GREENVILLE — Two men heard their sentences Friday in Darke County Common Pleas Court.
Brian Noggler, 44, of Celina, pleaded guilty to one count of attempted Domestic Violence, a fifth-degree felony. He was originally charged with a third-degree felony count before the plea. Noggler was accused of getting drunk and fighting with his girlfriend’s 17-year-old daughter.
Common Pleas Court Judge Jonathan Hein said Noggler might have the longest history of disorderly conduct he’d seen in the past decade.
Assistant Prosecutor James Bennett asked the court to impose a jail sentence of 30 days in jail, a $500 fine, 60 months of community control, and treatment for substance abuse.
Joe Latas, Noggler’s defense attorney, told the court his client was on an “upward trajectory” and asked the court to impose a lesser jail sentence in order for Noggler to keep his job.
Judge Hein sentenced Noggler to 22 days in jail with two days credited for time served (20 days) and 75 hours of community service in addition to a $500 fine, treatment, and community control. He is eligible for work release during his jail time. If he fails to comply with the terms of the sentence, he faces 8 months in jail.
Also sentenced was Fonzie Jones, 36, of Union City, Ohio. He pleaded guilty to a fifth-degree felony charge of Receiving Stolen Property. He was accused of being involved in a theft of aluminum casting parts at a Union City business. He was arrested by Darke County Sheriff’s deputies following a drug overdose. Jones was represented in court by Joe Latas.
Jones entered the court facing an Endangering Children charge in Darke County Municipal Court in relation to his overdose. He is already on community control in Montgomery County for heroin possession. He had prior criminal charges in Miami County and Randolph County, Indiana.
Assistant Prosecutor Deborah Quigley said the prosecution would defer its sentencing recommendation to the court. Defense attorney Latas asked for his client to receive credit for time served.
Judge Hein, noting Jones’ ongoing drug problem and criminal history, said he did not give credence to the defendant’s words, but actions.
“Words don’t mean a lot. What’s it going to take for you to do what you’re supposed to do?” he asked.
“I’ve messed up and did this,” said Jones. “I’ve made up my mind, I don’t want that life.”
“The only actions you’ve taken so far are sticking drugs in your body,” said Hein.
Hein sentenced Jones to 40 days in jail with 40 days credited. He must pay court costs, serve 75 hours of community service, pay $165.23 in restitution for the stolen items, and get substance abuse treatment. Failure to comply with terms could mean an 11-month jail sentence.