Greenfield man found in violation of community control; judge calls defendant a 'jerk'

A Greenfield man was found to be in violation of his community control Thursday in Highland County Common Pleas Court, and the presiding judge said the root of the defendant's problem was that he was "a jerk."

Richard Jones, of Greenfield, appeared in court with his attorney J.D. Wagoner for an evidentiary hearing on the alleged violation reported to the court by the Highland County Adult Parole Authority. Jones was on community control from an initial charge of having weapons under disability. 

Highland County Prosecutor Jim Grandey questioned the defendant's parole officer, Shari Barton, who testified that in November 2010 she gave a verbal order to Jones to schedule classes with the Alternatives To Violence Center in Wilmington. He was ordered to go to the Wilmington office, rather than the Hillsboro office, due to a conflict with an employee in Hillsboro. Barton said she received a written report from Denise Gray, with the Wilmington Alternatives to Violence Center, that Jones was no longer eligible for the program due to an outburst he had with employees. 

Gray also testified, saying that on Jan. 5 Jones called 25 minutes after his appointment was to begin and stated that he would be late. When he arrived at the office 10 minutes later, he was told he would have to reschedule because staff members were now busy with other appointments. Gray testified that Jones became "red in the face" and raised his voice, while wrenching papers in his hand. When asked if she felt Jones was angry, Gray said that he was "put out," and seemed to have trouble controlling his behavior. 

The center scheduled another appointment for Jan. 10, which Jones later cancelled and rescheduled for Jan. 12. On Jan. 12, he arrived on time and began the orientation program, according to testimony.

Based on the outburst, Gray said that she wrote a report because she felt that Jones would be ineligible to go through the program, which is a 20-week course, because of his inability to control his temper. She said that such behavior could not take place around the center's other clients.

Brenda Harris, a former employee at the center, also testified, saying that she met with Jones on Jan. 12 and that she found him to be "polite" and did not have any problems with him. She said that there was some confusion over whether or not Jones was to be going through the program at that point, or whether he should have gone for a mental evaluation first. Harris testified that she called Barton, who told her Jones wasn't to be going through the program. Harris said she was confused by that statement, but she refunded Jones's fee and he left without getting angry. 

Barton was called back as a rebuttal witness, and she said that she had never spoken to Harris. Rather, she had a log that Dara Gullett from the Hillsboro Alternatives to Violence Center had called and related to her information from the Wilmington Office regarding Jones's alleged behavior. 

Jones took the stand and testified that he was late on Jan. 5 because his son was ill, and that he had to reschedule the Jan. 10 appointment because he had to do community service work. Jones denied losing his temper with Gray.

Following testimony, Grandey argued that because of his behavior on Jan. 5, Jones was not permitted to complete the programming at the center, a requirement of his community control. At this point in time, he said, he will not be able to complete it, which is a violation. 

Wagoner argued that Jones had tried on multiple occasions to enroll in the programming and that he was under the impression he had met the requirement because he had started the orientation process with Harris. 

"When he was arrested on Jan. 18, he had no idea he was in violation," Wagoner said, and that the state had not met its burden of proof. 

Coss ruled that Jones was in violation, saying that Jones may have been on his best behavior in court, but that the court felt he had anger issues. 

"I think you have a real attitude problem," Coss said. 

Coss said "the elephant in the room" was that Jones was going through a very contentious divorce and custody battle that had led to several domestic relations issues. Coss referenced charges that had been filed against Jones, which were subsequently dropped, out of Highland County Court in Greenfield. 

When Jones testified that he did not react in anger on Jan. 5, Coss said, "That seems to not be your natural reaction. It would have been more believable if you would have said you lost your temper."

The judge said that Jones did not act like a person who was facing five years in prison and that, "you don't seem to get it." 

"If there was a legal definition, I would make a finding that you are a jerk. Because that's what you are," Coss said. 

Coss sentenced Jones to serve 90 days in the Highland County Justice Center, and said he hoped it would be a wake-up call that he was in a serious situation. Coss noted that had charges been filed as a result of his outburst at the center, he would not have hesitated to give him prison time. Additionally, if Jones has any other infraction, even minor ones, Coss said he would send him to prison. 

Coss also expressed concern for the defendant's wife, and the situation regarding the pending divorce and domestic issues. 

"I have seen a lot of cases with a lot less tension end up in violence and tragedy and even death," Coss said. "This is a divorce gone wild."

Coss ordered that Jones was to have no contact with his wife and that all exchanges of children were to occur through a third party. He also noted that he did not want family members, or the children to be put in the middle.  

"This is your last chance," Coss said. "If it comes back that you sent her a birthday card, I'll consider it a violation and I won't hesitate to send you to prison." 

Wagoner said that in an effort to diffuse some of the tension, Jones had plans to move out of the county. 

Jones was taken into the custody of the Highland County Sheriff's Office to begin serving his 90 days.