Patton gets 6 years for armed robbery; smiles at victim in court
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By
Brandy Chandler-brandychandler@gmail.com
A Hillsboro man charged with robbing Larry's Party Shop at knifepoint pleaded guilty to the first-degree felony charge Thursday and was sentenced to six years in prison, but not before turning to the victim and smiling in open court.
Casey Patton, 26, was indicted on the charge in June after he had allegedly entered the store on April 20, brandished a knife and demanded cash.
In court Thursday, before Highland County Common Pleas Court Judge Rocky Coss, as Patton was being seated at the defense table, he turned to a reporter with the Highland County Press and posed and smiled for a photo, before smiling at the victim.
Patton's attorney, Suzan Zurface, told Patton to stop, saying that his behavior was not helping the situation.
The victim and family members had been consulted prior to the plea and had agreed to the state's recommendation of six years in prison. However, after Patton displayed the lack of remorse on Thursday, the victim indicated he wanted the plea called off.
Coss asked Patton if he understood the plea and if he had known before Thursday that he would be taking a plea.
"No, I want it to go to trial today," Patton said. "But, I guess it's time to plea out."
Zurface told Patton that they had discussed the matter and that the judge just wanted to make sure she had done her due diligence as an attorney and that she had not surprised him with the plea.
"It's not a trick question," Coss said.
Patton said that he had just been confused, and then said that Daniels had previously discussed the plea with him, and he wanted to proceed with it.
Highland County Prosecutor Anneka Collins asked for a sidebar with Coss and Zurface, after which, the court took a short recess, The Highland County Press press was asked for the photo as the state consulted with the victim.
When court resumed, Coss said he wanted to eliminate confusion and asked Patton again if he had known before Thursday that he would be entering a plea, and he said yes.
After reading the agreement to him, Coss asked Patton if he was satisfied with the agreement.
"Totally," Patton said.
In July, Zurface had filed a motion with the Supreme Court of the State of Ohio alleging that there was a conflict of interest in Coss hearing the case, as the owner of the store in question is Highland County Commissioner Shane Wilkin.
"The establishment that Mr. Patton is alleged to have robbed is owned by Mr. Shane Wilkin, who is one of Highland County's three commissioners," Zurface wrote. "The clerk alleged to have been on duty at the time of the robbery has been represented to the state as the sister of Mr. Shane Wilkin. Highland County has a population of about 43,500. There are three commissioners and one general division judge. Prior to taking the bench, Judge Coss had a prominent private practice, which was purchased by Peelle Law Office in Wilmington, Ohio. The attorney staffing the office and taking over many of Judge Coss' clients is Ms. Kristy Duckwall Wilkin, wife of Commissioner Wilkin and also an owner of the establishment in question."
Zurface wrote that "The commissioners' office is responsible for matters of budgeting and funding that involve the function of the Common Pleas Court. Judge Coss has routine contact with the commissioners relating to matters of budget and administration. Judge Coss is influential and respected in the community, and his opinion on matters of policy is often sought.
The Supreme Court disagreed with Daniels, saying "no basis has been demonstrated for ordering the disqualification of Judge Coss."
"Wilkin is not a party to the underlying criminal case," the Supreme Court said.
The penalty for first-degree felony robbery is three to 10 years in prison.
Collins told the court that while this was Patton's first felony charge, he had a large misdemeanor history.
Zurface said that she could not offer an excuse to Patton's behavior, or justify the pain that was caused to Wilkin and his family, but that Patton has a serious drug problem.
"He has escaped any major criminal drug charges," Zurface said. "But he has a history of drug abuse.
Prior to sentencing, Coss asked Wilkin if he wanted to say anything.
"Nothing that would be appropriate for this court, your Honor," Wilkin said.
The statute, Coss said, indicates that the maximum penalty should be reserved for the worst forms of the offense, and the state's recommendation is a mid-range sentence.
"My my judgment, there is no best or worst form of the offense," Coss said. "This may be your first felony, but a first-degree offense is the worst crime, next to murder."
Coss followed the state's recommendation of six years in prison, and restitution.
"At your age, you should have learned how to behave," Coss said to Patton. "You have not."
