Failure to get treatment lands man in jail

65-day sentence set for Hillsboro woman on violation

By Sarah Allen - [email protected]

Richard Owens is pictured with defense attorney J.D. Wagoner in Hillsboro Municipal Court on Friday.

Sarah Allen|The Times-Gazette

A 30-day jail sentence was imposed for a Hillsboro man Friday in Hillsboro Municipal Court after he failed to attend inpatient treatment.

According to court records, all but 30 days of a 180-day jail sentence were suspended for Richard Owens, 48, in May. He was convicted of first-degree misdemeanor operating a vehicle under the influence (OVI). He was also found guilty of fourth-degree misdemeanor improper handling of a firearm at that time.

Records also showed that Owens was convicted of OVI in November of last year.

The 30-day jail sentence from May could have been “cancel(led) out” by time in inpatient treatment, said Hillsboro Municipal Court Judge David H. McKenna on Friday.

Defense attorney J.D. Wagoner told the court that Owens had not attended inpatient treatment due to its cost. He added that Owens has been involved in other counseling. Wagoner also said that Owens has completed ordered community service and has paid his fines and court costs.

Wagoner provided letters concerning Owens’ other treatment. According to the judge, one letter stated that Owens had been attending counseling for eight years.

McKenna referenced Owen’s two OVI convictions within one year, saying that the letter indicated “a revolving door” treatment.

The 30-day jail sentence from May was imposed. Owens can be furloughed to inpatient treatment.

A 60-day probation violation, which was previously scheduled for September, was continued until January.

Also on Friday, a jail sentence was scheduled Brittany Elliott, 22, Hillsboro, on a probation violation.

She entered an agreement on new charges, pleading guilty to second-degree misdemeanor possession of drug abuse instruments and to a minor misdemeanor stop sign violation.

Accompanying charges for possession of a controlled substance and possession of drug paraphernalia were dismissed.

The state recommended a suspended sentence on the condition that she obtain an FRS assessment.

Defense attorney Bill Armintrout said Elliott had been in custody for 15 days. McKenna asked Elliott about her experience in jail. “Are you having fun yet?” he asked.

Elliott said that she was not.

“You certainly work hard enough to spend more than 25 days back there,” he said.

When asked, Elliott said she had children currently in foster care.

“You’d better figure it out, Miss Elliott, before it’s too late for your children,” the judge said.

A 90-day jail sentence was suspended, as was a $750 fine. Elliott was placed on reporting probation. She was ordered to obtain and complete counseling at FRS and to comply with her Children Services case plan. Her license was suspended for six months.

This case was also a probation violation of an underage consumption conviction from last year. As such, a previously suspended 90-day jail sentence was imposed. Elliott was given credit for 25 days. The remaining 65 days are set for January.

She was fined $30 on the stop sign violation, records add.

In other cases:

• A $2,000 bond was set for Dustin Arnett, 19, Washington C.H. He pled not guilty on Friday to charges of first-degree misdemeanor failure to comply with an officer and minor misdemeanors reckless operation and failure to maintain control. If Arnett is found guilty, the judge said, he could be in violation of a suspended sentence from last month. At that time, McKenna added, an OVI was amended and reduced to reckless operation. All but three days of a 30-day jail sentence were suspended. Pretrials on Arnett’s new charges are set for Nov. 13. If Arnett posts his bond, he will be placed on electronic monitoring house arrest. He is ordered to have no contact with a reportedly involved apartment complex. Arnett’s right to drive was suspended “for safety reasons,” the judge said. He added that the allegations against Arnett included “claims there was almost a pedestrian hit.”

• Julia Moats, 21, Lynchburg, pled guilty to first-degree misdemeanor obstructing justice. McKenna said that the charge resulted in the arrest of another person and that his case was later dismissed. He summarized the charge saying, “I’m sure the cops thought it was all sorts of fun. They didn’t have anything better to do than arrest him on your lies.” A 90-day jail sentence was suspended on the condition that Moats complete 100 hours of community service. A $500 fine was suspended.

• Katie Rice, 30, Leesburg, was arraigned on charges of first-degree misdemeanor driving on a suspension as well as a minor misdemeanor child restraint violation. The judge said Rice appeared in the court a few days prior on a different charge for driving on a suspension, leaving the scene of an accident, and improper backing. In reviewing her record, he also said that Rice has a total of eight suspensions on her record. She pled guilty to the child restraint charge. A $150 fine was suspended and she was ordered to complete 30 hours of community service. She pled not guilty to driving on a suspension. A pretrial is set for next month.

• A Dec. 1 jury trial was scheduled for Jillian McCarty, 25, Hillsboro. She faces a charge of first-degree misdemeanor assault.

• Johnny Snyder, 61, Hillsboro, is scheduled for a court trial on Nov. 12. He is charged with first-degree misdemeanor aggravated menacing.

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

Richard Owens is pictured with defense attorney J.D. Wagoner in Hillsboro Municipal Court on Friday. Owens is pictured with defense attorney J.D. Wagoner in Hillsboro Municipal Court on Friday. Sarah Allen|The Times-Gazette
65-day sentence set for Hillsboro woman on violation

By Sarah Allen

[email protected]

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