Man who enters Alford plea sentenced

DAVE MOSIER/independent editor

Although questions remain on what he is — or isn’t — guilty of, Eric Lehmkuhle is still going to prison for allegedly having inappropriate sexual relations with a girl under the age of 13.

The Van Wert man was sentenced Wednesday to 48 months in prison on a charge of gross sexual imposition, a third-degree felony, with 458 days credit for time already served while awaiting sentencing.

Lehmkuhle, who has repeatedly said he didn’t have sex with the girl, even took the unusual step of entering an Alford plea in the case. The rarely used plea allows a person to maintain his innocence while still admitting there is sufficient evidence against him for a conviction.

“The Alford plea allows me to maintain my innocence, which is the absolute truth,” Lehmkuhle said prior to sentencing, while also admitting some mistakes in judgment related to the alleged victim. “I should have identified the signs and acted appropriately.”

Prior to sentencing the 31-year-old Lehmkuhle, Judge Charles D. Steele admitted he was troubled by the case.

“I guess this is what happens when you have an Alford plea,” the judge said of Lehmkuhle’s decision to enter the plea to one charge of gross sexual imposition, rather than face life sentences on several rape charges. “An Alford plea allows you the right to say ‘I’m taking the third-degree felony because I can’t pass up such a good deal’.”

But while the evidence is sufficient for a conviction, Judge Steele and the young girl’s own caretaker both indicated reservations about the alleged victim’s veracity in the case.

“It’s clear the victim in this case is a troubled girl,” the judge said, while defense attorney Joe Benavidez said he feels the alleged victim concocted her claims that Lehmkuhle had sex with her to get attention.

The lawyer pointed out the fact that the girl’s caretaker wrote in a letter that the girl seeks attention and doesn’t always understand why she does the things she does as the rationale for his belief his client didn’t have sex with the girl.

As part of his sentence, Lehmkuhle will be placed on five years of post-release control after his release from prison and he was classified as a Tier 2 sexual offender, meaning he will have to report to the sheriff of the county where he lives and works for the next 25 years.

Wednesday was also arraignment day for those indicted by the December session of the Van Wert County Grand Jury. Those arraigned include the following:

William Crutchfield, 40, of Van Wert, was ordered held on a $50,000 cash bond after he entered a not guilty plea to a charge of felonious assault, a second-degree felony offense. A pretrial conference was scheduled for Wednesday, December 19.

Matt Brown, 51, of Van Wert, was also ordered held on a $50,000 cash bond on two counts of possession of drugs, each a felony of the first degree. The indictment also included a specification that Brown used a 2001 Oldsmobile in the commission of one of the offenses. He will also appear for a pretrial conference on December 19.

Joe Quevedo, 48, of Van Wert, was ordered held on a $10,000 cash bond after he pleaded not guilty to a charge of trafficking in drugs, a fifth-degree felony. A pretrial conference was set for December 19.

Betsy Bollenbacher, 39, of Rockford, pleaded not guilty to a charge of grand theft, a fourth-degree felony. She was released on a personal surety bond and will appear for a pretrial conference at 8 a.m. January 2, 2013.

Donald Oday, 36, of Van Wert, entered a not guilty plea to a fifth-degree felony charge of trafficking in marijuana. He was released on a surety bond and a pretrial conference was scheduled for 8 a.m. Wednesday, January 9.

Eva Leiendecker, 26, of Venedocia, pleaded not guilty to two counts of assault, each a felony of the fourth degree, as well as two counts of harassment by an inmate and one count of vandalism, all fifth-degree felonies. She was released on a surety bond and will appear for a pretrial conference at 8 a.m. January 9.

Danielle Johnson, 25, of Van Wert, entered a not guilty plea to a charge of trafficking in heroin, a felony of the fifth degree. She was released on a surety bond and a pretrial conference was scheduled for 8 a.m. January 9.

Kimberly Mileto, 55, of Van Wert, pleaded not guilty to one count of forgery, a fifth-degree felony. She was released on a personal surety bond and a pretrial conference set for 8 a.m. January 9.

Stephanie Farmer, 31, of Van Wert, entered a not guilty plea to a charge of possession of drugs, a felony of the fifth degree. She was released on a surety bond and a pretrial conference scheduled for 8 a.m. January 9.

Brittnie Garwood, 24, of Van Wert, entered a plea of not guilty to two counts of trafficking in drugs, and one count each of possession of heroin, trafficking in heroin and trafficking in a counterfeit controlled substance, all felonies of the fifth degree. She was released on a surety bond and will appear for a pretrial conference at 8 a.m. January 9.

In addition to Lehmkuhle, three others were sentenced in Common Pleas Court on Wednesday. They include:

Steven D. Putt, 43, of Decatur, Ind., who was given two years of community control on a conviction for nonsupport of dependents, a first-degree misdemeanor. As part of his sentence, Putt must be employed by January 13, 2013.

Jordan Black, 24, of Van Wert, was given three years of community control, including up to six months at the Western Ohio Regional Treatment and Habilitation (WORTH) Center in Lima on a charge of possession of drugs, a fifth-degree felony offense.

Zachary Craig, 33, of Van Wert, was placed on three years of community control, including up to six months at the WORTH Center, on a charge of domestic violence, a felony of the fourth degree.

Four people also entered changes of plea during hearings held Wednesday in Common Pleas Court. They include:

Christopher Day, 39, of Van Wert, who changed his plea to guilty to a charge of possession of cocaine, a fifth-degree felony. A count of aggravated possession of drugs was dismissed in exchange for his guilty plea. A presentence investigation was ordered and sentencing scheduled for 9 a.m. Wednesday, February 6, 2013.

James Sylvia, 47, of Van Wert, changed his plea to guilty on a first-degree misdemeanor charge of assault, which was downgraded from a fourth-degree felony as part of a plea negotiation. A second felony count of domestic violence was dismissed. A presentence investigation was ordered and sentencing set for 9 a.m. January 2, 2013.

Ronald Cobb, 22, of Van Wert, changed his plea to guilty to an amended charge of corrupting another with drugs, a fourth-degree felony offense. The charge was reduced from a third-degree felony in exchange for his guilty plea. A presentence investigation was ordered and sentencing will be held at 9 a.m. February 6, 2013.

Scott Spry, 36, no address listed, pleaded guilty to an amended charge of aggravated trafficking in drugs, a felony of the fourth degree, which was downgraded from a third-degree felony in exchange for the guilty plea. An additional trafficking charge and a drug possession count were dismissed in exchange for his plea. A presentence investigation was ordered and sentencing scheduled for 9 a.m. Wednesday, January 16.