A Columbus woman pleaded guilty to two felony counts in Madison Common Pleas Court Thursday morning.
Roselle Irene Mishkind, of Columbus, was originally indicted with four felony counts, but pleaded guilty to a single felony count of operating a motor a vehicle under the influence of alcohol or drug of abuse, and one felony count of harassment with a bodily substance. She was represented by well-known Columbus attorney Sam Shamansky.
The charges stem from an incident which occurred on Aug. 18 in Plain City.
According to the police report, around 9:21 p.m. that evening, Sgt. Tharon Prather and Officer Joshua Hirtzinger were dispatched to South Jefferson Avenue near West Main Street in reference to a complaint about an erratic driver in a silver Kia Soul.
Hirtzinger observed a car fitting that description traveling southbound on South Jefferson Avenue with its high beams on and initiated a traffic stop.
The driver, later identified as Miskind, smelled distinctly of alcohol.
Mishkind appeared disoriented — she gave different answers when asked the timeframe of her last drink, and attempted to give a credit card when asked to produce her driver’s license. “What do you want with my credit card?” she responded.
As to why she was driving with her high beams on, she said she didn’t understand how to operate the vehicle because it was a rental.
When told by Hirtzinger that he had received complaints about her driving, Mishkind reportedly told him, “I don’t give a ——!”
Mishkind was asked to step out of the car to perform field sobriety tests, but had difficulty extracting herself from her seatbelt.
When asked once again how much she had had to drink, she informed the officers her granddaughter had died from a heroin overdose.
She was brought to the front of the car with some assistance from Prather and Hirtzinger. Mishkind claimed she could not stand on one leg for testing due to arthritis. The officers could not adequately perform a Horizontal Gaze Nystagmus test on her because she was so unsteady on her feet.
“I can’t, I really can’t,” Mishkind is reported to have said.
Mishkind was then arrested, handcuffed, and placed in the back of the police car.
Upon arrival at the station, Mishkind began kicking the partition between the front and back seats. She also threatened to kick Hirtzinger in the “mother——ing face” and give him a bloody nose.
The 60-year-old woman remained combative and refused to move her feet outside the vehicle.
When Hirtzinger reached to assist in moving her feet for her, Mishkind spat a gob of phlegm in his face, landing a shot of it to the right cheek and lip area.
While being escorted into the building, she threatened to smack the officers faces and continued to hurl vulgarities at them.
Mishkind advised the officers to eat a certain part of the male anatomy, and told them she wished she had AIDS.
She also continued spitting — necessitating Sgt. Prather to place his hand over her mouth to prevent it for a moment.
Mishkind was uncooperative with attempts to use a breathalyzer.
When the officers were going to transport her to Tri-County Regional Jail, Mishkind managed to kick Prather in the chest before she was somewhat subdued with leg restraints.
At Tri-County, Mishkind told officers there that she would not cooperate with the booking process.
This is Mishkind’s fourth drunk driving related violation that she has pleaded to or been convicted of since 2014.
Sentencing is scheduled for Feb. 2, after a pre-sentencing investigation is completed.
For both charges combined, Mishkind faces the possibility of 42 months in the penitentiary and $13,000 in fines.
She must serve 60 days as a minimum by law. Her driver’s license must also be suspended for a minimum of three years.
Reach Andrew Garrett at 740-852-1616, ext. 1616.
RECOMMENDED FOR YOU