Defendants sentenced in Common Pleas Court

Highland County Common Pleas Court Judge Rocky Coss handed down multiple prison sentences in several unrelated cases Wednesday, including on charges of illegal assembly, aggravated trafficking in drugs and failing to register as a sex offender. 

Other defendants were sentenced to community control, including one man who the judge said would have faced prison time were it not for the recent sentence reform law House Bill 86.

The law, which went into effect in September 2011, prevents judges from imposing prison sentences for certain felonies and first-time offenders. 

On Wednesday, Richard Pierson appeared before the court for sentencing, after he pleaded guilty in April to a fourth-degree felony charge of domestic violence.

Coss noted that Pierson had previous domestic violence convictions in 1993 and 1996 and that he had been charged with domestic violence and menacing in Hillsboro Municipal Court in 2005 and 2010.

Highland County Prosecutor Anneka Collins told the court Pierson had no prior felony charges, and therefore the state was recommending community control. 

Pierson was represented by Hillsboro attorney Bill Armintrout.

Coss said, "Without House Bill 86, this would be a no-brainer," and that he would impose prison time.

Collins said the victim was in the courtroom but did not wish to speak. According to Collins, the victim "would like him to get help for this, as well as be punished," but that she did not want prison time.

Coss asked Pierson if he had anything to say, and the defendant said he did not. 

As the court reviewed the pre-sentence report, Coss asked Pierson if he was sure he didn't have anything to say, "or are you just going to stand there and let the court infer that you don't care?"

"I regret being in this position," Pierson said. 

Coss told him that "everyone who sits at that table regrets the position they're in." 

Pierson said, "I hate being here because of everything that's been said against me, and there's not a whole lot else I can say." 

Coss said that "reluctantly" he was following the state's recommendation of three years of community control. But he warned Pierson that should he violate the terms of community control, he would likely find himself sentenced to prison time. 

"You have one foot inside the prison door," Coss said. "It's not going to take much of a push to get the second one in.

"It appears you are an abuser of women," Coss added. "And not just one woman." 

Coss ordered that while Pierson is on community control, he is not permitted to marry, live with anyone or date anyone without the consent of his supervising officer. 

"You must inform every woman you have a relationship with of your history of domestic violence," Coss said. "Anyone you go out with even once, she better know your history. This is zero tolerance probation. Without House Bill 86, I would have sent you to prison. You have a serious problem."

In other court business: 

• Albert Cox, of Greenfield, was sentenced to three years in prison on aggravated trafficking in drugs charges. Cox was indicted in January on 25 counts, including aggravated trafficking, aggravated possession and a forfeiture specification. He pleaded guilty to three charges of aggravated trafficking - felonies of the third and fourth degrees - in April. On each of the charges, Coss sentenced Cox to 18 months, nine months and nine months, to be served concurrently for a total of 36 months. 
Cox's attorney, Jim Boulger of Chillicothe, said that his client has severe health problems and requires surgery. Coss granted a furlough period for Cox to have the surgery and to recover. 

• Dallas Clark, of Hillsboro, was sentenced to 24 months in prison. Clark had pleaded guilty in March to one count of illegal assembly of chemicals used in the manufacture of drugs, a felony of the third degree; and aggravated possession of drugs, a felony of the fifth degree. 

• Carl Penwell, of Greenfield, was sentenced to nine months in prison. He had pleaded guilty in April to a fourth-degree felony charge of failure to register a change of address as a registered sex offender. 

• Jonathan Rackley, of Greenfield, was sentenced to nine months in prison. He had pleaded guilty in March to to one count of possession, a felony of the fifth degree.

• Solomon Lane, of Columbus, was sentenced to 12 months in prison. He had pleaded guilty in March to one count of illegal process of drug documents, a felony of the fourth degree, along with a forfeiture specification. 

• Bobbie Jo Mahaffey, of Leesburg, was sentenced to community control. She had pleaded guilty on April 5 to an amended charge of attempted corrupting another with drugs. Mahaffey had been indicted in February on two counts of corrupting another with drugs, felonies of the second degree, after it was alleged she did drugs while pregnant.

• Joshua Reany, of Hillsboro, was sentenced to three years of community control. He had pleaded guilty in April to a count of illegal assembly of chemicals used in the manufacture of drugs, a felony of the third degree; and aggravated possession of drugs, a felony of the fifth degree. 
Reany told the court that was in a drug treatment program at the Marsh House through The Counseling Center in Portsmouth. Reany said the program "was the best thing that ever happened to me." 
Coss commended Reany for seeking addiction treatment on his own. The chances for success are much greater, he said, when an addict enters counseling before it is court-ordered.