Man waives speedy trial right in shooting
Published 10:48 am Thursday, March 5, 2009
The man accused in connection with a January shooting that left another man seriously injured waived his right to a speedy trial Wednesday during a preliminary hearing in Lawrence County Common Pleas Court.
Floyd C. McCann, 50, of 38 Township Road 203W, is charged with felonious assault and having a weapon under a disability, which means that as a convicted felon, he is not legally entitled to have a gun.
Assistant Lawrence County Prosecutor Bob Anderson said Wednesday evidence that will be used during the trial is not yet available from the Ohio Bureau of Criminal Investigation and Identification, which aided the Lawrence County Sheriff’s Office with its investigation.
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“The laser test on the direction of the bullets, evaluation of the (shotgun) shells, we’ve not gotten these back yet,” Anderson said.
Judge D. Scott Bowling scheduled the next pretrial conference for April 1.
Mark Robinson, 39, of State Rouge 650 was shot in the back as he was walking near his home on the evening of Jan. 7. Robinson told sheriff’s deputies he had heard a noise outside his residence and went outside to investigate. He was shot once in the upper back.
McCann was taken into custody a short time later. A .22 rifle was confiscated at that time. McCann remains in the Lawrence County Jail.
Also Wednesday, Shirley Berry, 49, of 418 County Road 104, Chesapeake, was sentenced to 18 months in prison after Bowling found her guilty of violating her probation.
Berry pleaded guilty in 2007 to one count of complicity to burglary.
At that time she was placed on four years probation, also known as community controlled sanctions under intensive supervised probation (CCS/ISP).
But during a hearing Wednesday, Probation Officer Lynne Stewart told Bowling Berry has had a history of not always reporting for her probation meetings and, when she showed up for a hearing Aug. 18 of last year, she left before taking a drug test. She had also failed to pay court costs as required.
Given her history of violating her probation and because she has already has attended a program at a community based correctional facility, Stewart said there is no other help available for Berry; her only option is prison.
“I can’t help someone who doesn’t want help,” Stewart said.
But Berry contended she had to leave before taking the drug test because she was being kicked out of the residence and had to pack. She also said numerous health problems caused her not to report.
But she told Bowling she now had income from an ex-husband and could pay her court costs.
“I don’t do drugs no more,” she cried. “I was not dirty; I just had to pack. I ask this is the name of Jesus. I don’t want to go to the penitentiary.”
In a lengthy statement, Berry said she had cancer, had suffered because people she loved had left her and she thought she should be given community service and a fine for violating her probation.
Bowling disagreed and noted that previous efforts to help her have failed. He also noted that after the hearing she turned to her attorney Warren Morford and asked, “Is that 18 months flat?”
Bowling said that proved she was far more aware of what she was doing and the consequences of her actions that she had previously let on.
In another matter, Monte Hawthorne, 44, of 66 County Road 450, South Point, pleaded guilty on a bill of information to one count each of burglary and grand theft.
He will be sentenced March 11. By pleading guilty to the bill of information, Hawthorne admits his guilt and avoids having his case heard by a grand jury and a trial in common pleas court.