WILMINGTON — A Martinsville man who wrecked a stolen motorcycle received a 12-month prison term at a hearing in the Clinton County Common Pleas Courtroom.
Cody Lee Butler, 36, of Martinsville and formerly of Hillsboro “has a troubling criminal history,” stated Clinton County Common Pleas Judge John W. “Tim” Rudduck in a written sentencing entry.
That history includes a prison term in Montana, and pending arrest warrants from three separate courts including an active warrant from Montana. The defendant also violated terms of his Clinton County Common Pleas Court bond, stated a court paper.
The 2007 Kawasaki motorcycle was significantly damaged in the wreck, according to a court paper, and Butler is ordered to pay the theft victim $4,200 in restitution.
The judge granted the defendant credit toward the 12-month imprisonment for 68 days he had already served in the county jail on the case. After Butler is released from state prison, the Ohio Adult Parole Authority may supervise him for three years.
At another sentencing hearing in the Clinton County Courthouse, a Wilmington man received a nine-month prison term for grand theft of a firearm.
Tyler J. Burnette, 25, of Wilmington pled guilty to stealing a 9 mm pistol.
In sentencing Burnette to a prison term, Rudduck noted the crime carries a presumption of prison. And according to Rudduck, the defendant had not overcome the presumption.
However, the gun was returned to the owner, and that is a factor in the length of the prison term, the judge stated.
Burnette did not comply with reporting requirements for a STAR Community Justice Center evaluation, nor did he meet with the court’s pre-sentence investigation officer until he was incarcerated, stated a court paper.
The judge said the defendant has a history of crimes of dishonesty, adding that this case was the first felony offense.
But Burnette committed new criminal misdemeanors while on bond in this county.
“While a bed at STAR is available on Dec. 5, the court finds defendant betrayed this court’s trust and is still attempting to manipulate the facts of the case. The court does not trust defendant who minimizes the evidence against him,” Rudduck wrote in the sentencing entry.
There is a $100 restitution to be paid in the case to the victim.
After Burnette is released from prison, the Ohio Adult Parole Authority may supervise him for three years.
Credit for 93 days spent in jail was granted, and the credited time will go toward the nine-month prison term.
In other recent sentencings:
• Clifford William Tyler Morris, 29, of Wilmington, convicted of attempted trespassing of a habitation, was placed on community controls for a two-year period. He received a suspended six-month jail term, and must complete a residency program at STAR Community Justice Center as one requirement of his community controls. He was granted credit for 90 days spent in the Clinton County Jail.
• Travis L. McKinney, 34, of the Sabina area, convicted of failing to appear in court, was placed on community controls for one year. He received a suspended six-month jail term, with credit for 32 days already served.
• Amber D. Curtis, 31, of Blanchester, convicted of breaking and entering,was put on community controls for two years. She received a six-month jail term, and must complete a residency program at STAR Community Justice Center as a requirement of her community controls. She was granted credit for 31 days served in the county jail. She also must pay all court costs.
• Cassondra M. Richardson, 26, of Blanchester, convicted of attempted robbery, was placed on community controls for a two-year term. She received a six-month jail term and must complete a residency program at STAR Community Justice Center as a requirement of her community controls. Time credit was granted for 116 days served in the jail on the case.
Reach Gary Huffenberger at 937-556-5768.
