A not guilty plea was entered on the behalf of a Sardinia man who is facing his third charge for operating a vehicle under the influence (OVI) in Hillsboro Municipal Court.
Along with the OVI, Timothy Slack, 30, is also charged with failure to maintain reasonable control, a minor misdemeanor.
Hillsboro Municipal Court Judge David H. McKenna said this new charge may be a probation violation of a reckless operation conviction from last year. That charge, he said, had been reduced and amended from an OVI.
The judge also said Slack had been convicted on another reckless operation charge, which had also been reduced from an OVI, in 2010.
With both cases, Slack had been ordered to complete a driver intervention program, which he had done.
On the 2010 case, a 30-day jail sentence had been suspended. In 2012, 27 days of a 30-day jail sentence was suspended, and Slack was given credit for three days in a driver intervention program.
McKenna said it would be unlikely that a similar plea agreement would be reached on this third OVI charge.
“It looks like this one will probably be treated a little differently,” he said.
Whether or not the charge is reduced, the judge said, may depend on Slack’s enrollment in substance abuse counseling, which he was ordered to do immediately.
While this case is pending, Slack will have to observe an 8 p.m. until 6 a.m. curfew and is prohibited from driving.
Slack’s case was scheduled for a pretrial on Sept. 26.
In other cases, Daniel Zimmerman, 52, of Hillsboro, was arraigned on fourth-degree misdemeanor trespassing.
According to an affidavit filed with the court, Zimmerman allegedly refused to leave a property on West North Street at approximately 1:30 a.m. Friday. The reporting officer observed that Zimmerman “had an odor of an alcoholic beverage coming from his breath,” the affidavit states.
The alleged victim, according to the affidavit, was “armed with an air soft pistol” while telling Zimmerman to leave, and he “still refused” to do so.
On Friday, Zimmerman pled not guilty to trespassing. His case was scheduled for a pretrial on Sept. 15. Zimmerman was released on an own recognizance (OR) bond. He was ordered to have no contact with the alleged victim and observe a 9 p.m. until 6 a.m. curfew.
Also appearing on Friday on an OVI charge was Jurel B Goins III, 22, of Seaman.
On Friday, defense attorney J.D. Wagoner said that the state had failed to provide a urine test. Without that evidence, the state offered a plea agreement, and Goins entered into it.
As per the agreement, the OVI was reduced to fourth-degree misdemeanor reckless operation. The state did not recommend a driver intervention program, but wanted a firearm that had been in the vehicle forfeited. The defense wanted the firearm returned.
When asked why the firearm had been on the dashboard at the time of the incident, Goins said he had been at the shooting range earlier that day.
McKenna said that the gun would be returned to Goins because there was “no apparent criminal activity involved with the gun in this (case).”
A 30-day jail sentence was suspended and Goins was fined $250. He will receive four points on his driving record.
His case is scheduled for a review hearing on Jan. 29.
Michelle C. Mantz, 34, of Hillsboro, also entered into a plea agreement on Friday. Mantz was originally charged with two counts of OVI, a first-degree misdemeanor, as well as driving in marked lanes, a minor misdemeanor.
As per the agreement, one count of OVI was reduced to fourth-degree misdemeanor reckless operation, and the other OVI charge and the minor misdemeanor were dismissed.
Twenty-seven days of a 30-day jail sentence were suspended, and Mantz will be given credit for three days in a driver intervention program. Additionally, she will have to pay a $250 fine and will have four points added to her driving record.
A review hearing on her case was scheduled for Jan. 15.
Sarah Allen may be reached at 937-402-2571 or on Twitter @SarahAllenHTG.