Despite some discrepancies, enough evidence was found to sentence a Guernsey County man to 30 days in jail for violating his community control, which was also extended by a year.
Justin C. Beane, 27, of Kimbolton, appeared in Madison County Common Pleas last Friday over violating terms of his two-year community control which resulted from a guilty plea over drug trafficking charges.
In early June, Beane was arrested by the Ohio Highway Patrol on June 5 in Guernsey County for DUI and possession of drug paraphernalia. The report states Beane admitted to using synthetic marijuana.
Then on June 23, an amended affidavit by the Guernsey County probation department stated Beane tested positive for synthetic marijuana known as “K2 Spice.”
The synthetic drug, which is a man-made chemical mixed with regular herbs, tobacco and reportedly sometimes grass clippings is known to mimic the effects of THC in cannabis but unlike the controversial drug, spice has been shown to cause numerous health problems and can be overdosed to a toxic level, causing death. Often, the chemicals have not been tested or are mixed with those proven harmful to humans.
However, when he was arrested, he did not test positive.
Steve Fox, Beane’s attorney said there was not enough documentation to prove any of the offenses in the affidavit had occurred on June 23.
With all of the other information available, Judge Eamon Costello said that he found Beane in violation of his community control.
“The evidence supports the finding [Beane] violated [his] curfew,” said Costello. “Additionally while there was indeed confirmation on a drug screen it don’t indicate any of the results for substances which were tested, the totality of the circumstances indicates two things of significance to me … there indeed is a gap of 20 days that can account for a negative result, so the test results are irrelevant to the court … ultimately the matter is resolved by [Bean’s] statement [to the trooper] acknowledging smoking marijuana three hours prior to contact.”
Costello also noted the seriousness of drug trafficking offenses meant he had to give some sort of consequence for Beane’s actions.
Other cases heard on Friday:
• Jonathan Morris, 44, of West Jefferson, was given a second chance with an intervention in lieu of conviction, giving Morris a chance to combat alcohol addiction instead of being convicted and sentenced to between six and 18 months in prison.
Initially, the motion for an intervention was overruled by Costello, citing Morris’ extensive criminal history.
Morris claimed that the prior charges were actually his brother who used his identity. This was later confirmed after an investigation.
Morris faced felony charges of aggravated possession of drugs and improperly handling a firearm.
• Cathy Brown, 59, of London, appeared in court for a community control violation over failing to pay off restitution to Subway Inc. for stealing more than $2,000 in property or services from the company. In late May 2015, she pleaded guilty to a single count of theft.
She is set to appear in court again on Aug. 24.
• Shantel Rhodes, 27, of Springfield, was sentenced to nine months in prison for a single third-degree felony count of illegal conveyance of drugs.
In September 2014, Rhodes was visiting the father of her child, who was an inmate at Madison Correctional Institution, when she managed to give him three bundles of buprenorphine, an opiate also known as suboxone.
• Justin M. Snyder, 21, of Marion, pleaded guilty on a fifth-degree felony count of unauthorized use of a vehicle. The prosecution is recommending a sentence of community control.
He is scheduled to be sentenced on Aug. 17.
Maximilian Kwiatkowski can be reached at 740-852-1616, ext. 1617, or on Twitter @msfkwiat.