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Fayetteville man sentenced to community control, jail in Highland County case

By
Caitlin Forsha, The Highland County Press

A Fayetteville man was sentenced recently to community control, plus 30 days in jail, after pleading guilty to a receiving stolen property charge in Highland County Common Pleas Court.

Richard A. Ducker, 32, was indicted on the fourth-degree felony charge in August.

The indictment alleged that on or about July 28, Ducker “did receive, retain or dispose of” a motor vehicle while while “knowing or having reasonable cause to believe said property had been obtained through the commission of a theft offense.”

According to court records, Ducker pleaded guilty to the charge Sept. 12.

A sentencing hearing was held Oct. 17, during which victim advocate Lisa Dingey read a written statement from the victim in this case. In it, the victim said that Ducker “took advantage” of their circumstances and asked the court to impose the “highest” possible sentence.

Highland County Common Pleas Court Judge Rocky Coss sentenced Ducker to three years of community control, pursuant to the plea agreement. However, after explaining the terms of community control, the judge noted that the Highland County Probation Department advised that Ducker had not reported to their office in a month.

After conferring with the probation officer, she said that she did not think Ducker had completed a court-ordered assessment either.

“You go right down to the probation department as soon as you’re done here,” Coss told Ducker. “You’d better do what you’re told, because I don’t have a lot of patience for people that don’t listen. For somebody that doesn’t want to go to prison — I assume you don’t, unless you’re stupid; nobody wants to go to prison — you’ve already got the door open here. You’re not reporting even before you’re on probationer, and you haven’t gotten your assessment.”

Ducker responded that he “called” the facility but “was told I needed insurance.”

“It’s an additional condition you’re going to serve 30 days in jail,” Coss said. “Take him into custody.

“That way, we’ll make sure you get your assessment, you’ll be around to do what you’re told, and you’re now going to get the message that I mean what I say. You’ve got a really bad attitude. You have failed the attitude test majorly here today. You act like you don’t even think this is a big deal, and you’re mistaken.”

Ducker was additionally ordered to pay $250 in restitution to the victim.

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