Probation violators get prison time

Published 12:00 am Tuesday, November 29, 2005

Probation did not work out for two men who will now head to prison.

A South Point man pleaded guilty Wednesday to violating the terms of his probation.

Jonathon McCann, 24, of 27 Private Drive 1179, was originally sentenced to

Email newsletter signup

four years community controlled sanctions for a guilty plea to one count of receiving stolen property and three counts of forgery.

In regard to the probation violation, Lawrence County Common Pleas Judge Frank McCown sentenced McCann to six months in prison but gave him credit for time served.

In arguing for prison time, Assistant Lawrence County Prosecutor Mack Anderson said since the conviction McCann has tested positive for drug use twice and has admitted to consorting with drug users.

In January, McCann stopped reporting to his probation officers. Anderson also pointed out that a warrant was issued for McCann's arrest in June but it took authorities five months to locate him.

But McCann's attorney, Jason Smith, contended that those drug tests for which his client tested positive were 14 months ago.

Since then, McCann has gotten a job because he has small children to support. He asked McCown to allow him time between sentencing and the start of his sentence to spend some time with his children and get his personal affairs in order.

&#8220This is not a pretty record in terms of your violations. You failed a series of drug tests and you indicated you've associated with other drug users. You say you've been working but you haven't been doing other things you're supposed to do like pay your fines,” McCown said.

&#8220… We had a time finding you and I can't let you bounce out of here and then have trouble finding you again.”

McCown denied the request.

Also, a Proctorville man pleaded guilty Wednesday to violating the terms of his community controlled sanctions.

Walter Plumley, 28, of 122 Private Drive 53, will serve 10 months in prison after he tested positive for drugs during a probationary drug test. Plumley was placed on probation in July 2004 after he pleaded guilty to one count of deception to obtain a dangerous drug.

Also Wednesday, Brenna Hall, 36, of 1321 S. Eighth St., pleaded guilty to one count of theft.

Lawrence County Common Pleas Judge Richard Walton sentenced her to four years community controlled sanctions under intensive supervised probation, which includes six months stay in a community based correctional facility. She must also make restitution in the amount of $11,150 to her victims.