Three sentenced for probation violation, theft
Published 9:58 am Thursday, November 3, 2011
Showing up for court and failing a drug test is apparently not high on a judge’s list of acceptable behavior, a South Point man discovered Wednesday.
Douglas Price Jr., 28, of 4300 County Road 15, pleaded guilty Oct. 19 in Lawrence County Common Pleas Court to charges of passing bad checks and theft from the elderly. A pre-sentence investigation was ordered and Price returned Wednesday to learn his fate.
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Judge D. Scott Bowling noted immediately that a drug test administered before the start of the sentencing hearing revealed the presence of oxycodone, morphine and marijuana in Price’s system.
“That’s a fairly impressive positive drug test,” Assistant Lawrence County Prosecutor Jeff Smith noted, adding that Price had not paid any amount toward his $5,000 restitution, which Price had previously agreed he would do.
Price’s attorney, David Reid Dillon, countered that his client was ready to make restitution today.
“The main thing is to make the victim whole,” Dillon said. “We are disappointed with the drug test.”
Bowling sentenced Price to 24 months in prison. Price was accused of borrowing money to purchase a truck, but when he wrote the check to his benefactor, he did not have the funds to cover the $5,000 check.
In another case, Jeremy Logsdon, 29, of 1118 S. Third St., Ironton, admitted he violated his probation by failing to report to his probation officer. He also pleaded guilty to a four-count drug indictment from another case.
Bowling sentenced him to a total of two years in prison.
Also Wednesday, Reginald Kinstler, 33, of 602 Coal Bank Hollow, was sentenced to 11 months in prison after he previously pleaded guilty to three counts of criminal non-support.
Smith told Bowling that Kinstler owed approximately $9,800 as of June 30 and records do not indicate Kinstler had made any payment for the care of his three children since May 2010.
“We’ve had no success in getting his attention on this (obligation) up to this point,” Smith told Bowling.
Kinstler’s attorney, J.T. Holt, had asked that his client not be sent to prison but rather be given the opportunity to make amends.
“I do believe I can do CCS (community control sanctions). I know if I didn’t what I would be facing,” Kinstler told Bowling. “I’ve been to prison before and I don’t think it will do me any good. I don’t want to go back. I believe I can do this (community control sanctions) right. I’m ready to turn my life around and do the right thing.”
Bowling also ordered Kinstler to pay his arrearage and submit to three years probation after he is released from prison.