WILMINGTON — A Martinsville-area man received a 15-month prison term for breaking into an occupied home and for drug theft.
Ryan Michael Hatley, 34, committed the “trespass in a habitation” — which originally was a burglary charge — while under community controls in the theft of drugs (diazepam) case.
In giving Hatley a prison sentence, Clinton County Common Pleas Judge John W. “Tim” Rudduck noted the defendant had served a prior prison term for a Hamilton County burglary.
For the Clinton County crimes, Hatley was asking for a term of community controls that included time in the residential STAR community-based corrections facility.
But Rudduck stated Hatley has proven himself unsuited to local community controls “by repeatedly failing to comply with court orders. He remains a threat to the public to commit future crimes.”
In the trespass case, the homeowner reportedly awoke to find Hatley going through his nightstand located next to his bed. The homeowner asked the suspect what he was doing, and Hatley reportedly replied he broke into the home because he thought the homeowner may be having difficulty breathing.
The homeowner told sheriff’s deputies that Hatley on three prior occasions had entered his home without permission, but also without forcibly breaking into the house as he did this latest time on March 17, 2017. On those prior occasions, the victim thought the suspect was trying to steal his medication.
On March 17, a window in the home was broken and a hollow pipe was recovered from the scene.
A law enforcement affidavit states Hatley admitted to breaking the window and climbing in, finding the homeowner snoring in bed.
Hatley was granted credit for more than 200 days in the Clinton County Jail on the local crimes.
Timothy N. Oppy, 32, of Lucasville, Ohio, was recently ordered to serve a two-year prison term for possessing heroin in Clinton County.
Time credit was granted for 59 days of incarceration on the case.
Rudduck stated that given the amount of the drug possession — at least 10 grams of heroin but less than 50 grams — he would fine Oppy $1,000 even though prosecutors stipulated the defendant is indigent.
The judge said Oppy is an able-bodied young man capable of employment.
The Ohio Adult Parole Authority will supervise the defendant for three years after he is released from prison.
At other recent Clinton County felony sentencings:
• Samantha J. Bobbitt, 21, of Wilmington, pled guilty to aggravated possession of drugs and was granted her request for intervention in lieu of conviction (IILC). She must complete counseling, and pay all court costs plus a $300 supervision fee. If she violates the terms of her IILC, she still can be convicted of the fifth-degree felony charge against her.
• Michael Eugene Reeder, 35, of Sabina, was placed under community controls until December 2018 for forgery. He received a suspended six-month jail term, with credit for four days served.
• David A. Kerns II, 38, of Washington Court House, was put on community controls for a two-year term for possessing cocaine in Clinton County. He received a suspended six-month jail term, with credit for one day served.
• Hayley Danae Nimersheim, 22, of Covington, Kentucky, was ordered to take part in the residential STAR Community Justice Center as part of her term of community controls for twice failing to appear in court as ordered. She received a six-month term of jail, with credit for 58 days she spent in jail.
Reach Gary Huffenberger at 937-556-5768.
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