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Elyria Man Enters Plea in Lodi Meth Lab Case

July 18, 2012, 3:23 am
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Steven D. Miller, 36, of Denison Avenue in Elyria, appeared in Judge Kimbler's court on Friday, July 13, and entered pleas of no contest to three charges arising out of the operation of a meth lab in Lodi. Judge Kimbler accepted his pleas, found him guilty, and ordered a four year prison sentence. Judge Kimbler gave him credit for the 165 days he had served in the Medina County Jail awaiting trial.

Previously a co-defendant, James Goff, of Akron, had entered pleas to the same charge was sentenced to five years in prison. Mr. Miller received a lesser sentence because he had less involvement in the operation of the lab.

At the hearing the State was represented by Assistant Medina County Prosecutor Michael MacNamara. Mr. Miller was represented by Attorney David Sheldon of Medina.
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Jury Awards Brunswick Woman $81,000.00 for Automobile Accident Injuries

July 20, 2012, 7:01 am
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On March 28, 2009, Anne C. Ericksen, who has since been married and is now known was Anne C. Bailey, was driving her Saturn north on Carpenter Road in Brunswick. She was preparing to make a turn onto Jerrold when she was struck from behind by Carol C. Heubach of Brunswick Hills. As a result of the collision, Ms. Bailey was injured. On Wednesday a jury in Judge Kimbler's court awarded her $81,0000 as compensation for her injuries. 


The trial lasted three days and involved eight witnesses, including a doctor for  Ms. Bailey and a doctor who testified on behalf of Ms. Heubach. The medical bills came to $85,000 as billed but the medical providers accepted $46,000 in full payment due to contracts that they had with medical insurance companies. 


Since Ms. Heubach admitted that she negligently operated in car by failing to keep an assured clear distance, the issue was the amount of money that Ms. Bailey should receive for her injuries. Prior to trial Ms. Heubach's insurance company offered to settle the lawsuit for $30,000. Although Ms. Bailey had demanded $50,000 to settle at one point, when the trial began her demand was for $85,000. 
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Court of Appeals Affirms Hell's Angel Conviction

July 23, 2012, 9:48 am
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The Ohio Court of Appeals for the Ninth Appellate District, which has appellate jurisdiction over Lorain, Medina, Summit and Wayne Counties, affirmed the conviction of Hell's Angels member Scott E. Stage. Mr Stage, who was convicted of a second degree felony of Felonious Assault, and sentenced by Judge James L. Kimbler to six years in prison, appealed his conviction on four grounds. The grounds were that the conviction was against the manifest weight of the evidence; that his trial counsel was ineffective; that Judge Kimbler wrongfully admitted a 9-1-1 tape into evidence; and that the evidence was insufficient to convict him. 


The Court of Appeals, in an opinion authored by Judge Clair E. Dickinson, found against Mr. Stage on all four grounds. Consequently Mr. Stage will continue to serve his prison sentence. He still has the right to file an appeal in the Ohio Supreme Court, although that Court wouldn't have to hear the appeal.  
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Judge Kimbler Probation Violations for July 19, 2012

July 24, 2012, 7:08 am
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11CR0115Hodge, Luther J. Wasielewski               7/19/12              Disp.:  Denial – Hearing set for a later date.


11CR0304Boyer, Michael L. Lesko             7/19/12              Disp.:  PV dismissed due to def. willing to go to CBCF.


07CR0360           Ailiff, Mark B. Burcham                     7/19/12              Disp.:  Cont. to next wk.  Atty. to speak w/Def.   No Bond


11CR0134           Powell, Jackie                     D. Siekaniec                    7/19/12              Disp.:  Cont. to next wk.  Atty. to speak w/Def. No Bond


11CR0299           Adkins, Crystal                 G. Golden 7/19/12Disp.:   Cont. for one week.  Atty. to speak w/ Def.  No Bond


10CR0629           Mirkovich, Jennifer             D. Siekaniec                   7/19/12              Disp.:  Cont. for one week.  Atty to speak w/Def.  No Bond


09CR0184            Haughawout, Amber          K. Massullo                    7/19/12             Disp.:  Sent. to 180 days MCJ w/credit for 67 days.  Supervision to terminate when released from jail;  all outstanding costs arewaived     


08CR0382           Huntsman, Troy                    K. Turchek                     7/19/12             Disp.:  Sent. to 180 days MCJ w/30 days credit.  Superv. to terminate upon release from jail.  All outstanding costs waived.
              
