Court hears a change of plea, video arraignments


GREENVILLE — Darke County Common Pleas Court heard cases involving aggravated robbery, drug trafficking on Tuesday. Judge Jonathan P. Hein presided.

Phillip E. Fetters, 30, of Greenville, gave a change of plea. He was originally indicted for aggravated burglary, a first-degree felony, and a second charge for assault, a first-degree misdemeanor in March.

Fetters gave a guilty plea in exchange for the second charge being dismissed and the first amended to aggravated assault, a fourth-degree felony. The charge carries penalties up to 18 months in prison, $5000 fine, and probation up to three years after completing the sentence.

Sentencing is slated for August 5.

Dustin R. Byrd, 32, of Dayton, appeared via video from the Darke County jail for an amended indictment on three counts of forgery, all fifth-degree felonies, and one count of grand theft, a fourth-degree felony.

The first three charges carry a maximum penalty of 12 months in prison each and a $2500 fine, the fourth charge 18 months and a $5000 fine.

Byrd is currently on community control sanctions with Montgomery County.

Byrd’s defense attorney, Randall Breaden, requested the OR (own recognizance) bond be continued on the amended indictment which was granted by Judge Hein.

A pretrial conference is scheduled for July 11 with a trial date set for Sept. 10.

Kelly E. Smith Jr., 24, gave an initial court appearance via video from the Darke County jail on allegations of non-compliance.

Smith was originally indicted on two counts of trafficking meth and fentanyl, fourth-degree felonies, and the sale of counterfeit controlled substances, a fifth-degree felony in October. He was released on his own recognizance and under community control sanctions. A non-compliance allegation was filed for failure to comply with treatment and testing positive for THC and meth.

Smith was arrested earlier this month for possession, a fifth-degree felony, which carries a maximum 12 months in prison and $2500 fine.

Bond was set at $15,000 with a preliminary hearing on the new charge set for June 18, and a hearing on the probation violation for July 26.

Shaela N. Thompson, 28, of Union City, gave an initial appearance via video from the Darke County jail on allegations of non-compliance. Thompson was convicted on one count of trafficking in heroin, a fifth-degree felony, and a second count of trafficking, a fourth-degree felony in August 2017.

Thompson, currently under community control sanctions, was testing positive for numerous drugs – THC, meth, and ecstasy. Bond was set at $10,000 with a hearing scheduled for August 5.

Bethany J. Royer-DeLong

Reach reporter Bethany J. Royer-DeLong at 937-548-3330 or email [email protected]. Read more news, features, and sports at

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