GREENVILLE – Nisa A. Bryant, 26, was sentenced to jail Monday in the Darke County Common Pleas Court.
Bryant, of Indiana, pled guilty to one of three counts, a fifth-degree felony charge of Assault on a Corrections Officer. She was originally indicted for Assault on a Peace Officer, fourth – degree felony, Assault on a Corrections Officer, fifth-degree felony and Harassment with Bodily Substances, a fifth-degree felony. She was represented in court by Defense Attorney Randall E. Breaden.
According to Darke County Prosecuting Attorney R. Kelly Ormsby, Bryant has some prior problems with law enforcement.
“One I assume is pretty similar to one that happened here in Ohio, was a battery on a public official in Indiana,” he said. “I don’t know why she seems to have issues with law enforcement officers.”
The state did not recommend prison, but Ormsby said her behavior can not be condoned. He recommended adding more local time on top of Bryant’s time served. In addition, he recommended Bryant be required to serve more local sanctions, as well as paying costs and any other conditions that the court feels appropriate.
According to Breaden, Bryant was on probation in Indiana, and as a result of the battery of a police officer, her probation was revoked.
“This particular offense was a result of a heated situation of which the officers intervened,” he said. “She was fighting with a friend and basically, a lot of what was going on had to do with her emotional state. She had been drinking prior to that. Considering that amount of incarceration at this point and time, we would argue that Community Control Sanction is appropriate in this case.”
Breaden recommended no additional jail time, based on the amount of time spent, and counseling and anger-management classes.
“As long as she stays sober, she is fine,” he said. “That has been the problem all along.”
Common Pleas Court Judge Jonathan Hein said Bryant’s substance abuse history indicates that she often drank a fifth of booze a night.
“Do you know what is going on in your head?” he asked. “Most people can’t or don’t want to drink a fifth of booze when they drink. Do you know why? “
“I suppose it was just where my mind wanted to turn,” Bryant said. “I had split up with my son’s father and I wasn’t seeing my kids as much as I wanted – I was just lonely.”
Judge Hein said Bryant’s risk of recidivism is likely, due to her substance abuse and prior criminal history.
“You haven’t figured out to stop the cycle of boozing it,” he said. “If there is anything good at all, it is that you are not hooked on heroin, like everybody else in the world that comes through and sits in that chair. You have to get points for that somehow. You don’t stick a needle in your arm. Don’t do that.”
Judge Hein placed Bryant under Community Control Sanctions, where she was placed on supervision for up to 60 months. In addition, she will spend 45 days in jail, with 29 days credit, leaving 16 days to serve. She was ordered 75 community service hours, to report under intensive supervision to her adult probation officer, pay court costs and seek and maintain employment.
“You living off of everybody else and not trying for employment, drives me a little bit to the short side of things,” Hein said. “There is no reason you are not gainfully employed.”