10CR0420           Roland, Shawn      B. Burcham  7/19/12            Disp.:   Cont. until after new case is disposed of.


12CR0042            Yahnke, Brody                       S. Theus                         7/19/12            Disp.:  Cont. for one week so attorney can be present.


11CR0515            Roberts, Shawn      G. Golden                      7/19/12            Disp.:  Denial – Hearing set for later date.


10CR0190            Medvick, Brian                       K. Turchek                     7/19/12            Disp.:  Admits – Cont. on supervision w/alcohol monitoring   and Home Arrest until 11/5/12.  PV costs assessed


11CR0232            Lasco, Edward                        J. Wasielewski               7/19/12            Disp.:   If the drug test from 7/17/12 returns negative, the  Court will dismiss the violation.

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Judge Kimbler Arraignments for July 19, 2012

July 24, 2012, 11:04 am
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Jacob A. Hannahs of Nave Road, in Massillon entered a not guilty plea to one count of Aggravated Burglary, a first degree felony. Trial is set for September 24, 2012 and his pretrial is set for September 17, 2012.

Damian W. Brown of McElwee Drive in Rittman entered a plea of not guilty to two counts of Driving While Under the Influence of Drugs and/or Alcohol, both fourth degree felonies. Trial is set for September 17, 2012 and his pretrial is set for September 10, 2012.

Dena M. Unangst of Larwill Street in Wooster entered a not guilty plea to one count of Receiving Stolen Property, a fifth degree felony. Trial is set for September 18, 2012 and the pretrial is set for September 11, 2012.

Joseph A. Senz, Jr. of Easton Road in Rittman entered a plea of not guilty to one count of Receiving Stolen Property, a fifth degree felony. Trial is set for September 26, 2012 and pretrial is set for September 19, 2012.

Christopher F. Zaniewski of Miner Drive in Medina entered a plea of not guilty to one count of Domestic Violence, a fourth degree felony. Trial is set for September 25, 2012 and pretrial is set for September 18, 2012.

Loreen M. Noble of Village Drive in Mentor entered a not guilty plea to one count of Receiving Stolen Property, a fourth degree felony. Trial is set for September 18, 2012 and pretrial is set for September 11, 2012.

Joseph R. Hylton of Heavenly View Lane in Valley City entered not guilty pleas to three counts of Importuning, all third degree felonies. Trial is set for September 25, 2012 and pretrial is set for September 18, 2012.

Skylier C. Garnett of Harris Street in Lodi entered a plea of not guilty to two counts of Possession of Drugs, both fifth degree felonies. Trial is set for September 26, 2012 and pretrial is set for September 19, 2012.

Jacquelyn Nemes of Fixler Road in Wadsworth entered a not guilty plea of one count of Possession of Drugs, a fifth degree felony. Trial is set for September 19, 2012 and pretrial is set for September 12, 2012.

Jeremy G. Langworthy of State Route 58 in Wellington entered a plea of not guilty to one count of Theft, a fifth degree felony. Trial is set for September 17, 2012 and pretrial is set for September 10, 2012.

Tommy L. McCoy of Kimmel Road in Cleveland entered a not guilty plea to one count of Possession of Drugs, a fifth degree felony. Trial is set for September 25, 2012 and pretrial is set for September 18, 2012. 
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Third Defendant Pleads Out in Lodi Meth Lab Case

July 24, 2012, 11:11 am
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Dena L. Cogar, 32, of Elyria Street in Lodi entered a change of plea to three charges on Monday, July 23, 2012 in Judge Kimbler's courtroom. She was charged with Illegal Manufacture of Drugs in the Vicinity of a Juvenile; Illegal Possession of Chemicals for the Manufacture of Drugs; and Endangering Children. Prior to changing her plea, her attorney and the Assistant Medina County Prosecutor in charge of the case informed Judge Kimbler that they were willing to waive a presentence investigation report. Both attorneys recommended a prison sentence of four years on the first count; nine months on second count; and two years on the third count. Judge Kimbler then proceeded to impose the recommended sentence. 
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Judge Collier's Criminal Docket for July 23, 2012

July 24, 2012, 12:39 pm
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court July 23:

Jacob Earhart, 25, of Carpenter Street in Brunswick, was sentenced to four years of community control sanctions, with 180 days in jail, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for one year.

