Failed drug test gets man 45-day sentence


Man facing felony has 193 days suspended on misdemeanors

By Sarah Allen - [email protected]



Timmy Howard is pictured in the Hillsboro Municipal Court on Friday.


Sarah Allen|The Times-Gazette

Collett


Sarah Allen|The Times-Gazette

A Bainbridge man appearing in the Hillsboro Municipal Court on Friday was sentenced to 45 days in jail on a probation violation.

According to the court, Adam Collett, 23, failed a drug test. He was previously convicted of second-degree misdemeanor possession of drug abuse instruments in August, court records showed.

At that time, a 90-day jail sentence was suspended. Collett was placed on reporting probation. He was ordered to pay a $150 fine and complete counseling.

On Friday, an affidavit was faxed to the court from the probation department, according to records. A 45-day jail sentence was imposed. Collett can be furloughed next Thursday. He must return to court on Nov. 16.

Also on Friday, Timmy Howard, 19, Hillsboro, appeared for a review hearing. When Howard last appeared in court in July, he waived a preliminary hearing on charges of burglary and theft, second and third-degree felonies, respectively. The Times-Gazette previously reported that Howard and a juvenile allegedly went into a Wizard of Oz Way residence and took guns, which they later allegedly hid in a field.

Prior to waiving his preliminary hearing, Howard had been sentenced to 60 days in jail on a probation violation. His bond was also previously set at $25,000 after those 60 days were served. Hillsboro Municipal Court Judge David H. McKenna said Howard has 193 days remaining in suspended jail time.

“So far, suspended sentences haven’t been anything but a waste of paper,” the judge said.

He added that if Howard is convicted, Highland County Common Pleas Judge Rocky Coss will likely order a presentence investigation, which he described as “a court order to check on your background.”

“And probably the most important thing … they’re going to check how well you’ve done on probation,” McKenna said. “How do you think that report’s going to look?”

“Horrible,” Howard said

When asked, Howard said he would report to the probation department. If he is not compliant, McKenna said, “Then Judge Coss will know where to find you.”

Howard was released from jail on Friday. He was ordered to report to the probation department that same day. Howard was given credit for 17 days in jail, records showed.

Steven Keim, 50, Lynchburg, appeared on two different cases, a deferred sentencing on first-degree misdemeanor operating a vehicle under the influence (OVI), as well as a pretrial on first-degree misdemeanor obstructing official business.

As of Friday, Keim met conditions of a previous agreement, in which the obstructing official business charge would be dismissed if he was compliant with counseling connected to his OVI case. He was also previously released from electronic monitoring house arrest. Also per that agreement, the OVI was amended and reduced to third-degree misdemeanor reckless operation.

When asked if he had anything to say, Keim said his counseling recently involved “recount(ing) an act of kindness.” As such, he told the judge that he wanted to thank him for ordering the counseling.

“It has been a blessing to me, and I want you to know that,” Keim said. A 60-day jail sentence was suspended. Keim must pay a $500 fine. He was placed on reporting probation. Keim was also ordered to possess no alcohol and to complete his counseling, records added.

The case was a probation violation of a past conviction for driving without consent. Keim’s probation on that case was extended for another year.

A bond was set for Curtis Ferrell, 30, Greenfield. He appeared for a pretrial on two counts of first-degree misdemeanor theft. As of Friday, Ferrell had not applied for a court-appointed attorney. His case was rescheduled to allow time for that application.

McKenna then said that Ferrell had entered the courtroom with his co-defendant, Kandi Jenkins, 37, Hillsboro, and had then sat beside her. Farrell was previously ordered to have no contact with Jenkins. As such, the judge said the conditions of Farrell’s bond would remain the same, except for “one little change.” His bond, which had been set at his own recognizance (OR), was amended to $1,000.

Jenkins’ case was also continued for her to get a court-appointed attorney.

In other cases:

• Latasha Barker, 28, Hillsboro, entered an agreement. She pled guilty to OVI. Accompanying charges for driving without a license and failure to maintain control were dismissed. Fifty-seven days of a 60-day jail sentence were suspended. Barker will be given credit for her time in a three-day driver intervention program. She must pay a $375 fine.

• Also appearing on an OVI charge was Cinda Stephens, 52, Hillsboro. She entered an agreement, and pled guilty to an amended and reduced charge of fourth-degree misdemeanor reckless operation. A minor misdemeanor for crossing the yellow line was dismissed. The state recommended a suspended sentence on the condition that Stephens obtain an FRS assessment and any recommended counseling. Thirty days in jail were suspended. Stephens must pay a $250 fine.

• Samantha Midlam, 23, Wilmington, also entered an agreement on an OVI charge. She pled guilty, and sentencing was deferred until January to give her time to complete a driver intervention program. If she is compliant, the charge will be amended and reduced to reckless operation. A minor misdemeanor for assured clear distance was dismissed.

• Miranda Smith, 31, Hillsboro, entered an agreement on a charge for possession of drug abuse instruments. She pled guilty, and the state recommended a suspended sentence on the condition that the contraband be forfeited. She must also obtain counseling at FRS. A 90-day jail sentence was suspended, as was a $750 fine. Smith was placed on reporting probation.

• A November jury trial was set for Paul Harlow, 28, Hillsboro. He is charged with theft.

• Matthew Gennaria, 22, Sabina, was scheduled for an October court trial. He is charged with first-degree misdemeanor aggravated menacing.

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

Timmy Howard is pictured in the Hillsboro Municipal Court on Friday.
http://timesgazette.com/wp-content/uploads/2015/09/web1_TimmyHoward.jpgTimmy Howard is pictured in the Hillsboro Municipal Court on Friday. Sarah Allen|The Times-Gazette

Collett
http://timesgazette.com/wp-content/uploads/2015/09/web1_AdamCollett.jpgCollett Sarah Allen|The Times-Gazette
Man facing felony has 193 days suspended on misdemeanors

By Sarah Allen

[email protected]

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