Madison County Common Pleas Court Judge Eamon Costello set a $10,000 bond for a London man charged with theft and forgery after the judge suspected the defendant was high in court Thursday morning.
Kevin Michael Rayburn, 25, of London, is charged with one count of forgery and one count of theft, both fifth-degree felonies, for forging an $85 check from a friend of his mother.
Rayburn attended his informal pretrial hearing Thursday morning. He was taken into custody when he arrived at court for violating his bond, which required him to remain in his residence.
Rayburn’s attorney, Seth Schertzinger, requested intervention in lieu of conviction. Schertzinger cited Rayburn’s “candor” in admitting that marijuana and opiates would appear in a drug test and Rayburn’s action in appearing at court though he knew he would be arrested.
Schertzinger said Rayburn violated his bond to fill a medical prescription at Kroger in London.
“These are all indications he is an addict and he does appear to be a candidate” for the treatment intervention program, Schertzinger said.
Assistant Prosecuting Attorney Nick Adkins called out the defense for “deceptive representations.” Adkins cited a report from the law enforcement officer who observed Rayburn outside his residence in which the officer stated that Rayburn left Kroger and traveled to Columbus.
When Costello questioned Rayburn directly, Rayburn hesitated in his responses. Costello asked Rayburn if he was high.
Rayburn said he was just “extremely nervous.”
Costello was not convinced.
“Your responses are delayed, your eyes are dilated, you look like you’re under the influence of a substance,” he said.
He denied Schertzinger’s motion for intervention in lieu of conviction.
“There’s no point going down this road if he’s not ready,” Costello said.
Rayburn could face two years in prison and $5,000 in fines.
Reach Audrey Ingram at 740-852-1616, ext. 1615 or on Twitter @Audrey.MP