GREENVILLE — Darke County Common Pleas Court heard cases involving attempted and aggravated possession of drugs Monday morning. Judge Jonathan P. Hein presided.
Matthew Cain, 33, of Troy, was arraigned on charges of aggravated possession of methamphetamine, a second-degree felony carrying penalties of two to eight years in prison and three years of mandatory post-release supervision. Cain also stands accused of violating the terms of his probation on a second aggravated possession charge, for which he was sentenced May 11.
Probation Officer John Tabler alleged that Cain had failed to complete substance abuse treatment at Darke County Recovery and Wellness, as well as failing to pay restitution for his previous charge. Prosecutor R. Kelly Ormsby recommended the defendant be released on $75,000 bond while Cain asked to be placed on house arrest pending trial.
“I know I’m going to prison on this second charge,” Cain said. “I’d just like an opportunity to spend some time with my kids. I’ve got about a month before they go back to school, and that’s probably right around the time this case is gonna get going.”
Judge Hein entered not guilty pleas on both charges and appointed attorney David Rohrer to represent Cain, setting bond at $50,000. Cain’s next court appearance is a probable cause hearing, to be held Aug. 20.
Mindi Jeffers, of Greenville, pleaded guilty to attempted possession of hashish, a fourth-degree felony, and was ordered to pursue substance abuse treatment at Darke County Recovery and Wellness and perform 50 hours of community service in lieu of conviction on the charge, as well as pay court costs and lab fees and abstain from alcohol and illegal drugs. Under the terms of the ILC agreement, the defendant’s guilty plea will be held, and the charges eventually dismissed, pending successful completion of the court’s terms.
“It’s a two-edged sword … there’s something in it for both sides,” Judge Hein said. “For you, that’s employability: you don’t end up with a felony on your record. For us, you’re able to get a job, pay taxes and hopefully contribute to society instead of taking away.”
Jimmy Keen, 21, of Greenville, also requested intervention in lieu of conviction on charges of aggravated possession of drugs, a fifth-degree felony. The charges stem from a traffic stop that took place in Union City in February of this year.
Judge Hein indicated he was reluctant to grant the request, saying the proper paperwork hadn’t been filled out and that Keen, who is currently serving jail time on another charge, had disciplinary marks on his record. Keen claimed the sanctions stemmed from an altercation with another inmate.
“I don’t know what it’s like to live on the other side of the bars,” Hein said of the defendant’s prison experience. “I don’t know what you have to do to get through it. But generally it’s a good idea not to fight.”
Judge Hein chose to defer any action on the defendant’s request for the time being, setting another hearing for four to six weeks from today.
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