WILMINGTON — A local man has received a 30-month prison term in a case where he operated a Wilmington Life Squad vehicle that had transported him to Clinton Memorial Hospital.
Robert E. Wagerman, 46, of Wilmington, was convicted for failing to comply with an order or signal of a police officer — his fourth time to be found guilty of that charge.
Police pursued Wagerman as he drove the public safety vehicle on June 6, 2017 for about seven miles, during which the fully stocked EMS vehicle went off the right side of the road several times and almost tipped over twice, according to a police affidavit.
In sentencing Wagerman, Clinton County Common Pleas Judge John W. “Tim” Rudduck noted the defendant’s criminal record “spans nearly two decades” and includes 17 felonies.
In the incident, Wagerman stopped the EMS vehicle after operating it about 10 minutes, but then reportedly resisted police orders which led them to use a taser gun. After their first use of the taser was ineffective, the second taser use brought him to his knees and he tried to remove the probes, states a court paper.
Before getting sentenced to imprisonment, he was in the Clinton County Jail for 256 days when he was involved in numerous fights along with making threats of violence toward staff, a court document states.
In arguing sentence, prosecution recommended an 18-month prison term and the defense attorney asked for community controls.
Rudduck stated he might consider releasing Wagerman from prison before the 30-month term is completed, but emphasized the defendant’s conduct in prison would be an important consideration.
The judge ordered that Wagerman’s license to drive be suspended for 10 years.
In an unrelated case, Tabitha E. Howard, 22, of Wilmington, received a two-year term of community controls supervision after she was convicted of trafficking heroin and meth. Clinton County Assistant Prosecuting Attorney Katie Wilkin objected to the community controls sentence.
In the sentencing document, Rudduck wrote he believes, as does the pre-sentence investigation officer, that Howard was not the main offender in the case. Another unindicted person appears to be more culpable, the judge stated, but there apparently was a lack of evidence to charge that person.
Rudduck also stated that Howard “is only 22 years of age and has a limited criminal history.”
A six-month jail term will be suspended on March 14 when a bed becomes available for a residency period at the STAR Community Justice Center. Prior to her sentencing hearing, Howard had spent 108 days in the local jail on the case.
If she successfully completes the STAR individualized treatment program, she then will be monitored for possible placement in the recovery housing in Clinton County.
If Howard violates her community control sanctions, she is subject to a 12-month prison term, according to the sentencing document.
Below are other recent sentencings in the common pleas courtroom:
• Jake T. Zurface, 18, of Martinsville, was convicted of attempted abduction. He was placed under community controls for one year, given a suspended six-month jail term (with time credit granted for 119 days served in jail), ordered to have no contact with the victim, and he must pay all court costs and the public defender fee.
• Danielle L. Ferguson, 26, of New Vienna, found guilty of burglary, was sentenced to a 12-month prison term, and was granted time credit toward that term in the Ohio Reformatory for Women for the 145 days she had served in the county jail on the case. The defendant must pay all court costs, plus the public defender fee.
• Charles M.H. Alfrey, 25, of Sidney, Ohio, found guilty on two counts of theft, was placed under community controls for two years, and received a suspended six-month jail term (with time credit granted for 21 days spent in the county jail on the case). Alfrey also was ordered to pay $5,807 restitution to Walmart. And he must pay all court costs, plus the public defender fee.
• Lawrence Duane Baker II, 33, of Clarksville, guilty of tampering with evidence and with aggravated possession of drugs, was sentenced to a nine-month prison term — to be served concurrently with all other prison terms — and he must pay all court costs. He received time credit for one day previously served in custody on the case.
• Kevin D. Korleon Artis, 26, of Dayton, guilty of failing to comply with an order or signal of a police officer, was sentenced to a 12-month term of prison (with time credit for 60 days spent in the county jail). He also had his operator’s license suspended for three years, and he must pay all court costs.
• Douglas Buell, 38, no address listed, was found guilty of receiving stolen property and received a 15-month prison term (with time credit for 89 days served in the county jail). He also must pay all court costs.
• Terry A. King, 35, of Connersville, Tennessee, guilty of aggravated trafficking in drugs, was placed under community controls for five years with the STAR program as a component, sentenced to a six-month jail term (with time credit for 162 days already served in custody), and must pay all court costs plus the public defender fee.
Reach Gary Huffenberger at 937-556-5768.
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