By Meladi Brewer
GREENVILLE — A Greenville man pleaded guilty to one count of assault and was sentenced in Darke County Common Pleas Court on Wednesday. Judge Jonathan P. Hein presided.
Herman E. Linder entered a guilty plea on Wednesday via video conference with First Capital Recovery and Counseling to one count of assault, a felony of the fourth degree.
Defense attorney Alex Pendl spoke up about Linder’s drive for recovery when pleading his client’s case during sentencing.
“He’s taken proactive steps to fix the alcohol issue, and we believe community control, ordering him to continue his treatment would be in the best interest of both Mr. Linder and the State of Ohio,” Pendl said.
Since being charged, Linder has been seeking recovery for his alcohol addiction at First Capitol Recovery and Counseling in Chillicothe, with alcohol abuse being pinpointed as the cause of his aggressiveness. He has been at the recovery center for five months.
“I’ll find that the risk of recidivism is likely not because we want you to re-offend,” Judge Hein said, “but because the sobriety length isn’t long enough yet.”
Linder has been sober since November, and is working to keep that time frame going. Because it has only been a few months instead of a couple of years, Linder’s risk is greater; therefore, he was sentenced to up to 60 months of community control sanctions and two days in jail with two days credited.
“Prison can always be possible later, Mr. Linder,” Hein said. “At the moment it’s not necessary.”
If Linder fails to comply with the orders and regulations put in place, he will be sentenced to 14 months in prison with the option of up to two years. Due to Linder’s location at the recovery center, the court is going to ask Ross County to pick up the case for community control as the court would like him to continue the treatment there.
To contact Daily Advocate Reporter Meladi Brewer, email [email protected]