A Hillsboro man who was released early from prison nearly three years ago is heading back to serve the remainder of his sentence after admitting to violations in Highland County Common Pleas Court on Wednesday.
Gregory Rand, 39, on Wednesday admitted to violating his probation by failing to report, not completing aftercare treatment, consuming oxycodone without a legal prescription, and not paying on his court costs and restitution. On the latter, according to the notification document filed by the probation department, Rand still owes $4,180 in restitution and $8,702 in court costs.
Rand was initially sentenced to three years in prison in May 2013 after pleading guilty to two third-degree felony counts of aggravated trafficking in drugs. He was granted judicial release to the STAR residential treatment facility in December 2013.
On Wednesday prosecutor Anneka Collins recommended that Rand’s community control be revoked saying the defendant “has been right on the edge” of violating his probation since he was placed on it. She said he “snubs his nose” at the orders of the court.
Two different notifications of alleged violations were filed on Rand by the probation department, one in October and the other earlier this month. They were filed just over a week apart. Collins said that at the time of the October filing the Adult Parole Authority (APA), to whom Rand reports for probation, was going to recommend that Rand be continued on community control. But by the time the November notification of alleged violations was filed, the APA was recommending that he go back to prison.
Rand’s attorney, J.D. Wagoner, said he wasn’t going “make excuses” for his client. He said he didn’t think Rand’s violations were due to his “snubbing his nose” at the court, but instead because of Rand’s substance abuse.
While judge Rocky Coss noted that the matter of addiction should have been addressed at STAR, Wagoner said that a person doesn’t always succeed the first time through treatment. He said they were awaiting a bed date at another recovery center and he asked the judge that Rand have the opportunity to go there.
Coss noted that Rand was released from STAR in May 2014 and in that two and a half years still had not completed aftercare treatment. The judge also noted two prescriptions for oxycodone, both from this year.
Rand said he had not informed any of his medical providers of his opiate addiction.
Coss noted that Rand was not sentenced previously as a drug user, but as a drug trafficker.
The judge said that based on the information he had been provided, he was “surprised” that Rand hadn’t been brought before the court on violations before now.
He said he thought Rand likely had “an attitude problem that exceeds (his) addiction problem.” Coss said he thought Rand has done the “bare minimum” to stay out of prison.
The judge revoked Rand’s community control, and he was ordered to serve the remainder of his prison term.
In another hearing, Joseph M. Scott, 48, Highland, pled guilty to two counts of fourth-degree felony attempted intimidation.
The charges were amended from third-degree felony intimidation and stem from Scott’s alleged behavior toward deputies during a June incident.
Scott is to be sentenced in January following the completion of a presentence investigation. According to Coss, the sentencing recommendation contained in the plea agreement is for community control.
Last week, a motion to dismiss the case based on exculpatory evidence in the form of video from the jail no longer existing was postponed and later withdrawn.
As previously reported, according to a Records Retention Schedule filed by the sheriff’s office, surveillance records in the sheriff’s booking room should be kept for one year. But Collins said that the video of Scott’s arrest was apparently “looped over” and no longer exists.
Highland County Sheriff Donnie Barrera declined to comment until after Scott has been sentenced.
Reach Angela Shepherd at 937-393-3456, ext. 1681, or on Twitter @wordyshepherd.