Kayla Killian, 22, of Medina, was sentenced to five years of community control sanctions, with 180 days in jail and a period in a Community Based Corrections Facility, on one count of Domestic Violence, a fourth-degree felony.

Sarah Murray, 21, of Missouri, was sentenced to three years of community control sanctions, with 30 days in jail, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. Her driver’s license was suspended for one year.

Willie Nix, 42, of Cumberland Avenue in Cleveland, was sentenced to two years of community control sanctions on one count of Possession of Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.

Stefan Prince, 24, of Boston Road in Strongsville, was sentenced to five years of community control sanctions, with 180 days in jail, on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for one year.

Curtis Spears, 25, of Andrew Street in Akron, was sentenced to four years of community control sanctions on one count of Trafficking in Crack Cocaine within the Vicinity of a Juvenile, a third-degree felony. His driver’s license was suspended for six months.

Joseph Canfield, 35, of Avon Lake Road in Medina, pleaded not guilty to two counts of Possession of Drugs, both of which are fifth-degree felonies. A jury trial is scheduled for September 19.

Dawn Cassidy, 38, of Temple Avenue in Lorain, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for November 5.

Bradley Chait, 19, of Oakland Park Drive in Strongsville, pleaded no contest to one count of Corrupting Another with Drugs, a fourth-degree felony. Sentencing is scheduled for September 4.

Clarence Dwyer, 75, of 17th Street SW in Akron, pleaded not guilty to one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for October 29.

Anthony Hall, 21, of West Liberty Drive in Medina, pleaded not guilty to two counts of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for September 19.

Jason Hamilton, 33, of West 86th Street in Cleveland, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for October 3.
Anthony Shipe, 28, of Exchange Park Drive in Medina, pleaded not guilty to one count of Unlawful Sexual Conduct with a Minor, a third-degree felony. A jury trial is scheduled for September 24.

Jacob Shroyer, 18, of Lancaster Drive in Medina, pleaded not guilty to one count of Theft from the Elderly or Disabled, a fourth-degree felony, and one count of Theft, a fifth-degree felony. A jury trial is scheduled for October 1.

Jeremy Snyder, 27, of Brookshore Drive in Chippewa Lake, pleaded not guilty to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for October 29.

Jason Stanek, 31, of River Road in Hinckley, pleaded guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for September 4.

Eric Vormelker, 29, of Bank Street in Lodi, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for October 22.

Jacob White, 19, of Park Street in Wadsworth, pleaded not guilty to one count of Trafficking in LSD and one count of Trafficking in Drugs, both of which are fourth-degree felonies, and two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for September 24.
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Brunswick Man Chooses Prison Over Probation

July 27, 2012, 7:47 am
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On Thursday, July 26, 2012, Mr. Michael B. Ward, of Hadcock Road in Brunswick, appeared in Judge Kimbler's courtroom for sentencing on two felony charges. One was a theft charge which was a felony of the fifth degree. The other charge was a third degree felony, Trafficking in Drugs. During the sentencing hearing Mr. Ward's two attorneys argued that Judge Kimbler should put him on supervision by the Medina County Adult Probation Department. Their argument was that Mr. Ward's crimes were caused by his use of drugs. 


