Two men who colletively owe more than $57,000 are heading to prison for not paying child support.
William Kelch, 35, of Middletown, was sentenced in Highland County Common Pleas Court on Wednesday to 11 months in prison on each of two charges of fifth-degree felony nonsupport. The prison terms are to run consecutively. Kelch is also to pay nearly $23,000 in back child support.
According to judge Rocky Coss, the charges were Kelch’s 13th and 14th felony convictions.
Coss said that he has previously given defendants with prior felony convictions, who are charged with nonsupport, community control when they have showed that they are trying to meet their financial obligations to their children. The judge said Kelch was not doing that.
He said where Kelch failed was that he had not made any sort of payment on his child support since April 2013, and that he had not notified the child support agency of his employment so that arrangements to make payments could be made.
“The taxpayers are taking care of your children. You are not,” Coss said. “You have totally disregarded, for quite some time, you’re obligation to your children.”
In another nonsupport case, 36-year-old Charles Kersey’s failures were also noted by the judge, and included his failing to appear for a hearing last December and failing to report as he was ordered to the probation department once he was released from jail after a September arrest.
“It’s pretty clear to me that you don’t pay much attention to what I say. That’s your right,” Coss said. And for “exercising that right,” the judge said he was not bound by HB 86. That legislation dictates that a first-time, low-level felony offender must be sentenced to probation if that defendant has not violated any orders of the court.
The Cincinnati man, who owes nearly $35,000 in back child support, was sentenced to 10 months in prison for fifth-degree felony nonsupport.
In another hearing, a 20-year-old Greenfield man was ordered to spend three days in jail after a show of what the judge saw as disrespectful behavior.
Andrew Phillip Ward was sentenced to community control and ordered to successfully complete treatment for a fifth-degree felony heroin possession charge.
But as the hearing progressed, Coss noted that while Ward was being verbally respectful, his demeanor and attitude spoke otherwise. The judge said the defendant was slouching and seemed to be bored. And after a few yawns from the defendant, Coss said, “That last yawn was too much,” and ordered Ward to be taken into custody and to spend the next three days in the county jail.
The judge told him that his show of verbal respect didn’t mean much without him respecting the situation he was in, being charged with a felony.
Also sentenced to prison was Donald Dale Gadberry, 43, Hillsboro.
Gadberry pled guilty to failing to register a change of address as a registered sex offender, a third-degree felony. As he has a previous conviction, the law requires that he must serve a three-year term of prison for the offense.
While Coss called it an “unusual provision of the law,” the law was nonetheless followed, and Gadberry was sentenced to three years of mandatory prison time.
Dakota N. Miller, 24, Greenfield, pled guilty to a third-degree felony illegal assembly charge and got another year tacked onto her current prison sentence.
On the same charge Dakota Miller, in another case, was sentenced to 24 months in prison in October 2013, and in May 2014 was granted judicial release to the STAR program. In June of this year her community control was revoked and she was ordered to serve the remainder of the 2013 sentence.
Desiree M. Miller, 35, Greenfield, was sentenced to community control and to successfully complete treatment. She was convicted of marijuana trafficking after being terminated from intervention in lieu of conviction in August after she admitted to violating the terms of the program.
Dustin Selby, 25, Greenfield, and co-defendant Kristin Shay Price, 24, Frankfort, were each sentenced to community control and ordered to complete treatment programs in which they are currently enrolled.
They each pled guilty to third-degree felony burglary in August, a charge reduced from a second-degree felony.
Prosecutor Anneka Collins said the victim was a relative and recognized that a drug problem was what fueled the offense. She said he requested that the pair be allowed by the court to be ordered to successfully complete treatment instead of going to prison.
The court, Coss said to each of the defendants, “takes home invasions very seriously.” He said they were “very fortunate” that the victim wanted them to go to treatment; otherwise, they would be heading to prison.
Alice Belle Kinney, 67, Hillsboro, was sentenced to community control for fourth-degree felony aggravated trafficking in drugs, a charge she pled no contest to in August.
James Perkins, 19, Hillsboro, pled guilty to fourth-degree felony domestic violence. He is to be sentenced in November.
Reach Angela Shepherd at 937-393-3456, ext. 1681, or on Twitter @wordyshepherd.