Martinsville man sees his 24-month prison term re-imposed


By Gary Huffenberger - ghuffenberger@wnewsj.com



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Harris


WILMINGTON — A Martinsville man must resume serving a 24-month prison term after he broke community control rules three separate times since April.

John M. Harris II, 43, failed to report to his supervision officer, missed a dozen calls for drug testing, did not complete an alcohol/drug assessment and mental health assessment, tested positive for alcohol, and then in July was found guilty of possessing a drug abuse instrument and obstructing official business.

On June 22, he was a passenger in a truck that was stopped by the Oho State Highway Patrol (OSHP) for a license plate violation. After the OSHP trooper obtained identification from both people in the truck, Harris ran from the truck to a line of trees when the trooper went to her cruiser.

On July 7, the defendant again was a passenger in a vehicle stopped by the same trooper. Harris was arrested on a court order, and when he was searched a syringe was found in his right pants pocket. According to the trooper’s statement, Harris admitted the syringe was his and that it had contained meth earlier.

In re-imposing a 24-month prison term, Clinton County Common Pleas Judge John W. “Tim” Rudduck stated that although Harris was assessed to be suited for the STAR Relapse program, “Simply put, the court [judge] cannot trust defendant to comply with local supervision.”

Harris was granted a judicial release from prison in November 2017 when he was placed on community controls. He then completed a residential program at the STAR Community Justice Center.

But at the recent sentencing hearing, Rudduck revoked Harris’ community controls. The judge granted the defendant credit toward the prison term for serving 465 days in incarceration on the original case in which he had been convicted of illegal assembly or possession of chemicals to make drugs.

In other recent sentencings:

• Kent S. Jenkins, 46 of Xenia, convicted of three counts of nonsupport and two counts of failing to show up in court as required, received a total 24-month prison term. He also must pay court costs and a pubic defender fee. He was granted credit for 51 days served in jail in a 2016 case, and credit for 45 days served in a 2017 case.

• Lacy Earley, 29 of Sabina, convicted of theft and attempted trespassing in a habitation, was given a suspended six-month jail term and put on community controls for a two-year period. The defendant also was ordered to pay $483 restitution to the victim and pay all court costs. Credit was granted for three days spent in the county jail.

• Kasie M. Kirby, 29 of Wilmington, convicted of theft, received a six-month suspended jail term and placed on community controls for two years. The defendant must pay all court costs and the public defender fee. Kirby was granted credit for 34 days served in jail.

• Andrew James Calhoun, 35 of Wilmington, originally convicted of aggravated possession of drugs, had his community controls revoked and received a nine-month term of incarceration. He was granted credit for 246 days already served on the case. The balance of his prison term will be served locally.

• Charles A. Brooks, 38 of Bellbrook, convicted of improper handling of a firearm, received a six-month suspended jail term and was placed on community controls for two years. He also must pay a $500 fine, all court costs and a public defender fee. The defendant was granted credit for 13 days he served in jail on the case.

• Brent C. Kiphart, 44 of Wilmington, convicted of theft, was placed on community controls for two years and will take part in the U-Turn Drug Recovery Docket. He also must pay all court costs and the public defender fee.

• Bruce D. McLaughlin, 50 of Wilmington, convicted of possessing heroin and cocaine, was given a six-month term of incarceration, with credit for already serving 86 days incarcerated on the case. His incarceration will be served locally.

Reach Gary Huffenberger at 938-556-5768.

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By Gary Huffenberger

ghuffenberger@wnewsj.com