Defendant gets 180 days in assault case


Unlawful sexual conduct case going to a grand jury

By Sarah Allen - [email protected]



Pictured before Hillsboro Municipal Court Judge David H. McKenna, from left, are assistant prosecutor James Roeder, defense attorney J.D. Wagoner, and Joshua A. Bishop.


Sarah Allen|The Times-Gazette

Two defendants appearing on felony charges Thursday in Hillsboro Municipal Court entered agreements and ultimately pled guilty to misdemeanors.

Joshua A. Bishop, 30, Hillsboro, appeared on first-degree felony aggravated burglary, first-degree misdemeanor violating a protective order, first-degree misdemeanor assault, and second-degree misdemeanor criminal damaging.

He was charged after allegedly breaking into the victim’s home and then later attacking her while she was getting out of her vehicle, according to an affidavit.

Defense attorney J.D. Wagoner told the court that “a lot of time (was) put into this case.”

The felony was amended and reduced to first-degree misdemeanor aggravated trespassing. As per the agreement, Bishop pled guilty to that charge, as well as to assault and criminal damaging. The protective order charge was dismissed.

Wagoner added that the victim was “adamant” about Bishop serving six months in jail.

The state recommended a suspended sentence on the other cases, with the conditions that Bishop: not contest a civil protective order, pay $5,799 in restitution, and obtain counseling at both FRS and the Scioto Paint Valley Mental Health Center.

Assistant prosecutor James Roeder told the court that the victim wanted to speak. She tearfully said that it was “so sad” that a “good person” could get “caught up in drugs and alcohol.”

She told Bishop, “I hope that you complete your treatment, and I hope that it helps you.”

Wagoner then told the court that Bishop “stands before you, humble.” He added that Bishop had no other criminal record.

Bishop said, through clear emotion, “I apologize … It’s very upsetting to me.”

McKenna told him, “You’re very fortunate that this case is staying in this court.”

Bishop was sentenced to 180 days in jail on the aggravated trespassing case. That time began when he was arrested on July 31.

A 180-day jail sentence was suspended on the assault case with the conditions outlined by the state. Bishop was also ordered to have no contact with the victim.

“And don’t you forget for a minute that she is a victim of a crime, your crime,” the judge said.

A 90-day jail sentence was suspended on the criminal damaging case. Bishop was ordered to possess no alcohol. That case was suspended for “as long as I’m allowed,” the judge said, which is five years.

Also entering an agreement was David H. Tolliver, 20, Hillsboro. He pled guilty to first-degree misdemeanor drug abuse, which was amended and reduced from a fifth-degree felony. Tolliver also pled guilty to an accompanying charge of second-degree misdemeanor possession of drug abuse instruments.

The Times-Gazette previously reported that Tolliver and two co-defendants were arrested after drug intel was reported to the Hillsboro Police Department last week.

Tolliver was given credit for 11 days in jail on both of his cases. One-hundred and sixty-nine days were suspended on the first-degree misdemeanor, and 79 days were suspended on the other charge. Tolliver was placed on reporting probation. He must obtain counseling at FRS and stay away from reportedly involved parties. The contraband was forfeited.

Tolliver was released from custody on Thursday.

Also appearing on a felony was Austin Lavan, 20, Hillsboro.

The Times-Gazette previously reported that Lavan was charged with fourth-degree felony unlawful sexual conduct with a minor following an alleged incident at the Hillsboro City Park on Railroad Street last week.

On Thursday, Lavan entered an agreement and waived his case to a grand jury. His bond was reduced to his own recognizance, with electronic monitoring house arrest.

Court records added that Lavan may be released to attend church with an adult family member. He must report to the probation department and is prohibited from having contact with the alleged victim.

Also on Thursday, Christopher Burns, 31, Hillsboro, was sentenced to jail on a probation violation.

He was originally scheduled for a court trial on Thursday, but ultimately entered an agreement. He appeared on a charge of third-degree misdemeanor driving on a suspension.

McKenna said that this charge marked Burns’ third for driving on a suspension, and seventh overall moving violation, within 12 months.

As per the agreement, the charge was reduced to an unclassified misdemeanor. Burns pled guilty and all but $250 of a $1,000 fine was suspended. He must perform 100 hours of community service, with an additional 400 hours suspended. Two points will be added to his driving record. He was released from electronic monitoring house arrest.

This case was also a probation violation of a conviction earlier this year on a different traffic violation. Thirty days in jail were imposed.

Burns can be furloughed on Monday with a negative drug screen. The remaining time is set for November. His probation was extended for an additional year, according to records.

In other cases:

* Brittany Golightly, 21, Wilmington, entered an agreement on second-degree misdemeanor obstructing official business. She pled guilty to an amended and reduced charge of minor misdemeanor disorderly conduct. A $150 fine was suspended. Golightly must perform 30 hours of community service.

* Danielle Johnson, 41, West Union, was arraigned on first-degree misdemeanor driving without consent. A pretrial is set for next month. If Johnson passes a drug screen within 24 hours, she can be released on her own recognizance. If not, her bond will be set at $2,000. While her case is pending, she is to have no contact with the alleged victim.

* Joey Ison, 36, Latham, was arraigned on second-degree misdemeanor attempting to purchase an illegal amount of pseudoephedrine. A pretrial in his case is also set for next month. Ison can be released on his own recognizance if he passes a drug screen. Otherwise, his bond will be set at $1,000. While his case is pending, he is to have no contact with Walmart.

Reach Sarah Allen at 937-393-3456, ext. 1680, or on Twitter @SarahAllenHTG.

Pictured before Hillsboro Municipal Court Judge David H. McKenna, from left, are assistant prosecutor James Roeder, defense attorney J.D. Wagoner, and Joshua A. Bishop.
http://timesgazette.com/wp-content/uploads/2015/08/web1_JoshuaBishop2.jpgPictured before Hillsboro Municipal Court Judge David H. McKenna, from left, are assistant prosecutor James Roeder, defense attorney J.D. Wagoner, and Joshua A. Bishop. Sarah Allen|The Times-Gazette
Unlawful sexual conduct case going to a grand jury

By Sarah Allen

[email protected]

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