Stubbs sentenced to maximum on weapons charge; felonious assault charge dismissed
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
A South Salem man who was arrested last fall and charged with attempting to assault police officers with a firearm has pleaded guilty to having weapons under disability. The state dismissed a charge of first-degree felony felonious assault, citing insufficient evidence.
Justin Stubbs, 33, was indicted in March on one count of felonious assault with a firearm specification, a felony of the first degree; and one count of having weapons while under disability, a felony of the third degree. On Friday, he appeared in Highland County Common Pleas Court with his attorney James Pagan.
As previously reported in The Highland County Press, Stubbs was arrested Aug. 28, 2010 after the Ohio State Highway Patrol attempted to make a traffic in Hillsboro, when an individual allegedly fled the vehicle. That individual was ultimately identified as Stubbs. The OSHP called for assistance from the Hillsboro Police Department. According to the HPD, the driver of the vehicle said Stubbs was "on the run from the law" and was armed with a handgun. It was believed Stubbs had fled to a residence on Willow Street.
As officers approached the Willow Street residence, two people were noticed near a vehicle in the driveway. When approached, Stubbs fled on foot, according to the HPD. Officers used tasers on Stubbs, "to no avail," according to the HPD. As officers continued to attempt to apprehend the suspect, Stubbs "reached for his waistband and attempted to remove a 9 mm handgun," the HPD said. After a struggle, officers were able to subdue Stubbs and he was taken into custody.
Stubbs pleaded guilty Friday to having weapons under disability. As a result of the plea, the assault charge was dismissed. He had been scheduled to stand trial Monday.
Highland County Prosecutor Anneka Collins recommended that Stubbs be sentenced to three years in prison, which is the maximum penalty for the charge under Ohio's House Bill 86, which went into effect Friday.
Collins said that the court was, "very familiar with the defendant's prior criminal history" and she felt that the maximum penalty was necessary in the case. She also explained the factors behind the state's decision to dismiss the felonious assault charge.
"In prepping this case for trial this week I discovered that the evidence will show that the defendant had a gun in his waistband, as we submitted today, and that he pulled the gun out of his waistband as officers approached him," Collins said. "However, he never pointed that gun at anyone and he dropped it on the ground (when officers deployed tasers)."
Collins said that an Ohio Supreme Court ruled in a similar case that such evidence is insufficient to prove an attempt to a cause physical harm with a deadly weapon, and under the law she felt it was necessary to dismiss the charge.
Pagan said that the defense agreed with the state's statement of fact, and that was why they had initially planned to proceed to trial, because they felt there was insufficient evidence.
"It was the intent in this case to get rid of the gun," Pagan said, not to threaten the officers with it.
Coss sentenced Stubbs to the maximum sentence of three years in prison.
"It is the correct sentence due to your criminal history," Coss said.
Coss said that Stubbs has had prior felony convictions and served prior prison terms, including charges of theft, forgery and drug possession. Stubbs had appeared in the custody of the Highland County Sheriff's Office, and he is to begin serving the sentence immediately.
A South Salem man who was arrested last fall and charged with attempting to assault police officers with a firearm has pleaded guilty to having weapons under disability. The state dismissed a charge of first-degree felony felonious assault, citing insufficient evidence.
Justin Stubbs, 33, was indicted in March on one count of felonious assault with a firearm specification, a felony of the first degree; and one count of having weapons while under disability, a felony of the third degree. On Friday, he appeared in Highland County Common Pleas Court with his attorney James Pagan.
As previously reported in The Highland County Press, Stubbs was arrested Aug. 28, 2010 after the Ohio State Highway Patrol attempted to make a traffic in Hillsboro, when an individual allegedly fled the vehicle. That individual was ultimately identified as Stubbs. The OSHP called for assistance from the Hillsboro Police Department. According to the HPD, the driver of the vehicle said Stubbs was "on the run from the law" and was armed with a handgun. It was believed Stubbs had fled to a residence on Willow Street.
As officers approached the Willow Street residence, two people were noticed near a vehicle in the driveway. When approached, Stubbs fled on foot, according to the HPD. Officers used tasers on Stubbs, "to no avail," according to the HPD. As officers continued to attempt to apprehend the suspect, Stubbs "reached for his waistband and attempted to remove a 9 mm handgun," the HPD said. After a struggle, officers were able to subdue Stubbs and he was taken into custody.
Stubbs pleaded guilty Friday to having weapons under disability. As a result of the plea, the assault charge was dismissed. He had been scheduled to stand trial Monday.
Highland County Prosecutor Anneka Collins recommended that Stubbs be sentenced to three years in prison, which is the maximum penalty for the charge under Ohio's House Bill 86, which went into effect Friday.
Collins said that the court was, "very familiar with the defendant's prior criminal history" and she felt that the maximum penalty was necessary in the case. She also explained the factors behind the state's decision to dismiss the felonious assault charge.
"In prepping this case for trial this week I discovered that the evidence will show that the defendant had a gun in his waistband, as we submitted today, and that he pulled the gun out of his waistband as officers approached him," Collins said. "However, he never pointed that gun at anyone and he dropped it on the ground (when officers deployed tasers)."
Collins said that an Ohio Supreme Court ruled in a similar case that such evidence is insufficient to prove an attempt to a cause physical harm with a deadly weapon, and under the law she felt it was necessary to dismiss the charge.
Pagan said that the defense agreed with the state's statement of fact, and that was why they had initially planned to proceed to trial, because they felt there was insufficient evidence.
"It was the intent in this case to get rid of the gun," Pagan said, not to threaten the officers with it.
Coss sentenced Stubbs to the maximum sentence of three years in prison.
"It is the correct sentence due to your criminal history," Coss said.
Coss said that Stubbs has had prior felony convictions and served prior prison terms, including charges of theft, forgery and drug possession. Stubbs had appeared in the custody of the Highland County Sheriff's Office, and he is to begin serving the sentence immediately.