By Kathy Laird
CCN correspondent
BUCYRUS — Nickolas Pierce, 23, of Bucyrus was sentenced in Crawford County Common Pleas Court Thursday to 48 months in prison. In a plea deal negotiated between the state and Pierce’s attorney, Brad Starkey, Pierce avoided a potential seven years in prison on the charge of felonious assault, a second-degree felony.
Judge Sean Leuthold commended Starkey for presenting a good argument for his client. “I believe that there were mitigating factors in this case,” Leuthold said, “Normally you would do seven years without a chance at an early release.”
Pierce will be eligible for judicial release after some time. Leuthold admonished Pierce, “When you come out, you will lead a clean, law abiding, sober life. Your days of drinking and going to bars are over.” Pierce will receive credit for jail time served. He is to have no contact with his victim.
Delilah Stevens, 21, of Mansfield was sentenced to 36 months in prison after pleading guilty to a charge of possession of drugs, a third-degree felony. Leuthold said he would not object to an early release from prison.
“Get your head on straight while you’re in prison. If I choose to let you out down the road you’ll be under my supervision and if you mess up I will send you right back to prison,” Leuthold said.
A Galion man was given a second and final chance to complete five years of community control. Timothy Evans, 50, found himself in violation of the terms and conditions of his community control after he pled guilty to a charge of operating a motor vehicle under the influence. The violation occurred in Marion. That charge as well as the consumption of alcohol created the community control violation.
Evans was placed on community control after pleading guilty to domestic violence in 2015. That incident was charges as a third-degree felony punishable with up to 36 months in prison. In speaking for the state of Ohio Assistant Prosecutor Ryan Hoovler said the state of Ohio is “fed up” with Evans’ failure to comply. He asked that the prison sentence be re-imposed.
Noting it was a touch decision, Leuthold put some mitigating factors on the record. He recognized that Evans is a single parent and that his elderly mother has helped with the care of his child. Leuthold also noted that Evans received several letters of support including those of a recognized treatment program.
“You have many people who support you and have faith in you,” Leuthold said. “However, I do not. Your attorney, Mr. Starkey, has argued for you ad nauseum, trying to keep your family together.”
Leuthold commended Starkey for moving “heaven and earth” to help his client. He decided to go a different route in the sentencing. Leuthold continued community control and ordered that Evans serve 90 days in jail. Leuthold also gave Evans a report date of August 21, 2018. He declared Evans be placed on the work release program.
“I am the guy who decides with this pen whether or not you go to prison,” Leuthold said. “Get your head out of your butt. Don’t defy me. I’m giving you one more chance. If you test positive for anything between now and August 21, this deal goes away. I’m going to motivate you. “Do this again and you go to prison. The ball is in your court..”
