By Meladi Brewer

DailyAdvocate.com

GREENVILLE — Dalton S. Flatter, 29, of Glen Karn, was sentenced on an ILC (in lieu of conviction) violation for the original charges of possession of drugs, a felony of the fifth degree, and driving under suspension, a misdemeanor of the first degree.

Flatter has a history of violations after being originally charges with an ILC in April of 2020. The probation department advised Flatter had failed to report in July of this year after being arrested in Union City for resisting arrest and failure to report it. Flatter has also failed to complete treatment.

Flatter admitted to all the violations, and State Prosecutor Kelly Ormsby recommended a revocation of the ILC based on the last few years. He said the ILC is not working, and he recommended a 180 sentence with 13 day credit. This would leave Flatter with 67 days left to serve. Ormsby said that would be the end of the matter and would not recommend supervision afterwards.

Defense Attorney David Rohrer asked for the continuance of probation be terminated in light of a pending case in Indiana.

“I have no problem with some additional time in the Darke County Jail,” Rohrer said. “I’m going to argue something I don’t typically argue: Judicial Economy. We get him out of our jail and it’s Indiana’s problem after that.”

Rohrer said by granting Judicial Economy Flatter would be out of probation, out of the jail, and ultimately “out of our hair”. Flatter gave judge Fliehman the run down on all of the charges he has pending in the Indiana system. He said there is one count of resisting arrest.

“I was riding on a motorcycle that I didn’t have the title for yet, and I went on a very low speed chase for a mile to get to private property so they wouldn’t tow it,” Flatter said.

The charge in Indiana is registered as a felony of the sixth degree, and Flatter continued to say he had been out on bond in Indiana when he got incarcerated in Ohio causing him to miss his court date and be issued a warrant for his arrest in Indiana.

Flatter faced a maximum penalty of six to 12 months in prison with two years of post release control. Judge Fliehman also advised Flatter that it appears both council members recommended something significantly less than what is available to the court.

“For that I am appreciative,” Flatter said.

Flatter was sentenced to 150 days with 113 days credit, and he must serve the additional 37 days. There will be no supervision afterword, and Flatter will have to face the Indiana court system following his release date.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].