleged February incident involving a minor. On Friday, Cash pled guilty to the charge and the state recommended a suspended sentence. He was given credit for 19 days in jail. An additional 161 days were suspended. Cash was placed on reporting probation and ordered to attend anger management classes.
• Also entering an agreement was Roy McGlone, 31, Leesburg. He pled guilty to OVI and contributing to the delinquency of a minor, both first-degree misdemeanors. Two counts of endangering children and a minor misdemeanor for failing to drive in marked lanes were dismissed. One hundred and seventy-seven days of a 180-day jail sentence were suspended. McGlone will be given credit for his time in a driver intervention program. His license was suspended for six months. He must pay a $500 fine. McGlone was placed on reporting probation. Sentencing on his other case was deferred until January to give him time to complete a parenting class.
• Carl Pennington, 36, Greenfield, pled guilty to one count of first-degree misdemeanor theft, as per an agreement. A second count, as well as a charge of trespassing, were dismissed. He was given credit for 16 days in jail. An additional 164 days were suspended. He was ordered to pay $100 of a $500 fine and to have no contact with Dollar General. A holder from the Adult Parole Authority (APA) was previously lifted, according to a Highland County Sheriff’s Office deputy in the courtroom. Pennington told the court that he anticipates going to a halfway house.
• Christopher Mullis, 49, Cincinnati, also entered an agreement. He pled guilty to second-degree misdemeanor criminal damaging and minor misdemeanor disorderly conduct. Two counts of aggravated menacing were dismissed. A 90-day jail sentence was suspended. He must attend anger management classes and pay a $100 fine.
• Timothy Lewis, 22, Lynchburg, appeared for a deferred sentencing on a charge of second-degree misdemeanor possession of drug abuse instruments. As of Friday, he had been compliant with substance abuse counseling. The charge was amended and reduced to fourth-degree misdemeanor possession of drug paraphernalia. Thirty days in jail were suspended. Lewis must pay a $250 fine. His license was suspended for six months.
• A charge of OVI was amended and reduced to fourth-degree misdemeanor reckless operation for Dustin Arnett, 19, Washington C.H. Sentencing was previously deferred to give him time to complete a driver intervention program and the “Thinking for a Change” class. He was given credit for his time in the intervention program, and an additional 27 days in jail were suspended. Arnett must pay a $250 fine.
Reach Sarah Allen at 937-393-3456, ext. 1680, or on Twitter @SarahAllenHTG.