When it came time for Mr. Ward to speak, Judge Kimbler offered him a choice. Judge Kimbler said that he could either serve a nine month prison term or go on probation for three years. If he violated probation, however, he would be facing a two year prison sentence. Mr. Ward chose the prison sentence and was given nine months on the drug trafficking charge and 180 days in the Medina County Jail on the Theft charge. He was also given credit for 134 days served on the theft charge. 
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Strongsville Man Enters Plea to Felony DUI, Gets 10 Months

July 31, 2012, 6:51 am
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Jason W. Hennessey, 28, of Ordner Street in Strongsville, appeared in Judge Kimbler's courtroom on Friday, July 27, 2012 and changed his plea to one count of driving under the influence and one count of drug possession. The felony DWI was his second felony DWI offense since turning 18. Following the change of plea hearing, Judge Kimbler proceeded to impose sentence. Both parties recommended that Judge Kimbler impose a 10 month prison sentence. Judge Kimbler accepted the recommendation and imposed a 10 month prison sentence with credit for 26 days served. 
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Judge Kimbler's Criminal Docket for July 26, 2012

July 31, 2012, 7:19 am
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court July 26:

Kenneth Bellomy, 40, of North Avon Avenue in Wadsworth, was sentenced to five years of community control sanctions, with 120 days of home arrest and 30 days in jail, on one count of Violation of a Protection Order, a fifth-degree felony.

Jacob Earhart, 26, of Pinecrest Drive in Brunswick, was sentenced to three years of community control sanctions, with 90 days of home arrest, on one count of Possession of Cocaine, a fifth-degree felony.

William Egut, 32, of Medina, was sentenced to three years of community control sanctions, with 180 days of home arrest, on one count of Menacing by Stalking, a fourth-degree felony. He also was ordered to pay $325 in restitution.

Douglas Vanelli, 33, of River Corners Road in Spencer, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fifth-degree felony. His driver’s license was suspended for six months.

Michael Ward, 22, of Edgebrooke Drive in Brunswick, was sentenced to nine months in prison on one count of Trafficking in Drugs, a third-degree felony, and one count of Theft, a fifth-degree felony.

Brandon Berlin, 19, of Main Street in Wadsworth, pleaded not guilty to one count of Rape, a first-degree felony, and one count of Gross Sexual Imposition, a third-degree felony. A jury trial is scheduled for September 24.

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Judge Collier's Criminal Docket for July 30, 2012

July 31, 2012, 7:21 am
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court July 30:

Debra Burner, 42, of Water Street in Seville, was sentenced to five years of community control sanctions on two counts of Safecracking, both of which are fourth-degree felonies and one count of Theft, a fifth-degree felony. She also was ordered to pay $6,400 in restitution.

Rebecca Leidy, 52, of Benton Street in Barberton, was sentenced to five years of community control sanctions, with 180 days in jail, on three counts of Receiving Stolen Property, one of which is a fourth-degree felony and two of which are fifth-degree felonies.

Bobbi Clark, 22, of Woodland Drive in Uniontown, pleaded not guilty to one count of Receiving Stolen Property, Check, a fifth-degree felony. A jury trial is scheduled for September 17.

John Dickson, 32, of Crown Point Parkway in Strongsville, pleaded guilty to one count of Receiving Stolen Property, a fifth-degree felony. Sentencing is scheduled for September 17.

Steven Pavlik, 28, of Packard Avenue in Middleburg Heights, pleaded guilty to one count of Deception to Obtain a Dangerous Drug and one count of Illegal Processing of a Drug Document, both of which are fourth-degree felonies. Sentencing is scheduled for September 17.

Treg Rufener, 19, of Sterling Road in Sterling, pleaded guilty to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for September 10.

James Skala, 53, of Elyria Street in Lodi, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for August 29.

Eric Thomas, 27, of Plum Creek Drive in Brunswick, pleaded not guilty to one count of Illegal Manufacture of Drugs, a second-degree felony, and one count of Illegal Assembly or Possession of Chemicals for Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for September 7.
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Judge Lohn Binds Over Lodi Juvenile to Stand Trial as an Adult

July 31, 2012, 9:28 am
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On July 24, 2012, Medina County Juvenile Judge John Lohn ruled that a Lodi juvenile charged with attempted murder of his father and a brother and a felonious assault of his mother can be tried as an adult. Judge Lohn's decision means that the Medina County Grand Jury will hear the evidence against the juvenile and then, assuming it finds probable cause, issue an indictment. In the Medina County Juvenile Court the State charged the juvenile with two counts of attempted murder and four counts of felonious assault. 


