Jury finds Hillsboro man guilty of violating a protection order

Following a brief trial Monday, Jan. 8, a jury seated in Highland County Common Pleas Court convicted a Hillsboro man of one fifth-degree felony count of violating a protection order or consent agreement, with an additional finding that he had been previously convicted of the same offense.

Allen W. Shoemaker, 65, was indicted by a Highland County grand jury in November 2023. The indictment alleged that on or about Sept. 27, 2023, Shoemaker “did recklessly violate a term of a protection order or consent agreement.” According to the indictment, Shoemaker was previously convicted of violating a protection order or consent agreement.

Following the reading of the verdicts by Highland County Clerk of Courts Ike Hodson, Highland County Common Pleas Court Judge Rocky Coss proceeded to sentence Shoemaker to two years in prison.

The trial began at approximately 10 a.m., with Highland County Prosecutor Anneka Collins representing the state, while Shoemaker was represented by local attorneys Denny Kirk and Danielle Whitt.

In her opening statements, Collins told the jury that the victim in the case had filed for a protection order against Shoemaker in June 2023, which was granted July 7. In September, Shoemaker sent a letter to the victim’s home while he was in jail at the Highland County Justice Center, Collins said. The victim immediately filed a report with the Highland County Sheriff’s Office, alleging the violation.

Kirk told the jury that Shoemaker “does not deny” that there was a protection order or that he sent the letter.

“It’s who the letter was sent to that it boils down to,” Kirk said.

Kirk said that the envelope — which was sent to the victim’s home and had the victim’s name at the top — said “Attention: Grace” at the bottom of the envelope. Kirk said that “Grace” was the “intended recipient” of Shoemaker’s letter, not the victim, and that the contents of the letter had “nothing to do with” the victim.

The state briefly presented three witnesses, as they rested at 10:24 a.m. The victim testified that she had filed for the protection order due to receiving “correspondence” from Shoemaker in the past, some of which she “viewed as threatening.” 

The victim said that she received the envelope from Shoemaker Sept. 7 with his name on the return address, and that it as addressed to her, in his handwriting. She said she did not know who the “Grace” mentioned at the bottom of the envelope was.

Highland County Sheriff’s Office jail administrator Keith Brown confirmed that Shoemaker sent the letter to the victim while incarcerated at the Justice Center, while HCSO deputy Ronnie Hughes said that he took the report from the victim. He confirmed the protection order said that Shoemaker “shall have absolutely no contact with [the victim], even by mail.” 

After the state rested, Shoemaker took the stand in his own defense. He testified that there should have been a page in the envelope explaining who the letter was to go to, and that it was to go to “Grace,” who is not the victim but “just a name I thought of at the time” as a nickname for another individual. Shoemaker said he “had no other way to get” a letter to the other woman, so he sent it to the victim. 

Shoemaker testified that the letter was not an “attempt to contact” the victim and said he is aware of the no-contact order.

Under cross examination, Collins asked Shoemaker about “prior felony convictions in the last 10 years.” The prosecutor listed breaking and entering, menacing by stalking, failure to appear and two separate convictions of violating a protection order. Shoemaker admitted that the victim in the two other protection order violation cases was the same as the victim in the current case.

Collins also asked about the “Grace” on the envelope. Shoemaker said the intended recipient “has several nicknames,” but after questioning from Collins, agreed that the envelope was addressed to the victim.

In her first closing argument, Collins explained that the charge in this case is a felony due to Shoemaker having prior convictions of the same offense. She asked the jury to “reach the only verdict that makes any kind of sense” and find Shoemaker guilty.

Whitt argued that reasonable doubt exists in this case, due to the contents of the envelope not being intended for the victim; the name “Grace” being on the envelope; and the cover letter Shoemaker claims to have written being missing from the exhibit presented by the state.

Collins argued that Shoemaker is “the only one who knows” the “Grace” alias because he was trying to send the victim “mail and not be held responsible by putting a fake name on it.” She pointed out that the envelope was also still addressed to the victim.

“It doesn’t matter that there’s no threat in the letter,” Collins told the jury. “The harm is he violated the law. She asked for an order of protection. She has the right to live the rest of her life peacefully. He’s not allowing that.”

She added that mail was included in the protection order because it has “been an issue” in the past.

“This case is not difficult,” Collins told the jury.

The jury was dismissed at 11:20 a.m. for lunch, then heard final jury instructions and received the case around 12:40 p.m. By 1:25 p.m., they had reached a verdict.

Hodson read the verdict finding Shoemaker guilty, after which Coss thanked and dismissed the jury. 

Collins asked the judge to impose an 11-month prison sentence, while she also advised the judge that Shoemaker had a year left of post-release control “filed in another case, then added to this case.

“Basically, he thinks he can do whatever he wants for as long as he wants,” Collins said. “He continues to violate the same law over and over and over.

“It’s an ongoing problem.”

Whitt asked for “the minimum sentence you can impose,” pointing out that it is “a lower-level felony” and that Shoemaker would already be subject to prison time due to the post-release control violation.

Shoemaker told the judge he was “just trying to get ahold of” the other individual and that the victim’s address is “the only address I’ve got, and I didn’t even have that one right.” 

Coss responded that it “sounds like a good excuse, but it’s not.

“You’ve been engaging in this persistent pattern of conduct for years now, even while you were in prison,” Coss said.

The judge said even if Shoemaker was telling the truth about not having an address to write to the other individual, it “doesn’t mean you can send mail to the care of” the victim.

“The order says you’re not to communicate with her. No contact means no,” Coss said. “There’s a famous country song by Lorrie Morgan that’s ‘What Part of No Don't You Understand?’ The record in this case shows you don’t understand a damn bit of it.

“You’re refusing to take no for an answer. You’re putting yourself above the law.” 

Coss sentenced Shoemaker to 12 months for the felony conviction, consecutive to an additional 12 months for committing the offense while under post-release control, for a total of two years in prison. Shoemaker had 62 days of jail time credit.