By Meladi Brewer
GREENVILLE — Arcanum man enters no contest plea for failure to notify.
Kris A. Clark, entered a no contest plea to the sole count of failure to notify of a change of address, a felony of the first degree. He faces a maximum of 11 years in prison and up to a $20,000 fine with no mandatory minimum.
The Assistant State Prosecutor Deborah Quigley testified to the court stating the defendant failed to report he was homeless.
“He reported he had a residence in Gordon, but failed to say he was staying at multiple or different locations out of his vehicle,” Quigley said. “The state at this point does not believe that he is amenable to community control sanctions.”
She said there is a presumption of prison, and the state believed it should be imposed. Clark’s defense attorney David Rohrer spoke up and said his client has been in no criminal trouble since being out.
“His is amenable to community control sanctions without additional prison time,” Rohrer said.
Rohrer was verbal about his feelings towards sex offender registration legislation. He believes the harsh punishment is a way to get a life time sentence on a lesser offense.
“If my client goes to prison, I will file for a Judicial Release. I just think that what he (Clark) did should not get him another prison term,” Rohrer said.
After both lawyers had a chance to talk, Clark was able to speak to the courtroom himself stating the bottom line is he is already on parole, has a job, and is enrolled in mental health classes.
“I am trying to keep what is left of my mind,” Clark said.
Judge Hein spoke to Clark and scolded him for the pretrial investigation report against him stating Clark’s parole officer did not give a positive report back on him.
“It wasn’t very positive when you showed up and tested positive for meth. She was not positive about you showing up on your motorcycle without a license, and she isn’t positive about you not completely respecting authority,” Judge Hein said.
Clark told Judge Hein that he does in fact have his license, however, Judge Hein told Clark he only knows what was written in the report, so he does not know if he does have a license or not. He isn’t going to hold the report over Clark’s head, but he is going to take it into consideration during sentencing.
Judge Hein sentenced Clark to five days with five days credit. Clark will be responsible for paying the court costs, and there will be no sanctions put on Clark at this time.
“I am not going to supervise you. Pay the court costs and good luck,” Judge Hein said.
Lyndon B. Loftis, 39, of Arcanum, entered a guilty plea to one count of sexual battery, a felony of the third degree. Sexual battery, under Ohio Law, is when a person engages in sexual conduct with another person (who is not their spouse) when they know the other party is impaired and does not have the ability to properly assess the situation or understand the implications of their actions.
Loftis faces up to five years incarceration and a $10,000 fine, all of which are not mandatory. If Loftis goes to prison, there will be a mandatory five year post release supervision, and if he violated parole, he can face up to 50 percent more prison time. Community supervision for up to five years can also be another possibility, and sex offender registration will be required.
The conduct happened in February through April of this year, and Loftis was released on his own personal recognizance bond. His sentencing date is set for Oct. 24.
Cody J. H. Bailey, 27, of Greenville, entered a guilty plea to count two of resisting arrest, a misdemeanor of the first degree. As part of the plea agreement, count one of obstructing official business was dropped. Bailey faces a maximum of 180 days and a $1,000 fine, all of which are not mandatory. His sentencing date is set for Oct. 3.
Alexander D. Neal, of Greenville, entered a guilty plea to unlawful sexual conduct with a minor or corruption of a minor, a felony of the third degree. The offense occurred on April 2, 2022, and Neal will face a maximum of five years in prison and a $10,000 fine, all of which are not mandatory. There will be a required five years of post release supervision if Neal goes to prison. He will be sentenced on Oct. 20.
Dwight L. Karnehm, 45, of Greenville, entered a guilty plea to count one possession of drugs, a felony of the third degree. As part of the plea agreement, count two possession of a fentanyl-related compound, a felony of the fifth degree, was dismissed. Karnehm faced a maximum of three years in prison and a $10,000 fine, all of which were not mandatory. The state recommended Karnehm be sentenced to one year, and Defense Attorney David Rohrer said he “spoke with his client, and he doesn’t want probation,” so he moved that he would like to join the state on the one year recommendation. Judge Hein accepted the motion, and Karnehm was remanded in custody.
Christopher M. Newberry, 20, of Greenville, was sentenced for criminal trespass, a misdemeanor of the fourth degree. His jail time credit exceeded the maximum requirement by 17 days, so Judge Hein sentenced Newberry to 30 days with 30 days credit. Newberry must also pay court costs, and if he is unable to do so, he is able to complete community service hours to pay the cost. Failure to pay costs will result in a contempt of court.
To contact Daily Advocate Reporter Meladi Brewer, email [email protected]