Already imprisoned, area woman receives consecutive term


By Gary Huffenberger - ghuffenberger@wnewsj.com



Harner

Harner


McHenry


WILMINGTON — Already serving prison sentences for the Common Pleas Courts of Clermont and Warren Counties, a Pleasant Plain woman now will spend added time behind bars after her Clinton County case concluded with a prison term of the consecutive type.

Holly M. McHenry, 35, of Pleasant Plain, was transported from the Ohio Reformatory for Women in Marysville to the Clinton County Common Pleas Courtroom for the sentencing hearing here. Her Clinton County convictions are for trafficking in methamphetamine, as well as for possessing heroin and cocaine, all of which are either fourth- or fifth-degree felonies.

She was sentenced to a six-month prison term that will run consecutively to the other prison terms McHenry is serving currently.

Clinton County Common Pleas Judge John W. “Tim” Rudduck stated in his judgment entry that the defendant has a significant criminal history.

McHenry previously completed a community-based correctional facility program for Hamilton County, named the River City Program, “with apparent little effect on her behavior,” remarked Rudduck.

After stating the defendant had a “longstanding history of substance use,” the judge noted one of the crimes committed in Clinton County is a drug trafficking offense.

At another recent sentencing hearing, a term of community controls was revoked and replaced by time in prison for a Clarksville man.

The original charge against James Lee Harner, 33, of Clarksville, was receiving stolen property which involved a 2007 Ford Ranger truck. After he was found guilty of the offense and was on bond awaiting sentencing, he was charged and then found guilty of misdemeanor failing to comply.

In the theft-related sentencing paperwork, Judge Rudduck stated Harner has a significant misdemeanor history that spans more than a decade, and that the felony conviction was his second felony.

“Historically, it appears nearly all the criminal activity of defendant was triggered by substance use and mental health issues,” wrote the judge. Prosecution in the case indicated it was not opposed to community controls provided that participation at the STAR Community Justice Center is one of the sanctions.

“The court believes defendant not only requires tools to make better decisions …, but [also requires] a renewed commitment to long-term sobriety,” wrote Rudduck.

Harner did successfully complete the STAR programming, but afterward he failed to report to the court’s Supervision Department as ordered. As a consequence, the period of community controls was extended and the defendant was given a second chance to comply. At this point, Harner had served a total of 262 days in custody, 141 of them at STAR.

However, court papers state that the defendant then missed eight calls and two drug tests, and also failed to appear for scheduled appointments and had not contacted the Probation Department. After this second set of community control violations, the judge revoked community controls and ordered Harner to prison.

Time credit was granted toward the 12-month prison term for the 282 days the defendant had already spent in custody.

Brenda Ann Wallen, 53, of Wilmington, was also recently sentenced. As part of a negotiated resolution of the case, she pled guilty to burglary and then was found guilty of the offense.

The case involved the defendant taking household items such as fishing gear, a wire rack and a rug from her ex-boyfriend, according to court papers. The defendant claimed she was going to hold the items as ransom to get belongings back from her former boyfriend.

In the judge’s filed sentencing document, he notes the defendant has a limited misdemeanor history. Rudduck also noted prosecution had agreed community control sanctions are appropriate in the case if completion of the STAR Community Justice Center program is a component.

One of the community control terms is a suspended six-month jail term, with credit granted for 110 days already spent in jail. Wallen faces a possible 12-month prison term if she breaks the rules of community controls.

A court paper states Wallen may be monitored for recovery housing upon a successful completion of the STAR program.

Reach Gary Huffenberger at 937-556-5768.

Harner
https://www.wnewsj.com/wp-content/uploads/sites/22/2019/05/web1_harner_p.jpgHarner

McHenry
https://www.wnewsj.com/wp-content/uploads/sites/22/2019/05/web1_mchenry_p.jpgMcHenry

By Gary Huffenberger

ghuffenberger@wnewsj.com