Plea deal in road damage case


Total of five defendants sentenced to jail

By Sarah Allen - [email protected]



Wyatt Wagner is pictured with defense attorney Bill Armintrout in the Hillsboro Municipal Court on Friday.


Sarah Allen|The Times-Gazette

A Hillsboro man must pay over $2,000 in restitution after entering a plea agreement Friday in Hillsboro Municipal Court.

The Times-Gazette previously reported that Wyatt Wagner, 22, was charged in July following damages to the new Carl Smith Drive area. According to an affidavit, “overnight, an unknown motor vehicle illegally accessed the closed road from SR 73 and crashed in … the ‘roundabout.”

On Friday, Wagner entered an agreement and pled guilty to minor misdemeanor driving on a closed road. A charge of second-degree misdemeanor criminal damages was dismissed on the condition that he pay $2,100 in restitution.

According to defense attorney Bill Armintrout, that amount would be paid Friday. Wagner must also pay a $150 fine.

In other cases, a total of five defendants were sentenced to jail.

Bryan Brunswick, 38, Hillsboro, pled guilty to first-degree misdemeanor driving on a suspension. According to Hillsboro Municipal Court Judge David H. McKenna, Brunswick was previously found guilty of operating a vehicle under the influence (OVI) in 2013.

At that time, a 335-day jail sentence was suspended. The judge said that case was reduced from a felony. Brunswick’s license was suspended for five years.

Court records also show that Brunswick pled no contest and was found guilty of driving on an OVI suspension earlier this year.

The judge added that Brunswick also has a theft conviction from last year. He was previously found guilty of a probation violation on that case and a 60-day jail sentence was set for November.

When asked, Brunswick described his most recent charge as a “lack of judgement.”

A 180-day jail sentence was suspended for five years, as was a $1,000 fine.

Brunswick was also found guilty of a new probation violation, and an additional 60-day jail sentence was ordered.

In all, 120 days in jail were imposed. He can be furloughed on Tuesday. The remaining time is set for November.

Justin Conley, 35, Hillsboro, pled guilty to first-degree misdemeanor theft. When asked, he said he has served a stint in prison. He also told the court that he has a case pending in Kettering on a possession of drug abuse instruments charge, as well as an OVI case pending in Adams County.

“Congratulations,” the judge said. “You’re just going on a real fun tour of all the jails.”

Conley was sentenced to 180 days in jail. He can be furloughed to Adams County or to inpatient treatment, the judge said. Conley was ordered to stay away from Walmart.

David Jones, 30, Hillsboro, pled guilty to theft and to fourth-degree misdemeanor trespassing.

All but 60 days of a 180-day jail sentence were suspended, records show. Jones must pay $100 of a $1,000 fine. He was placed on reporting probation and ordered to have no contact with Walmart and to perform eight hours of community service, according to records.

An additional 30 days were suspended on his trespassing case.

Chaz McKinney, 22, Lynchburg, appeared on a bench warrant that was issued last month after he failed to appear for a review hearing. He was convicted in May of unlawful handling of a firearm while intoxicated, according to records. McKenna said that case had been reduced from a felony.

The judge added that McKinney is also on probation for a criminal damaging conviction. In all, he has 240 days suspended.

On Friday, 90 of those days were imposed. If McKinney pays restitution that was previously ordered, McKenna said, “I’ll consider letting you out of jail early.”

William McClary, 37, Lucasville, entered an agreement and pled guilty to first-degree misdemeanor possessing ginseng during a closed season. A second ginseng-related charge was dismissed.

A 180-day jail sentence was suspended, as was half of a $1,000 fine. He was placed on reporting probation.

This case was also a probation violation of a ginseng-related conviction from last year, the judge said. As such, a 60-day jail sentence was imposed. McClary will be furloughed Tuesday. He must return to court in February.

Also on Friday:

• Joey Fender, 37, Hillsboro, pled guilty to trespassing, records show. In reviewing her record, the judge said Fender has a felony drug conviction in Brown County. On Friday, a 30-day jail sentence was suspended, according to records. She was placed on reporting probation and ordered to stay away from Walmart.

• Cheyanna Davis, 18, Hillsboro, appeared on a charge of theft and entered an agreement. She pled guilty to an amended and reduced charge of fourth-degree misdemeanor unauthorized use of property. A 30-day jail sentence was suspended on the condition that Davis stay away from Walmart and her co-defendants. She must complete a theft class, pay a $250 fine, and perform 80 hours of community service.

• Sarah Backer, 25, Hillsboro, appeared for a deferred sentencing on a charge of OVI. As of Friday, she had completed a three-day driver intervention program. As such, the charge was amended and reduced to fourth-degree misdemeanor reckless operation. Twenty-seven days of a 30-day jail sentence were suspended, with credit given for Backer’s time in the program. She must pay a $250 fine and complete counseling.

• A November court trial was scheduled for Dewayne Whitt, 51, Hillsboro. He is charged with criminal damaging.

• Whitt’s co-defendant, Isaiah Curtis, 34, Wilmington, is scheduled for a court trial in November as well. He also faces a charge of criminal damaging.

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

Wyatt Wagner is pictured with defense attorney Bill Armintrout in the Hillsboro Municipal Court on Friday.
http://timesgazette.com/wp-content/uploads/2015/10/web1_WyattWagner.jpgWyatt Wagner is pictured with defense attorney Bill Armintrout in the Hillsboro Municipal Court on Friday. Sarah Allen|The Times-Gazette
Total of five defendants sentenced to jail

By Sarah Allen

[email protected]

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