Judge Lohn pointed out in his order that the Medina County Juvenile Court must bind over to the Medina County Common Pleas Court a juvenile who is 16 years of age or older and who is charged with attempted murder if it determines that there is probable cause to believe that the juvenile committed attempted murder. He also pointed out that when a juvenile is charged with felonious assault the Medina County Juvenile Court may bind the juvenile over to the Common Pleas Court, but that it is not mandatory. 


In reaching his decision to bind the Lodi juvenile over on all the charges, and not just the attempted murder charges, Judge Lohn found that he is no amenable to care or rehabilitation in the juvenile system. He also pointed out in his findings that the juvenile suffers from schizoid personality disorder and shows no remorse for his actions. 


Assuming that the juvenile he is indicted by the Medina County Grand Jury, his case will be assigned to the docket of either Judge Christopher J. Collier or Judge James L. Kimbler. 




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Doylestown Man Pleads Out to RSP, Gets Eight Month Prison Sentence

August 7, 2012, 7:57 am
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Ricky D. Wilson, Jr., 29, of Hametown Road in Doylestown, appeared in Judge Kimbler's court on Tuesday, August 7, and entered a change of plea to one count of Receiving Stolen Property. Since the property was a motor vehicle, the offense was a fourth degree felony. Both the State of Ohio and Mr. Wilson recommended that Judge Kimbler impose an eight month prison sentence. Judge Kimbler took the change of plea, found Mr. Wilson guilty, and imposed an eight month prison sentence. Judge Kimbler gave Mr. Wilson credit for the 84 days he had served in the Medina County Jail since he was arrested. 
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Judge Kimbler's Criminal Docket for August 2, 2012

August 7, 2012, 8:37 am
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 2:

Nicholas Agostin, 24, of Stillwater Drive in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony. His driver’s license was suspended for six months.

Loretta Akers, 53, of Big Injun Trail in Chippewa Lake, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs, one of which is a fourth-degree felony and one of which is a fifth-degree felony. The court ordered that her vehicle be forfeited to law enforcement.

Shayne Grady, 25, of Trease Road in Wadsworth, was sentenced to 180 days in jail on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.

Laura Krakwoski, 39, of Persimmons Lane in Brunswick, was sentenced to three years of community control sanctions on one count of Theft, a fifth-degree felony.

Stephen Swain, 29, of Birch Hill Drive in Medina, was sentenced to three years of community control sanctions, with 90 days in jail, on one count of Domestic Violence, a fourth-degree felony.

Erin Blake, 27, of Falling Oaks Drive in Medina, pleaded not guilty to two counts of Receiving Stolen Property, Checks, both of which are fifth-degree felonies. A jury trial is scheduled for October 3.

Edward Durdella, 39, of Turnbridge Court in Brunswick, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for September 25.

Ramiro Gallegos, of Chicago, pleaded no contest and was sentenced to seven months in prison on one count of Identity Fraud and one count of Forgery, both of which are fifth-degree felonies.

William Hawes, 26, of Spencer Lake Road in Medina, pleaded not guilty to two counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for October 2.

Jesse Stayrook, 28, of Park Center Boulevard in Wadsworth, pleaded no contest to one count of Possession of Drugs, a fifth-degree felony. Sentencing is scheduled for September 6.

Darlene Thiemeke, 45, of Stony Hill Road in Hinckley, pleaded not guilty to one count of Aggravated Vehicular Assault, a fourth-degree felony. A jury trial is scheduled for September 25.

Pernell Williams, 27, of East 77th Street in Cleveland, pleaded not guilty to one count of Robbery, a second-degree felony; one count of Burglary, a third-degree felony; one count of Theft of a Firearm, a third-degree felony; and one count of Theft, a fifth-degree felony. Each charge carries a firearm specification. A jury trial is scheduled for September 24.
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Judge Collier's Criminal Docket for August 6, 2012

August 7, 2012, 8:41 am
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 6:

Brandi Dillon, 28, of North Elmwood Street in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Theft of a Credit Card, a fifth-degree felony.

