A Middletown man is heading to prison for a year after admitting that he was untruthful to the court at his last hearing.
Robert D. Throckmorton, 26, admitted in Highland County Common Pleas Court on Tuesday that he was not truthful at his last hearing because he was fearful of going to prison.
According to Adult Parole Authority Officer Sheri Barton, documents were submitted to the court at Throckmorton’s last hearing claiming that Throckmorton was in treatment. But later when the information was checked, it was found that the defendant had never been to the facility named.
“He had a big story about all the stuff he did while he was at large,” Barton told the court.
According to the court’s records, a warrant was issued for Throckmorton last August after his whereabouts became unknown, but he was not arrested on that warrant until last month.
Throckmorton told judge Rocky Coss that he lied to him so he wouldn’t get sent to prison, and then lied to the probation officer after the hearing, too. Then, the defendant said, he “hurried up” and tried to get into a treatment program.
According to defense attorney Allyce Horne on Tuesday, Throckmorton has to undergo an orientation before being able to start a treatment program. She said he has maintained full-time employment through the course of his more than two-year-old case.
But the judge said “enough is enough,” saying that Throckmorton has had “several opportunities for treatment” but has continued to be non-compliant with the orders of the court.
The defendant was initially granted intervention in lieu of conviction in April 2014 after pleading guilty to fifth-degree felony cocaine possession. He was terminated from the program a few months later for probation violations and sentenced to community control and the STAR residential treatment program. He was continued on community control in May because the court believed him to be in treatment, but within a week a notification was filed alleging the violations he admitted to on Tuesday.
He was sentenced to the maximum term for the offense of 12 months in prison. A furlough request so that he could be at his wife’s side as she undergoes surgery was denied.
“You lied to me repeatedly, Mr. Throckmorton,” Coss said, adding that the defendant treated the court as if it didn’t matter.
“There ain’t no way I can get it?” the defendant asked of the furlough.
“Ain’t no way,” Coss said.
In another hearing, a Greenfield woman was also sentenced to prison after her fourth appearance in the courtroom on a case also originating from 2014.
Kassie Brigner, 20, was sentenced to 11 months in prison after she admitted to violations that included a theft offense, not reporting, using heroin, and possessing drug paraphernalia.
Brigner was granted intervention in lieu of conviction in July 2014 on a charge of fifth-degree felony heroin possession, but court records show she was terminated from that the following year and sentenced to community control and treatment. Further violations got her sent to the STAR program in December.
Defense attorney Lee Koogler said Brigner, who he said has been unsuccessful at battling her addiction, was ready to serve her time in prison.
“I don’t really see another option here, Ms. Brigner,” the judge said, adding that she has had the opportunity to gain the tools to help her get better.
In other hearings, Joshua K. Renchen, 39, Peebles, plead guilty to aggravated trafficking in methamphetamine, a fourth-degree felony, and is scheduled to be sentenced in July.
William Ray Penix, 32, Hillsboro, was sentenced to community control and treatment for fifth-degree felony breaking and entering.
Reach Angela Shepherd at 937-393-3456, ext. 1681, or on Twitter @wordyshepherd.
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