Ironton woman found incompetent to stand trial
Published 11:02 pm Saturday, June 6, 2009
An Ironton woman arrested for burglary will go to a hospital, not court, at least for now.
Lawrence County Common Pleas Judge D. Scott Bowling Wednesday ordered Rose Wilson, 54, of 807 N. Fifth St., to the Appalachian Behavioral Health Center in Athens after a Shawnee Forensics Center evaluation stated she was not competent to stand trial. Assistant Lawrence County Prosecutor Bob Anderson said efforts will be made to restore Wilson to competency so she can eventually stand trial.
Wilson was one of several people making appearances Wednesday in Lawrence County Common Pleas Court.
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Matthew L. Pennington, 39, of 8424 County Road 1, South Point, pleaded guilty to one count each of breaking and entering and theft. Judge Charles Cooper sentenced him to a total of 11 months in prison. If Pennington stays out of trouble while he is behind bars, he may be eligible for judicial release after six months. Cooper warned him his conduct while in prison will determine whether he stays put or gets out early.
“I made some mistakes and I’ve learned from them,” Pennington told Cooper. “I wish I could take it back but I can’t.”
Also Wednesday, Randall L. Hubert, 28, of 721 Chestnut St., Ironton, admitted he violated his community control sanctions, otherwise known as probation by testing positive for drugs and failing to report to his probation officer as scheduled.
Bowling sentenced him to 90 days electronically monitored home confinement and 32 days in jail but gave him credit for the 32 days served both in the Lawrence County jail and in the Western Regional Jail in Barboursville, W.Va. Hubert told Bowling he had worked prior to his arrest and assumes a job will be waiting for him once he is out of jail. Bowling said he wanted verification of Hubert’s employment as well as records of any job-related drug screenings Hubert had undergone.
“I want you to prove to me going forward you’re going to be clean and you’re going to report,” Bowling said.
“I will do whatever,” Hubert told Bowling. “I just need this chance.”
Hubert was also ordered to pay $5,640 in restitution and report twice a week to his probation officer. He was on probation for an earlier felonious assault conviction.
Shane F. Lemley, 35, of 597 State Route 775, Proctorville, admitted he violated his probation by failing to report to his probation officer, not paying court-ordered fees, testing positive for drug use and consorting with other suspected drug users.
Cooper sentenced him to nine months in prison. He was on probation for earlier theft convictions. Lemley asked for a brief furlough before being sent to prison. “I apologize to the probation department, to the prosecuting attorney and the state of Ohio,” Lemley told Cooper. “I need to get these things squared away for my child, I’m willing to be drug tested, I want to go get things squared away and see my daughter and my grandmother.”
Assistant Lawrence County Prosecutor Mack Anderson pointed out this was Lemley’s third probation violation and he has “drug issues,” making him a less- than- ideal candidate for any kind of release from jail.
“I do not think it would be a safe bet for his own good to be released,” Anderson said.
John R. Hogan, 23, of 422 N. Second St., Ironton, pleaded guilty to charges of complicity to breaking and entering, complicity to grand theft and complicity to tampering with evidence.
Cooper sentenced him to a total of four years in prison but said if Hogan stays out of trouble while he is in prison, he could be eligible for judicial release with probation after serving three of those four years.
Hogan must also pay $22,000 restitution jointly and severally with two codefendants.