By Meladi Brewer
GREENVILLE — A Palestine man entered a no-contest plea to one count of rape, a felony of the first degree and one county of pandering obscenity involving a minor, a felony of the second degree Wednesday in the Darke County Common Pleas Court. Judge Jonathan P. Hein presided.
Byron Elliott, 34, who was being held in jail on a $100,000 bond, was originally in jail for a seven-count indictment. As part of the plea agreement, counts three through seven were dismissed. The state and defense both agreed consecutive prison terms for the offenses were necessary to protect the public from future crimes.
Elliott committed the offense in October of last year. His no-contest plea is not an admission of guilt, as it is only a statement the defense will not contest the facts presented to the court. The plea will allow Elliott to ask for an appellate review of the suppression decision.
Judge Hein sentenced Elliot to 10 years in the Ohio Department of Rehabilitation and Corrections for count one of rape and 5 years in the ODRC on count two. Both sentences are to be served consecutively for a total of 15 years incarceration. He will be required to complete a mandatory five year post-release supervision sentence, and Elliott could earn up to seven and a half more years incarceration for violations. Elliott will also be required to register as a Tier three sex offender for the rest of his life.
In other court cases:
Christopher M. Newberry, 20, of Greenville entered a not-guilty plea Wednesday to burglary trespass in an occupied structure, a felony of the fourth degree. If found guilty, he will face a maximum of 18 months incarceration and a $5,000 fine, all of which are not mandatory. Newberry is currently in custody with a $10,000 bond. His next court appearance is set for July 14.
Daniel Campbell, 38, of Greenville, entered a not-guilty plea to a three count indictment Wednesday. Count one was violating a protection order, a felony of the fifth degree, count two was violating a protection order, a felony of the third degree, and county three was menacing by stalking, a felony of the fourth degree.
If found guilty, Campbell faces up to 12 months and a $2,500 fine on count one, three years and a $10,000 fine on count two, and 18 months and a $5,000 fine on count three. The combined total is a maximum of five and a half years incarceration and a $17,500 fine, all of which are not mandatory.
Campbell is currently incarcerated on a $25,000 bond, and he will next appear in court July 14.
Joseph M. Cheadle Jr., 37, of Greenville, entered a guilty plea Thursday to the amended charge of attempted aggravated assault, a felony of the fifth degree. Originally, Cheadle faced a two-count indictment with count one being felonious assault, a felony of the second degree, and count two being aggravated assault, a felony of the fourth degree.
Cheadle was sentenced a $250 fine, $15 restitution, and ordered to have no contact with the victim. He must also complete up to 60 months of community control sanctions. Count one was dismissed.
Danial L. Bullock, 41, of Union City, Ind., entered guilty pleas to three cases Thursday. He entered a guilty plea to one count of theft and grand theft of a motor vehicle, a felony of the fifth degree, the amended charge of attempted failure to comply with the order or signal of a police officer, a felony of the fourth degree, and the amended charge of possession of drugs, a misdemeanor of the second degree.
He was sentenced to 101 days with 101 days credit on the attempted failure to comply and grand theft charges. Bullock also received a mandatory minimum two years prison sentence for the possession charges with a $7,500 mandatory fine. He will also be required to complete mandatory post-release supervision for 18 months up to three years. His sentence will be served concurrent to his Indiana sentence.
To contact Daily Advocate Reporter Meladi Brewer, email [email protected]