Court denies treatment in lieu of conviction in Walker arrest

A judge has denied a request for treatment in lieu of conviction in the case of a Hillsboro man who was charged with breaking into a local doctor's office.

Ryan Walker appeared Monday in Highland County Common Pleas Court before visiting Judge Dale Crawford. Walker's attorney, Bill Armintrout, had petitioned the court for intervention in lieu of conviction, which would have allowed Walker to receive drug treatment instead of a felony conviction.

Highland County Prosecutor Anneka Collins told the court that she opposed treatment in lieu of conviction.

"Before (the prosecutor's office) enters into any plea agreement, if there is a victim the victim is contacted ... and the investigating officer is contacted," Collins said. "In this case, Dr. (Ralph) Williams was contacted, and the investigating officer was contacted, and they are all opposed to treatment in lieu of conviction."

The victim, along with Chief Nick Thompson, Sgt. Jeff Murphy and retired Sgt. Greg Barr of the Hillsboro Police Department, were in the courtroom during the hearing. Crawford asked if the victims wished to speak, and Collins said that victim impact letters had been written.

Additionally, Collins said that Walker had not complied with FRS Counseling, and that he had unexcused absences from the program.

"I don't believe he would be a good candidate for treatment in lieu," Collins said.

Collins also noted that Highland County Common Pleas Court Judge Rocky Coss had never permitted a treatment in lieu of conviction in a breaking and entering case. Crawford said that would not factor into his decision, rather he had to follow the state statute.

Armintrout said that he wanted to be the one to take official responsibility for Walker missing the FRS meetings. Following the initial FRS assessment, Walker had been in a 60-day drug treatment program for heroin addiction, and Armintrout advised him to hold off on additional FRS meetings until it was decided what the court would do.

"He wasn't thumbing his nose at (the court)," Armintrout said.

Armintrout said that he had known the defendant since he was a child, and that he is a semester shy of obtaining a degree in mortuary science. A felony conviction could be prohibitive in Walker obtaining a job in that industry, Armintrout said.

"The court has the opportunity to put the keys to the jailhouse in this young man's hand," Armintrout said. "This has garnered a lot of attention. I have many reasons I believe that is the case ... But this is the first time I've had the chief of police at an intervention in lieu hearing."

Crawford said, according to statute, the elements he had to consider in the case were whether or not drugs were a factor in the alleged crime, that the plea would not demean the seriousness of the offense, and that it would greatly reduce the likelihood of re-offense.

"He has two previous OVIs (operating a vehicle while intoxicated) which tells me he has an alcohol problem," Crawford said. "I've not heard how drugs were a part of a well-planned B and E at an eye doctor's office."

According to the indictment, "On or about July 12, 2011 in Highland County, Walker did by force, stealth or deception trespass in a business, an unoccupied structure, with purpose to commit therein, a theft offense as defined in O.R.C. 2913.01 or a felony, in violation of 2911.13(A) O.R.C. and against the peace and dignity of the state of Ohio. Walker did with purpose to deprive Dr. Ralph Williams and Dr. Leah McConnaughey, the owners, of their property, to wit: several pairs of Nike sunglasses, several pairs of Rec-Specs athletic frames, $479 in cash, computer data back-up tapes, did knowingly obtain or exert control over said property without the consent of Dr. Ralph Williams and Dr. Leah McConnaughey, the owners or persons authorized to give consent, said property being valued at greater than $500 but less than $5,000, in violation of 2913.02(A)(1)O.R.C. and against the peace and dignity of the state of Ohio. Walker did possess or have under his control a device with the purpose of using it criminally in the commission of a felony, to wit: ladder, police scanner/radio, in violation of 2923.24(A)O.R.C."

Armintrout told the judge that Walker was seeking money to feed his heroin habit. Crawford said that most offenses involving addicts were likely an attempt to get money to feed the habit. 

Armintrout said that Walker was in his office shortly after the alleged offense and "he was as gray as my suit, feeling the effects of his heroin addiction." 

With addiction, Armintrout said, it's "one day at a time. He is 26 years old and made a horrible mistake. I think he truly understands how severe this is. (By allowing treatment in lieu of conviction) I don't see how anyone loses in this. A felony conviction is life-altering. Not to suggest (the break-in) wasn't life-altering for Dr. Williams and his associates."

Crawford said that court records indicate Walker committed the offense while he was on probation on the misdemeanor OVI charges.

Walker told the court that the drugs were his motivation in the offense, and that "I was at a bad point in my life. It was really out of character for me. The drugs did alter me."

Crawford denied the request, saying that he felt it would demean the seriousness of the offense, and that it would not likely substantially reduce further offenses.

The court took a brief recess during which the defense and prosecution conferred.

When court was called back into session, Walker entered a plea on one count of breaking and entering and one count of possession of criminal tools, both felonies of the fifth degree. As a result of the plea, one count of theft was dismissed, and the state will also recommend community control at sentencing.

Collins told the court that blood and DNA were found inside the business, and tests showed that it was Walker's.

Bond was continued, and a sentencing hearing was scheduled for May 29 at 11 a.m. Walker could face a maximum of 12 months in prison on each count, Crawford said.