Convicted of possessing cocaine, Clarksville man gets mandatory prison sentence


By Gary Huffenberger - ghuffenberger@wnewsj.com



Hernandez

Hernandez


Bowser


WILMINGTON — A Clarksville man, guilty of possessing cocaine, received a two-year term of imprisonment.

Gregory M. Bowser, 48, of Clarksville, could not avoid a prison sentence on the second-degree felony conviction. That’s because a prison term is mandatory for the offense.

So the issue was the length of the prison term to be served. The minimum term for the conviction is two years; the maximum term is eight years.

Both defense counsel and prosecution agreed the minimum term is appropriate in this case, stated a court paper.

Clinton County Common Pleas Judge John W. “Tim” Rudduck, in his written judgment entry, noted the defendant had a moderate risk of recidivism, according to an Ohio Risk Assessment Report.

The judge also took note that while Bowser has a misdemeanor history, this conviction is his first felony and he had not served a previous prison term.

Rudduck wrote in the entry he agrees with the assessment of prosecution and defense counsel that two years is appropriate for this case.

A mandatory fine of $7,500 was pronounced against the defendant, too. His motor vehicle operator license is suspended for two years under the drug abuse conviction.

And Bowser forfeited $1,672 seized from him as evidence by the Clinton County Sheriff’s Office, which can use the funds for lawful purposes. The cash was located in a safe along with a bag of marijuana and a jar of marijuana shake, according to a law enforcement affidavit.

The negotiated resolution of the case included prosecution dropping charges that alleged cocaine trafficking, marijuana possession, marijuana trafficking, hashish possession, and hashish trafficking.

In an unrelated case a Wilmington woman saw her term of community controls revoked and replaced by a 17-month prison sentence.

Kandy R. Hernandez, 43, of Wilmington (formerly of the Clarksville area), was convicted in a 2017 case of possessing heroin.

Her non-prison, community control sanctions were revoked when on two separate occasions she refused to enter the STAR Community Justice Center’ rehabilitation program. The second time it happened, which occurred earlier this month, she was at the Clinton County Jail when STAR staff arrived from Franklin Furnace, Ohio to transport her and she refused.

The judge granted Hernandez credit toward the prison term for 130 days she had served in custody.

Rudduck stated he may not object to an early release program by the Ohio Department of Rehabilitation and Corrections (ODRC).

“It appears defendant has mental health issues that should be addressed by ODRC if an early release is granted. If eligible for residency in a halfway house to monitor defendant, the court believes it appropriate,” the judge wrote in his entry filed with the clerk.

In addition to not complying with court orders to take part in STAR programming, the defendant also violated community controls when she admitted to using heroin in early February 2019 after being called in to Adult Probation through the I-Samson Drug Testing System.

Back in February 2019, Hernandez also had not completed assessments as directed.

The original incident leading to the case against her occurred in August 2017 during a traffic stop in Clinton County. The defendant was placed into investigative custody at the time, and she advised officers she had a baggie of heroin, containing 38 capsules, hidden inside her bra.

Reach Gary Huffenberger at 937-556-5768.

Hernandez
https://www.wnewsj.com/wp-content/uploads/sites/22/2019/04/web1_hernandez_p.jpgHernandez

Bowser
https://www.wnewsj.com/wp-content/uploads/sites/22/2019/04/web1_bowser_p.jpgBowser

By Gary Huffenberger

ghuffenberger@wnewsj.com