Shawn Shea, 20, of Andrews Road in Medina, was sentenced to three years of community control sanctions on three counts of Trafficking in Marijuana, all of which are fifth-degree felonies.

Cody Fascione, 18, of Howard Street in Medina, pleaded guilty to one count of Vandalism, a fifth-degree felony and one count of Inducing Panic, a first-degree misdemeanor. Sentencing is scheduled for September 17.

Kelsey Shearer, 19, of Westland Drive in Medina, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for November 5.

Ashley Thomas, 23, of Bushey Avenue in Norton, pleaded not guilty to one count of Endangering Children, a third-degree felony. A jury trial is scheduled for November 13.
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Columbus Woman Gets Mandatory 11 Year Prison Sentence for Drug Trafficking

August 10, 2012, 8:16 am
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On Thursday, August 9, 2012, Judge James L. Kimbler sentenced Isha S. Harper, 32 of E. Livingston Avenue, Columbus, Ohio to 11 years in prison for Drug Trafficking. Because of the amount of the drug involved Ms. Harper was a Major Drug Offender and the 11 year prison sentence is mandatory. Judge Kimbler gave her credit for 59 days served in the Medina County Jail and suspended her driver's license for one year. He also imposed a mandatory fine of $10,000.00, but suspended the fine because he found that she will not have the ability to pay the fine since she will be imprisoned for 11 years. 

Ms. Harper was found guilty by a jury on June 14, 2012. Her defense was that she didn't know that the drugs were in a suitcase that was found in the trunk of the car she was driving. While the car was not registered to her, she told the Ohio State Highway Patrol officer who stopped her that she had been in exclusive possession of the car for two to three months prior to being stopped. 

Ms. Harper is expected to appeal her conviction to the Ninth Appellate District Court of Appeals. The appeal is expected to be filed within the next thirty days. 
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Judge Collier's Criminal Docket for August 13, 2012

August 22, 2012, 3:02 am
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 13:

Steven Lisi, 20, of Bennington Boulevard in Brunswick, was sentenced to five years of community control sanctions, with 180 days in jail, on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies.

Hugo Lopez, 25, of Clearbrook Drive in Brunswick, was sentenced to three years of community control sanctions on one count of Possession of Drugs, a fifth-degree felony. His driver’s license was suspended for six months.

Alfred Perry, 22, of Reed Avenue in Cleveland, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Theft of a Motor Vehicle, a fourth-degree felony. He also was ordered to pay $5,000 restitution.

Sarah West, 29, of Willow Row Road NE in Canton, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Possession of Drugs, a fifth-degree felony. Her driver’s license was suspended for six months.

Crystal Husk, 38, of Florida Avenue in Akron, pleaded not guilty to one count of Complicity to Commit Deception to Obtain a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for October 29.
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Judge Kimbler's Criminal Docket for August 9, 2012

August 22, 2012, 3:04 am
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Submitted by Dean Holman
Medina County Prosecutor

The following people appeared in court August 9:

Jessica Ferguson, 21, was sentenced to three years of community control sanctions on two counts of Receiving Stolen Property, Credit Cards, and one count of Receiving Stolen Property, all of which are fifth-degree felonies. She also was ordered to pay $2,255 restitution.

Steven Kochera, 19, of Regal Avenue in Brunswick, was sentenced to three years of community control sanctions on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.

Jeremiah Neal, 22, of Shilling Road in West Salem, was sentenced to two years in prison on one count of Burglary, a second-degree felony.

Brandon Berry, 18, of Brookland Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for October 9.

Joseph Creadon, 29, of Pepperwood Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for October 10.

Charles Desgrange, 30, of Old Mill Road in Spencer, pleaded not guilty to one count of Endangering Children, a third-degree felony. A jury trial is scheduled for October 1.

Dana Edwards Jr., 27, of Cobblefield Drive in Medina, pleaded not guilty to one count of Domestic Violence, a fifth-degree felony. A jury trial is scheduled for October 9.

Lawrence Henderson, 37, of West Liberty Street in Medina, pleaded not guilty to one count of Failure to Register Change of Address, a third-degree felony. A jury trial is scheduled for October 9.

