In Highland County Common Pleas Court on Thursday, community control was continued for a Blanchester man who violated the terms of his probation last February when he was charged with assault.
The violation occurred on Feb. 27, 2013, during which time Daniel Mosley, 35, was taken to the hospital while intoxicated. Once at the hospital, he attempted to strike a nurse.
Mosley had previously been found guilty of the original assault charge in Clinton County Common Pleas Court and was sentenced to community control and fined $1,000.
Along with intoxication, the incident also violated the curfew requirement of Mosley’s community control. In addition, he had failed to pay his court costs by the designated date.
On Thursday, a hearing was held in relation to those alleged probation violations. Mosley had been given community control in October of 2012 for illegal assembly, a third-degree felony.
During the hearing, the state presented two witnesses, both of which had been supervising Mosley during his community control. Both confirmed the incident and violations which occurred on Feb. 27.
Defense Attorney Kathryn Hapner also questioned the witnesses. When asked, both said that apart from the incident in February, Mosley had been compliant.
Hapner then called Mosley to the stand, at which time he said that his court costs had been recently paid.
He also said that on Feb. 27, he had consumed alcohol and violated his curfew. Mosley also said that he had been drugged during the course of that evening and that the drug had not shown up on a drug screen. He said that drug contributed to the Feb. 27 incident.
“I didn’t even know I went to the hospital,” he said.
When asked if he was currently employed, Mosley said that he works full-time at Dakota’s Roadhouse as a cook.
In the state’s closing statement, Highland County Prosecutor Anneka Collins requested that Mosley’s community control be revoked.
“He was only on probation for about three and a half months before he violated it,” she said, adding that he had also committed another felony, which she described as a “pretty major violation.”
In addition, Collins noted that Mosley had only paid his court costs within the last few days. She said, “Even with the eleventh hour attempt to pay his court costs, that’s still a violation.”
Hapner, in the defense’s closing statement, said, “This case was never a question of whether he’d violated his probation.”
She requested that Mosley’s community control be continued.
“He had one really bad night,” she said, adding that excluding that incident, Mosley had been compliant.
“He’s employed, he pays taxes, and we want to continue that,” she said.
Following the statements, Highland County Common Pleas Court Judge Rocky Coss said, in terms of Mosley having been drugged, “I don’t find that very credible.”
Coss then said, “Given the fact that this was a year ago, and the defendant is employed, I’m going to give you one last chance.”
Mosley’s community control was continued with additional restrictions, including the extension of that control by one year, the payment of additional court costs, and a more restrictive curfew for the next six months.
Also in common pleas court for probation violation was Audrey Major, 33, of New Vienna. In December, Major was sentenced to three years of community control for failure to comply with order or signal of a police officer, a third-degree felony.
Major’s community control was continued, with the additional requirement that she successfully complete treatment at the Fayette Women’s Recovery Center, as well as any aftercare.
Major will remain in custody until April 14, at which time she will be transported to the facility.
“You’re going to have to do this and do this successfully, not just go,” Coss said.
If she does not cooperate with treatment, Coss said Major could face prison.
In other news, Travis D. Gibson, 33, of Leesburg, entered into a plea agreement in which he pleaded guilty to fourth-degree felony theft by deception.
As a part of the agreement, the state and defense will jointly recommend seven months incarceration. In addition, Gibson will be required to pay restitution. The maximum sentence Gibson could face is 18 months in prison.
In another case, Coss requested that FRS do an evaluation of Robert D. Throckmorton, 24, of Leesburg, at the jail. Throckmorton was charged with possession of cocaine, a fifth-degree felony.
Following an assessment by FRS, another hearing will occur during which time, if Throckmorton pleads guilty, he will be eligible for treatment. If he successful completes that treatment, then his case could be dismissed.
Coss said that in order for him to not be charged with the felony, he would have to be compliant.
“You have this responsibility,” he said.
Finally, judicial release was granted via video conference to Jason K. Saunders, 26, of Lynchburg.
Last April, Saunders was sentenced to 36 months incarceration on two counts of illegal assembly or possession of chemicals for the manufacture of drugs, a third-degree felony.
In March, a post-sentence investigation and STAR assessment were both ordered.
When asked if he had anything to say, Saunders told the court, “During my time of incarceration here, sir, I’ve realized I not only put myself in danger, but my family, the courts, the officers, and the county.”
Saunders went on to say, “I not only put my life in danger, it put others in danger, too.”
He added, “I realize it was wrong and immature.”
Further, Saunders said he would get a job upon release, adding that his previous employer had agreed to rehire him.
Coss said that because addiction is difficult to overcome, Saunders would be required to complete the STAR program and any aftercare.
Saunders will be transported to the Highland County Justice Center on May 13, where he will stay for one day until being transported to STAR on May 14.
Following completion of STAR, Saunders will be under supervision for three years.
Sarah Allen may be reached at 937-393-3456 or on Twitter @SarahAllenHTG.