3 get prison, 1 jail in Van Wert CP Court

DAVE MOSIER/independent editor

It was a busy day, with 14 people appearing on a variety of charges, including three people who received prison terms and a fourth person sent to jail Wednesday in Van Wert County Common Pleas Court.

Hector Leal, 44, of Van Wert, was given 24 months in prison on a charge of operating a vehicle while impaired (OVI), a felony of the fourth degree. Judge Martin Burchfield also suspended Leal’s driver’s license for life and ordered him to pay a fine of $1,350, plus court costs.

Clark Roberts, 36, of Van Wert, was sentenced to 15 months in prison on a charge of gross sexual imposition, also a fourth-degree felony offense. Roberts was also designated a Tier 1 sex offender, meaning he must register annually with the county sheriff where he lives and works for the next 15 years.

A third man, Joshua Carroll, 27, of Van Wert, refused to accept probation on a charge of domestic violence, a misdemeanor of the first degree, and he was then sentenced to 120 days in jail and fined $500 by Judge Burchfield.

County Probate-Juvenile Judge Kevin Taylor sentenced Nicholas Comment, 26, of Decatur, Indiana, to 18 months in prison on a charge of trespass in a habitation, a felony of the fourth degree. Judge Taylor gave Comment credit for 14 days previously served and ordered him to pay restitution to the Ohio Attorney General’s Office, as well as court costs.

Judge Burchfield also sentenced two people to community control terms.

Ryan Shields, 29, of Van Wert, was given five years of community control, with the added stipulation he spend 90 days in jail, with work release, after he admitted he failed to register as a sex offender, a felony of the fourth degree.

Carl Elston, 36, of Van Wert, was given three years of community control, including 30 days in jail, on a charge of domestic violence, a first-degree misdemeanor. He was also ordered to contact the child support agencies in Defiance and Williams counties and to enter into child support payment agreements with those agencies.

Several people also changed their pleas to guilty during hearings held Wednesday in Common Pleas Court.

Justin Watkins, 31, no address listed, pleaded guilty to a charge of attempted having a weapon under disability, a fourth-degree felony, reduced from a charge of having weapons under disability, a felony of the third degree.

Leonard Aquaviva, 53, of Van Wert, changed his plea to guilty to a charge of theft, a first-degree misdemeanor, reduced from a fifth-degree felony theft count through a plea negotiation. Two other similar counts were dismissed in exchange for Aquaviva’s guilty plea.

Zach Craig, 36, of Van Wert, entered a plea of guilty to a charge of possession of cocaine, a felony of the fifth degree, as well as a specification that he used a 1998 Oldsmobile minivan in the commission of the crime.

A presentence investigation was ordered for all three men and sentenced scheduled for 9 a.m. Wednesday, September 23.

Judge Taylor also heard a plea change on Wednesday.

Kareem Howard, 40, of Van Wert, changed his plea to guilty to a charge of trafficking in cocaine, a felony of the fifth degree. A presentence investigation was ordered by Judge Taylor, who also set sentencing for 9 a.m. Wednesday, October 7.

Two people also appeared in court on a prosecutor’s bill of information.

Fernando Juarez, 37, of Toledo, entered a plea of guilty to a bill of information charging him with failure to register as a sex offender, a felony of the fourth degree.

Carl Gheen Sr., 68, of Van Wert, pleaded guilty to a bill of information charging him with attempted sexual imposition, a misdemeanor of the fourth degree.

Judge Burchfield ordered a presentence investigation in both cases and scheduled sentencing for 9 a.m. September 23.

Also Wednesday, John Swanner, 64, of Winslow, Arkansas, waived his right to a speedy trial, in order to assist his attorney in preparing a defense. A pretrial conference is to be scheduled in the case.

Frederick Blessing, 20, of Van Wert, appeared for a hearing Wednesday clarifying the maximum sentence for a rape charge against him as 25 years to life, since the alleged victim in the case is under the age of 12. Blessing’s request for a personal surety bond in the case was also rejected by Judge Burchfield.