Home-invasion robber out of prison

DAVE MOSIER/independent editor

A man who assaulted a Wren resident during a home-invasion robbery was granted an early release from prison during a hearing held Wednesday in Van Wert County Common Pleas Court.

Eric Zinsmaster, 35, will have to serve up to six months in the Western Ohio Regional Treatment and Habilitation (WORTH) Center in Lima as part of a five-year term of post-release control, after Judge Charles D. Steele granted his request for judicial release. He had served four years of a six-year prison term handed down in connection with the case.

Zinsmaster, Elizabeth Ann Wyatt and Ricky Lynn Fisher were all involved in a home-invasion robbery at the resident of Wren resident Robert Patton in December 2007. According to court documents, Wyatt got Patton to open the door of his home and the two men then pushed their way into the house. Zinsmaster started beating the elderly Patton while the other two ransacked the resident for valuables, taking items worth approximately $1,700 from the home.

Patton was hospitalized for injuries received from Zinsmaster’s assault on him. Zinsmaster fled the area and was later apprehended in Oklahoma and returned to face charges related to the incident.

Also released early from prison was Cyle Black, 25, of Van Wert, who must also spend up to six months in the WORTH Center as part of a three-year term of post-release control.

Black had pleaded guilty to a pair of drug trafficking charges and was originally sentenced to nine months in prison.

Meanwhile, a former Delphos businessman earned a new sentence on Wednesday in Van Wert County Common Pleas Court.

Robert Fishbein, 49, of Lima, pleaded guilty to violating a civil protection order and was sentenced immediately to 180 days in jail, to run concurrently with a three-year prison sentence he is already serving on charges of intimidating a witness and telephone harassment. All of the charges stem from incidents related to a former woman employee of I & K Distributing in Delphos, a company that Fishbein formerly headed.

The incidents resulted in Fishbein being fired as CEO of the company, which was later sold.

Also Wednesday, Antrae Pinn, 27, of Lima, was sentenced to 12 months in prison on a charge of having weapons while under disability. Judge Steele also granted Pinn credit for 27 days already served while awaiting sentencing.

Two others received community control sentences on Wednesday in Common Pleas Court.

Michel Speakman, 20, of Van Wert, was given three years of community control, including 30 days of electronically monitored house arrest, on a felony theft charge. Speakman also must pay $80 in restitution to the victim.

Emily Lacy, 19, of Van Wert, was also given three years of community control on two counts of trafficking in drugs, one a fourth-degree felony and the other a felony of the fifth degree. She must either spend 30 days in jail or 30 days on electronically monitored house arrest and had her driver’s license suspended for six months.

Ryan Schaadt, 27, of Van Wert, admitted to violating his community control by having drugs in his possession and failing to complete a substance abuse treatment program conducted by The Salvation Army. He was resentenced to three years of community control, with the added condition that he spend up to six months in the WORTH Center.

Several people also entered plea changes during hearings held Wednesday morning.

David Detrick, 33, of Dayton, entered a guilty plea to a felony theft charge. Judge Steele ordered a presentence investigation and scheduled sentencing for Wednesday, September 4.

McCauley Potts Swann, 20, of Defiance, pleaded guilty to a charge of vandalism, a fifth-degree felony, for damaging a Van Wert Police Department cruiser. Swann, who was granted a request for treatment in lieu of conviction, must also pay $225 in restitution to the police department for the vandalism.

Brandon Baldwin, 19, of Van Wert, entered a guilty plea to a charge of aggravated possession of drugs, a fifth-degree felony. Judge Steele also granted his request for treatment in lieu of conviction, while the defendant agreed to forfeit $690 in cash that was recovered during his arrest.

Joshua Burnett, 34, of Van Wert, pleaded guilty to an amended charge of assault, a first-degree misdemeanor. Burnett was originally charged with felonious assault, a felony of the second degree, and domestic violence, a first-degree misdemeanor, but the assault charge was downgraded and the domestic violence count dismissed in exchange for his guilty plea.

A presentence investigation was ordered and sentencing set for Wednesday, August 8.

Four people also entered pleas during arraignment hearings held Wednesday.

A Coldwater couple charged with drug trafficking both pleaded not guilty to related charges in Common Pleas Court.

Janice Fetters, 39, and Daniel Fetters, 37, both entered not guilty pleas to a charge of possession of heroin, a felony of the fourth degree.

Both were released on personal surety bonds. Janice Fetters will appear for a pretrial conference on August 1, while her husband’s pretrial conference was set for August 8.

Kristin Wilkin, 36, of Decatur, Ind., entered a not guilty plea to a charge of possession of drugs, a fifth-degree felony. She was released on a personal surety bond and a pretrial conference set for August 8.

Kari Johnson, 29, of Ottawa, pleaded not guilty to a charge of theft of drugs, a fourth-degree felony offense. She was also released on a surety bond and will appear for a pretrial conference on August 1.

A Van Wert man facing a number of sex-related charges agreed to waive his right to a speedy trial during a hearing held Wednesday. George Tromblay, 47, of Van Wert, signed a waiver so that his trial, originally scheduled for August, could be continued past that time.