GREENVILLE — A struggle over a sawed-off shotgun brought Corey J. Garber, 30, before Darke County Common Pleas Court on Monday. Judge Jonathan P. Hein presided.
According to the police report, an officer was dispatched to the 200 block of Warren Street on reports an individual had been shot on June 10.
It is alleged that Garber and another male had struggled over a weapon when it discharged with the victim transported to Wayne Hospital, then to Miami Valley Hospital.
Darke County Prosecutor Kelly Ormsby stated the weapon, a shotgun with a barrel length of less than 18 inches, caused serious physical harm to the victim.
Garber faced a charge of unlawful possession of a dangerous ordnance, a fifth-degree felony, assault and possessing a defaced firearm, both first-degree misdemeanors. As part of a plea agreement, he gave a plea of no contest to the first and second charges, with the third charge dismissed.
However, after the facts presented by the prosecution and citing enough evidence to establish guilt, Judge Hein entered a guilty verdict to the two first charges.
Sentencing is slated for Jan. 9.
Also in court was Issaiah M. Hudson, 28, of Greenville, for sentencing on a charge of aggravated possession of hydrocodone, a fifth-degree felony.
When Judge Hein asked for his insight, the defendant asked for leniency via community control sanctions, that the possession charge was a mistake, and a recent hospitalization was a wake-up call.
“Easy is not a part of anything,” said Judge Hein, concluding the defendant saw community control sanctions as easy or lenient. He noted Hudson’s prior criminal history that included previous felonies and a prison sentence. “Lenient is not a part of anything; it’s about opportunity and work.”
Hudson was to be sentenced to two weeks of jail time dependent on a drug screening with continued community control sanctions. Failure to comply could result in 11 months in prison with up to three years of post-release control.
Also in Darke County Common Pleas Court were the following:
*Matthew A. Karnehm, 31, of New Weston, for an intervention of lieu of conviction hearing stemming from a charge of aggravated possession of drugs, a fifth-degree felony.
Citing no previous felony convictions, Judge Hein determined the defendant was a good candidate for intervention with 100 hours of community service, to seek and maintain employment, and court costs.
*Matthew D. Stokes, 36, of Dayton, on allegations of non-compliance stemming from an attempted trespass conviction, a fifth-degree felony, in January. He was sentenced to 30 days in the county jail with no further community control sanctions upon release.
*James R. Moland, 45, of Winchester, Ind., for sentencing on two counts of aggravated trafficking in drugs, both fourth-degree felonies. He was sentenced to up to 60 months of community control sanctions, court costs, and ordered to pay $460 in restitution.
*Jonathan E. Mikesell, 53, of Union City, Ohio, for sentencing on one count of aggravated possession of drugs, a fifth-degree felony. He was sentenced to community control, court costs, and to seek and maintain employment.
*Juan Hurtado Gutierrez, 27, of Portland, Ind., was arraigned on possession of fentanyl, a fifth-degree felony. He faces 12 months incarceration and a $2500 fine. He was released on an own recognizance bond with a pre-trial conference slated for Dec. 12.
