A Blanchester man who was on already on community for a drug offense in Highland County was found guilty of assault against a Clinton Memorial Hospital (CMH) nurse Tuesday in Clinton County Common Pleas Court.
Daniel E. Mosley was placed on community control and fined $1,000.
Mosley, 35, was taken to the hospital where he swung at a nurse and missed, while a CMH security guard received multiple scratches on the back of the head in the incident, stated a police report recited in court.
Clinton County Chief Felony Prosecutor Brian A. Shidaker said alcohol was a factor in Mosley’s actions. Mosley’s blood alcohol level registered 0.24, almost three times the legal limit, stated the prosecutor.
“He may not have been in this situation, but for the alcohol,” added Shidaker. Mosley was already on community control in Highland County and one of the rules was to not drink alcohol, Mosley acknowledged in court.
Judge John W. “Tim” Rudduck said alcohol is not a legal excuse for conduct.
A Wilmington Police Department report said Mosley was “yelling and threatening to fight and kill everyone in the [hospital] room,” read Shidaker. Mosley slipped his left arm out of a hospital bed restraint and again attempted to strike at everyone close by, including a registered nurse who reportedly strained her back when he swung at her, Shidaker continued.
The Highland County conviction is for a higher-level felony drug offense than the Clinton County case, Rudduck said.
Shidaker did not recommend a sentence in the local case.
The judge said he’s concerned when “someone basically goes ballistic and disrupts services there [hospital].”
After citing Mosley’s limited criminal history, an assessed low risk for him to be a repeat offender, his employment and cooperation in the case, Rudduck pronounced a six-month suspended jail term, with credit given for 17 days in the county jail.
“That gives you a taste of the loss of liberty,” Rudduck told Mosley.
He will be monitored for a year by local probation officers.
If Mosley violates the community control rules and orders, he faces a 12-month term in prison.
Gary Huffenberger can be reached at 937-382-2574 or on Twitter @GHuffenberger.