Patton will begin serving the sentence immediately, with 103 days of jail time credit.
A Hillsboro man charged with robbing Larry's Party Shop at knifepoint pleaded guilty to the first-degree felony charge Thursday and was sentenced to six years in prison, but not before turning to the victim and smiling in open court.
Casey Patton, 26, was indicted on the charge in June after he had allegedly entered the store on April 20, brandished a knife and demanded cash.
In court Thursday, before Highland County Common Pleas Court Judge Rocky Coss, as Patton was being seated at the defense table, he turned to a reporter with the Highland County Press and posed and smiled for a photo, before smiling at the victim.
Patton's attorney, Susan Zurface, told Patton to stop, saying that his behavior was not helping the situation.
The victim and family members had been consulted prior to the plea and had agreed to the state's recommendation of six years in prison. However, after Patton displayed the lack of remorse on Thursday, the victim indicated he wanted the plea called off.
Coss asked Patton if he understood the plea and if he had known before Thursday that he would be taking a plea.
"No, I want it to go to trial today," Patton said. "But, I guess it's time to plea out."
Zurface told Patton that they had discussed the matter and that the judge just wanted to make sure she had done her due diligence as an attorney and that she had not surprised him with the plea.
"It's not a trick question," Coss said.
Patton said that he had just been confused, and then said that Daniels had previously discussed the plea with him, and he wanted to proceed with it.
Highland County Prosecutor Anneka Collins asked for a sidebar with Coss and Zurface, after which, the court took a short recess and The Highland County Press was asked for the photo as the state consulted with the victim.
When court resumed, Coss said he wanted to eliminate confusion and asked Patton again if he had known before Thursday that he would be entering a plea, and he said yes.
After reading the agreement to him, Coss asked Patton if he was satisfied with the agreement.
"Totally," Patton said.
In July, Zurface had filed a motion with the Supreme Court of the State of Ohio alleging that there was a conflict of interest in Coss hearing the case, as the owner of the store in question is Highland County Commissioner Shane Wilkin.
"The establishment that Mr. Patton is alleged to have robbed is owned by Mr. Shane Wilkin, who is one of Highland County's three commissioners," Zurface wrote. "The clerk alleged to have been on duty at the time of the robbery has been represented to the state as the sister of Mr. Shane Wilkin. Highland County has a population of about 43,500. There are three commissioners and one general division judge. Prior to taking the bench, Judge Coss had a prominent private practice, which was purchased by Peelle Law Office in Wilmington, Ohio. The attorney staffing the office and taking over many of Judge Coss' clients is Ms. Kristy Duckwall Wilkin, wife of Commissioner Wilkin and also an owner of the establishment in question."
Zurface wrote that "The commissioners' office is responsible for matters of budgeting and funding that involve the function of the Common Pleas Court. Judge Coss has routine contact with the commissioners relating to matters of budget and administration. Judge Coss is influential and respected in the community, and his opinion on matters of policy is often sought.
The Supreme Court disagreed with Daniels, saying "no basis has been demonstrated for ordering the disqualification of Judge Coss."
"Wilkin is not a party to the underlying criminal case," the Supreme Court said.
The penalty for first-degree felony robbery is three to 10 years in prison.
Collins told the court that while this was Patton's first felony charge, he had a large misdemeanor history.
Zurface said that she could not offer an excuse to Patton's behavior or justify the pain that was caused to Wilkin and his family, but that Patton has a serious drug problem.
"He has escaped any major criminal drug charges," Zurface said. "But he has a history of drug abuse."
Prior to sentencing, Coss asked Wilkin if he wanted to say anything.
"Nothing that would be appropriate for this court, your Honor," Wilkin said.
The statute, Coss said, indicates that the maximum penalty should be reserved for the worst forms of the offense, and the state's recommendation is a mid-range sentence.
"By my judgment, there is no best or worst form of the offense," Coss said. "This may be your first felony, but a first-degree offense is the worst crime, next to murder."
Coss followed the state's recommendation of six years in prison and restitution.
"At your age, you should have learned how to behave," Coss said to Patton. "You have not."
Patton will begin serving the sentence immediately, with 103 days of jail time credit.
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