VW man convicted of sex-related count

DAVE MOSIER/independent editor

A Van Wert man accused of a number of sex-related charges entered an unusual plea during a hearing held Wednesday in Van Wert County Common Pleas Court, but was still found guilty of the one charge remaining against him.

Erik Lehmkuhle, 31, entered an Alford plea to a charge of gross sexual imposition, a third-degree felony offense, during a hearing Wednesday morning. An Alford plea, named for Henry Alford, a North Carolina man who first entered it, allows defendants to plead guilty to an offense while still maintaining their innocence. The plea is basically an admission that there is sufficient evidence to convince a judge or jury of a defendant’s guilty beyond a reasonable doubt, but not a technical admission of guilt to an offense.

Lehmkuhle entered the plea as part of a negotiation with the Van Wert County Prosecutor’s Office that led to dismissal of five other charges against him, including first-degree felony rape charges.

Judge Charles D. Steele found the defendant guilty of the gross sexual imposition charge and ordered a presentence investigation prior to sentencing, which was scheduled for 9 a.m. Wednesday, December 12.

Also Wednesday, one person was sentenced and four others changed their pleas from not guilty to guilty.

Shay Ringwald, 23, of Middle Point, received three years of community control on four felony heroin possession charges. He must also undergo a substance abuse assessment and treatment and his driver’s license was suspended for six months.

A Van Wert woman was also scheduled for sentencing, but her case was continued until November 7 to gather more information.

Daniel Fetters, 37, of Rockford, changed his plea to guilty to a charge of possession of drugs, a felony of the fourth degree. He then requested, and was granted, treatment in lieu of conviction. His case was stayed pending completion of a substance abuse treatment program.

Jason Vanover, 32, of Van Wert, changed his plea to guilty on one count each of possession of drug, and trafficking in drugs, both fifth-degree felony offenses. Five other charges were dismissed in exchange for his guilty plea. A pre-sentence investigation was ordered and sentencing scheduled for 9 a.m. December 12.

Jason Pescosolido, 27, of Van Wert, pleaded guilty to a charge of violation of a civil protection order, a felony of the fifth degree. A presentence investigation was ordered and sentencing set for 9 a.m. November 17.

Rachel Clark, 27, of Ohio City, entered a guilty plea to a charge of theft, a first-degree misdemeanor. The count was reduced from a fifth-degree felony, while a second charge of identity fraud was dismissed in exchange for her guilty plea. A presentence investigation was ordered and sentencing scheduled for 9 a.m. Wednesday, November 21.

One arraignment hearing was also held Wednesday in Common Pleas Court. Paul Kay, 46, of Cincinnati, entered a plea of not guilty to a charge of theft, a felony of the fifth degree. He was released on a personal surety bond and a pretrial conference was scheduled for 8 a.m. Wednesday, November 7.

One person also appeared for a bond violation hearing. Kenneth Myers III, 20, of Van Wert, admitted testing positive for dugs earlier this month. He was released on a personal surety bond and a sentencing hearing will be set at a later date.