Robin Keith, 26, of West 8th Street in Lorain, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for October 16.

Justin McCormick, 28, of Abbeyville Road in Medina, pleaded guilty to one count of Domestic Violence, a fifth-degree felony. Sentencing is scheduled for September 13.
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Jury Finds Lodi Man Guilty of Drug Trafficking

August 28, 2012, 11:04 am
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Dustin J. Garnett, 23, of Harris Street in Lodi, was found guilty by a jury in Judge Kimbler's court on one count of Drug Trafficking, a second degree felony.  Following the verdict, Judge Kimbler ordered a pre-sentence investigation. He will be sentenced on September 27, 2012.

Garnett was originally charged with two counts of drug trafficking. One count was for drug trafficking in oxycodone and the other was for trafficking in heroin. Prior to the start of the trial, Mr. Garnett changed his plea to the heroin charge, but wanted to go to trial on the oxycodone charge.

His defense was that while he admitted to trafficking in oxycodone, he challenged the indictment's charge that he had sold 49 units of oxycodone. He argued that the forensic scientist for the Ohio Bureau of Criminal Identification and Investigation hadn't tested a large enough sample for the jury to conclude that all of the pills he sold were, in fact, oxycodone.  He also challenged the indictment's claim that he had trafficked in drugs within a 100 feet of a juvenile. Both the amount of the drug and the location of the drug sale are factors that elevate the possible prison sentence that Judge Kimbler could impose.

If his defense had been successful, Judge Kimbler would have had the discretion to imprison him, but, since it was not successful, Judge Kimbler will have to impose a mandatory prison sentence. The sentence could range from two years to eight years.

While the case has been pending, Garnett has been incarcerated in the Medina County Jail since he was not able to make bail. Following the verdict, Judge Kimbler continued his bond and remanded him back to the jail pending sentencing.


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New Civil Cases Assigned to Judge Kimbler's Docket for Week of August 20, 2012

August 28, 2012, 11:25 am
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The following civil cases were filed during the week of August 20, 2012 and assigned to Judge Kimbler's civil docket:

Foreclosure Cases:

Deutsche Bank National Trust v. Connie Lemerise, Case No. 12CIV1208

Deutsche Bank National Trust v. Sheryl L. Laktash, Case No. 12CIV1209

Oxford Heights Condominium Association v. Colette Chicoine, Case No. 12CIV1213

JP Morgan Chase Bank v. Penny Sue Arrowsmith, Case No. 12CIV1218

US Bank v. Micheal S. Settle, Case No. 12CIV1220

Citimortgage Inc. v. Jennifer K. Doyle, Case No. 12CIV1235

Citimortgage Inc. v. Robert J. Biro, Case No. 12CIV1245

Other Civil 

Capital One Bank (USA) v. Cassandra Povrik, Case No. 12CIV1205

State of Ohio Department of Taxation v. Kenneth Bell, Case No. 12CIV1215

Asset Acceptance LLC v. Gloria M. Brinkman, Case No. 12CIV1226

Asset Acceptance LLC v. Susan M. McCune, Case No. 12CIV1227

Fifth Third Bank v. Gene's Refrigeration Heating and Air Conditioning, Inc., 12CIV1229

Fifth Third Bank v. Tolliver Properties, LLC, Case No. 12CIV1231

Fifth Third Bank v. Gene Tolliver, Inc., Case No. 12CIV1232

State of Ohio Department of Taxation v. Precision Equipment, LLC, Case No. 12CIV1236

First Merit Bank v. Rhonda Sue Lambert Williams, Fiduciary, Case No. 12CIV1242

Other Torts

John A. Lopiccolo, Sr. v. State Farm Mutual Automobile Insurance Co., Case No. 12CIV1223

Constance R. Carter v. Progressive Insurance Co., Case No. 12CIV1230

Workers' Compensation

Debra L. Berger v. Lenic, Inc. DBA McDonald's, Case No. 12CIV1216

Roberta Steele v. Aldi Inc. of Ohio, Case No. 12CIV1243






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