Former I&K executive gets prison term

DAVE MOSIER/independent editor

Former I&K Foods chief executive Robert Fishbein, 48, of Lima, was sentenced to a total of three years in prison on a number of charges related to intimidation of witnesses and telephone harassment during a hearing Wednesday in Van Wert County Common Pleas Court. The charges included a number of felony counts, as well as three misdemeanor charges.

Fishbein was sentenced to a three-year prison term on the intimidation charge, while sentences on the other, lesser counts were to run concurrently with that term.

While CEO of I&K late last fall, Fishbein harassed a woman employee at the company. The woman later left I&K Foods after allegedly receiving a severance package in exchange for not filing a sexual harassment complaint against Fishbein.

However, Fishbein continued to harass the woman by telephone and also threatened her after she filed charges in Van Wert Municipal Court.

The Van Wert County Grand Jury later indicted Fishbein on charges of intimidation and other related telecommunications felonies. After the Lima man violated the terms of his first bond by contacting the alleged victim in the case, Judge Charles D. Steele increased the bond from $150,000, $15,000 of that in cash, to $200,000, all in cash, and ordered him not to use a phone. That bond was later revoked when Fishbein was spotted minutes after receiving the new bond using his cell phone in the court lobby.

Even in jail, Fishbein allegedly made calls, contrary to the judge’s orders.

Prior to sentencing, Fishbein’s attorney, William Kluge of Lima, asked Judge Steele not to send his client to prison, but give him local jail time, noting that the Lima man has a severe mental problem that requires intense therapy, and he also has to take a number of medications, something Kluge said he doesn’t think will be happen if his client is sent to prison.

The Lima attorney also noted that his client has an alcohol and drug problem that existed at the time his problems with the law occurred.

Fishbein also read a written statement prior to sentencing.

“For many year, I have been a person in authority and I have not conducted myself properly with that authority,” Fishbein read. “All my inappropriate actions I take full responsibility for.”

Fishbein also broke down as he apologized for the embarrassment he had caused his wife and family, and also apologized to the woman victim in the case.

In sentencing Fishbein to prison, Judge Steele said he hoped the defendant could find the proper counseling in prison to deal with his issues, adding that he would recommend counseling for Fishbein while in prison.

Two people were also arraigned on Wednesday in Common Pleas Court.

Rachel L. Clark, 27, of Van Wert, pleaded not guilty to a two-count indictment charging her with identity theft and theft. She was released on a personal surety bond and a pretrial conference scheduled for 8 a.m. Tuesday, April 3.

Seth May, 19, of Van Wert, also entered a not guilty plea to a charge of theft, a fifth-degree felony offense. He was also released on a personal surety bond and a pretrial conference set for 8 a.m. April 3.

One of three people to cause more than a half million dollars of damage to a crane and other equipment being used to install wind turbines in the county caught a break from Ohio’s new sentencing guidelines.

Cody J. Edwards, 21, now of Saginaw, Texas, was placed on three years of community control, including up to six months in the Western Ohio Regional Treatment and Habilitation (WORTH) Center in Lima.

He was also ordered to pay his share of a $58,000 loss sustained by Blattner Company, which owned the equipment.

Although Edwards was identified as the main defendant in the crane vandalism, the fact that he does not have a prior felony conviction — albeit a number of misdemeanor convictions — means he can’t be given a prison sentence, under Ohio’s new sentencing guidelines.

Both co-defendants, Dustin Gamble and Kyle Beech, received five years of community control for their part in the vandalism.

Michael A. Speakman, 20, of Van Wert, was given two years of community control on a misdemeanor theft charge. Speakman allegedly used a credit/debit card belonging to a relative illegally, although he claimed that was a misunderstanding.

He was also ordered to pay restitution of $650 and enroll in a GED program as part of his community control.

Brandon L. Murphy of Columbus was resentenced to a three-year term of community control after he was found guilty of violating the terms of his community control sentence.

Erik R. Byer of Van Wert, admitted to violating the terms of his community control program and was sentenced to 180 days in jail, although he could be eligible for work release.

A number of plea changes were also made Wednesday in Common Pleas Court.

David L. Boff Jr., 19, of Van Wert, pleaded guilty to a charge of unlawful sexual conduct with a minor older than 13, but younger than 16. Judge Steele ordered a presentence investigation and set sentencing for 9 a.m. Wednesday, April 23. The judge reminded Boff that he would be classified as a Tier 2 sexual offender and must register with the sheriff’s office every six months for the next 25 years.

Dale W. Wright, 19, of Van Wert, pleaded guilty to a charge of grand theft, a fourth-degree felony offense. According to the county prosecutor’s office, Wright was accused of stealing a 1998 Buick Regal in December 2011. A presentence investigation was ordered and sentencing scheduled for 9 a.m. April 25.

Alisha L. Elder of Van Wert was granted judicial release from prison after serving approximately six months on a charge of theft, a fifth-degree felony. Elder was placed on three years of community control and must make restitution to her parents in the amount of $1,791.62.

Kelly M. McKenzie, 49, of Van Wert, entered guilty pleas to a three-count indictment charging her with trafficking in heroin, trafficking in drugs and one count of trafficking in a counterfeit substance alleged to have been heroin.

McKenzie sold drugs to an undercover agent working for the Van Wert Police Department in August and early September 2011.

Scott Gordon, McKenzie’s attorney, asked that his client be released from jail so she could get her affairs together before she is sentenced, which Prosecutor Charles F. Kenney III opposed.

Judge Steele ordered a presentence investigation and set sentencing for 9 a.m. April 25.