Sex offender sues sheriff over residency ruling
By
Brandy Chandler-brandychandler@gmail.com
A man scheduled to be released from prison after serving approximately 25 years on sex-related crimes is suing Highland County Sheriff Ron Ward, after Ward denied his request to move into a residence located in close proximity to a school.
According to court documents filed May 11 in Highland County Common Pleas Court, Richard E. McIntosh filed a request for a hearing "to contest and determine the rights under Ohio's Adam Walsh Act."
McIntosh is acting as his own attorney in the proceedings. According to the court documents, he was originally sentenced in 1985 to "and indefinite term of incarceration for 12-40 years," on a conviction of four counts of gross sexual imposition.
McIntosh has been granted parole from the Chillicothe Correctional Institution and, according to Ward, McIntosh requested to move in with his father at a residence located in a trailer park on Swisshelm Lane in Liberty Township. The park, Ward said, is located less than 1,000 feet from a church that houses a Christian school, and the request was denied.
Since he has been incarcerated McIntosh is not currently registered as a sex offender, but upon his release he will be required to register as a tier II sex offender, according to court documents. McIntosh alleges that since he was initially classified as a sex offender "under Ohio's Megan's Law" his reclassification "under Ohio's AWA (sic) (Adam Walsh Act) is improper and unconstitutional."
He also alleges that he "cannot be forced to obey the acts of the Highland County Sheriff's Department when the Ohio Adult Parole Authority has approved placement with (McIntosh's) father."
In a letter submitted to the court, McIntosh said he wants to be able to care for his 77-year-old father, "spiritually, physically and financially for his remaining years. Just as he devoted himself to me spiritually and financially during my incarceration."
McIntosh alleges that the sheriff's office was "incorrect and unprofessional" in the manner in which they measured the distance from the church to the trailer of residence.
Ward told The Highland County Press that "Ohio law requires that he not live within 1,000 feet of a school. (McIntosh's) position is that it be measured 1,000 feet from where the trailer is located. He doesn't own the lot, so we look at the trailer park - the same way we do a hotel/motel or apartment complex - and measure from the edge of the property line (of the entire park) nearest the school. Our believe is that where he wants to live is within 1,000 feet of a school zone. We are not permitting him to move there. It's a public safety issue. Public safety is paramount in my mind, and we are prepared to defend our position in court."
The Highland County Prosecutor is counsel for the sheriff's office, and Prosecutor Jim Grandey said his office will "file a response some time next week."
Ward said the sheriff's office uses Highland County's GPS mapping system to measure the footage between properties, and "ultimately, I feel he will have to find other arrangements once he is released."
A man scheduled to be released from prison after serving approximately 25 years on sex-related crimes is suing Highland County Sheriff Ron Ward, after Ward denied his request to move into a residence located in close proximity to a school.
According to court documents filed May 11 in Highland County Common Pleas Court, Richard E. McIntosh filed a request for a hearing "to contest and determine the rights under Ohio's Adam Walsh Act (sic)."
McIntosh is acting as his own attorney in the proceedings. According to the court documents, he was originally sentenced in 1985 to "and indefinite term of incarceration for 12-40 years," on a conviction of four counts of gross sexual imposition.
McIntosh has been granted parole from the Chillicothe Correctional Institution and, according to Ward, McIntosh requested to move in with his father at a residence located in a trailer park on Swisshelm Lane in Liberty Township. The park, Ward said, is located less than 1,000 feet from a church that houses a Christian school, and the request was denied.
Since he has been incarcerated McIntosh is not currently registered as a sex offender, but upon his release he will be required to register as a tier II sex offender, according to court documents. McIntosh said that since he was initially classified as a sex offender "under Ohio's Megan's Law" his reclassification "under Ohio's AWA (sic) (Adam Walsh Act) is improper and unconstitutional."
He also alleges that he "cannot be forced to obey the acts of the Highland County Sheriff's Department when the Ohio Adult Parole Authority has approved placement with (McIntosh's) father."
In a letter submitted to the court, McIntosh said he wants to be able to care for his 77-year-old father, "spiritually, physically and financially for his remaining years. Just as he devoted himself to me spiritually and financially during my incarceration."
McIntosh alleges that the sheriff's office was "incorrect and unprofessional" in the manner in which they measured the distance from the church to the trailer of residence.
Ward told The Highland County Press that "Ohio law requires that he not live within 1,000 feet of a school. (McIntosh's) position is that it be measured 1,000 feet from where the trailer is located. He doesn't own the lot, so we look at the trailer park - the same way we do a hotel/motel or apartment complex - and measure from the edge of the property line (of the entire park) nearest the school. Our belief is that where he wants to live is within 1,000 feet of a school zone. We are not permitting him to move there. It's a public safety issue. Public safety is paramount in my mind, and we are prepared to defend our position in court."
The Highland County Prosecutor is counsel for the sheriff's office, and Prosecutor Jim Grandey said his office will "file a response some time next week."
Ward said the sheriff's office uses Highland County's GPS mapping system to measure the footage between properties, and "ultimately, I feel he will have to find other arrangements once he is released."
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