‘Broken promises’ land man in jail

Additional 15-day sentence set for November

By Sarah Allen - [email protected]

James Barber is pictured before Hillsboro Municipal Court Judge David H. McKenna on Friday.

Sarah Allen|The Times-Gazette

A Greenfield man appearing on a bench warrant that was issued over a year ago was sentenced to jail in the Hillsboro Municipal Court on Friday.

James Barber, 43, was previously convicted of fourth-degree misdemeanor possession of drug paraphernalia, according to Hillsboro Municipal Court Judge David H. McKenna.

At that time, a 30-day jail sentence was suspended, as was a $250 fine. Barber was ordered to get an assessment and any recommended counseling at FRS. His license was suspended for six months.

Barber was later found guilty of a probation violation for not paying court costs and not obtaining counseling, McKenna said Friday. He was scheduled to serve 15 days in January 2014, but his case was continued after he began counseling at FRS.

The judge said that Barber later stopped showing up to counseling, flunked a drug screen, and then failed to appear in court. A warrant was issued for his arrest last June.

The judge asked Barber on Friday why he had not shown up to court.

“I’ve been kind of scared to come back here,” Barber said. He added that he wanted to finish his FRS counseling.

When asked, Barber told the court that he was driving when he was arrested and that he does not have a license.

The remaining time on his 15-day probation violation began when Barber was arrested on Thursday.

He was also found guilty of another probation violation “because you didn’t do anything again, plus you didn’t come back to court,” the judge said.

An additional 15 days are set for November.

Barber then asked the judge for another opportunity to be compliant with the conditions set in 2013. “If I can get one more chance,” he told the judge.

“That’s what you’re getting,” McKenna said, adding that Barker can return to counseling when he is released from jail. Until then, Barber will be serving 11 days on his “broken promises,” the judge said.

Also on Friday, Amy Toner, 36, Hillsboro, pled guilty to first-degree misdemeanor theft. An affidavit filed with the court stated that Toner was charged after the Hillsboro Police Department received a report of employee theft from Rite Aid.

According to the affidavit, Toner “voided transaction(s) from the register and (kept) the money,” between June 21 and Aug. 16. The total amount reported taken was $263.60, the affidavit added.

She told the court on Friday “I’m guilty. I know what I did was wrong. I’m ashamed and embarrassed.”

The judge asked her why she had committed the offense.

“Honestly, I needed the money,” she said.

McKenna told her, “I kind of find it amusing that someone who just pled guilty to stealing from their employer … used the word ‘honestly.’”

He added that the reported thefts “happened over and over again.”

In reviewing her record, the judge said Toner has over $600 “on the books here” that had been sent to a collections agency. He cited a total of three past cases, one in the 1990s and two from the early 2000s.

“You stayed away from here for a long time, but you never took care of the old business,” McKenna said.

“I’m not going to make any excuses,” Toner said.

“I’m not going to buy any at this point,” the judge told her.

A 90-day jail sentence and a $1,000 fine were suspended. Toner was placed on reporting probation. She must stay away from Rite Aid, perform 50 hours of community service, pay restitution, and complete a theft class.

Finally, Josh Conn, 37, Xenia, entered an agreement, pleading guilty to operating a watercraft while under the influence, a first-degree misdemeanor. Accompanying minor misdemeanors were dismissed.

Defense attorney J.D. Wagoner said the incident had involved a water ski and occurred over the Fourth of July weekend. “(Conn) understands the error of his ways,” Wagoner added.

Conn told the court, “I made a mistake, and I’m sorry.”

Eighty-seven days of a 90-day jail sentence were suspended. Conn will be given credit for the time he spends in a three-day driver intervention program. He must pay a $500 fine.

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

James Barber is pictured before Hillsboro Municipal Court Judge David H. McKenna on Friday.
http://timesgazette.com/wp-content/uploads/2015/08/web1_JamesBarber.jpgJames Barber is pictured before Hillsboro Municipal Court Judge David H. McKenna on Friday. Sarah Allen|The Times-Gazette
Additional 15-day sentence set for November

By Sarah Allen

[email protected]

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