Despite the wishes of the victim, a London man will be sent to prison for violating a protection order.
At Madison County Common Pleas court Friday, Billy D. Dixon, 31, of London, was sentenced to seven months in prison, with optional post-release control.
On May 26, he pleaded guilty to breaking a protection order his mother had against him, a fifth-degree felony.
Through an agreement with Assistant Prosecutor Nicholas Adkins, the prosecutor asked Judge Eamon Costello to put him on community control instead of a prison sentence, which can range from six to 12 months in a penitentiary. After that hearing, Adkins noted to The Press that it was up to the judge’s discretion, however.
In early April, Dixon was found by London Police inside his mother’s home, a direct violation of the order.
Thomas Arrington, Dixon’s attorney mentioned that Mrs. Dixon had picked up her son from prison and allowed him to stay in her house for a time, which he felt was a mitigating factor.
“We feel this is not the most severe version of this offense,” he said. “That being said it is a violation and we recognize there will be sentencing for that violation.”
Arrington argued that Dixon wished to turn his life around after his most recent prison sentence and return to society, arguing for a community control sentence.
Adkins also recommended community control, not only per the agreement but that he also felt it was not the most severe violation, lacking any violent act or verbal threats and that the victim wanted that sentence, as well.
Mrs. Dixon spoke before the court, saying that she couldn’t bear to see her son return to prison as it wouldn’t do him any good.
Costello asked her if she had seen any improvement and why she wanted him to avoid prison.
“I don’t know, I hope he can grow up a little,” she said. “He has two beautiful children of his own.”
While making his decision, Costello mentioned Dixon’s list of prior convictions and cases dating back to 2004, which Costello described as “extensive.” He noted a number of probation violations, some of which involved multiple violations for the same case.
“You’ve been down this road before. Too many times,” he said. “You come with tons of baggage.”
He also noted that Dixon had previous protection order violations, and should have been aware to not make contact with his mother.
“If she invites you over, that doesn’t change that order,” said Costello. “She can petition the court to lift the order. The violation is on you.”
Costello also noted that this was a common occurrence between family members who put protection orders on each other, and that there was “no shortage of parents” involved in similar situations.
Another criminal case heard on Friday was that of Justin M. Snyder, 21, of Marion, who was arraigned on one fifth-degree felony count of unauthorized use of a vehicle.
He is set to appear in court July 6.
Maximilian Kwiatkowski can be reached at 740-852-1616, ext. 1617 or on Twitter @MSFKwiat.
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