|
From Friday |
|
Gillmor honored by Ohio Farm Bureau |
|
WSU-LC offers trip through Greece |
|
From Thursday |
|
Ownership of firearm still unresolved
Forfeiture of a firearm used in a fatal hunting accident in Van Wert County
early last year has been overturned on appeal. The Ohio 3rd
District Court of Appeals vacated a judgment by Judge Charles D. Steele
ordering forfeiture of the firearm, and remanded the case to Van Wert County
Common Pleas Court for rehearing. The unanimous decision was written by
Judge Stephen Shaw to an appeal filed by Troy Clark, who asked that the
firearm be returned to its owner, Clark’s father. Judge Steele had decided
that the Ohio Department of Natural Resources’ Division of Wildlife would
retain the weapon until the expiration of Clark’s right to appeal or, if
Clark did appeal, until a decision was rendered. Clark was sentenced to 180
days in jail and fined $1,000 related to his conviction on a charge of
negligent homicide, a first-degree misdemeanor offense. Clark, who pleaded
“no contest” to the charge, was convicted of causing the death of Trevor
Ellerbrock in connection with a hunting accident that occurred January 15,
2006. In his ruling, Judge Shaw noted that the relevant Ohio law on
forfeitures of items used in a criminal offense at the time of Judge
Steele’s decision permitted denial of Clark’s motion for return of the
firearm, although the law was expressly held by the Ohio Supreme Court to
not be a “forfeiture law,” but instead deals with property that has been
seized and is in the custody of a law enforcement agency. Moreover, a new
law that supercedes the old one, while allowing forfeitures under certain
conditions, includes more stringent procedural obligations for those seeking
forfeiture. The new Ohio Revised Code section, which went into effect July 7
of this year, must be followed for any cases filed after that date, or those
pending on that date, which applies to the Clark case. Shaw ruled that, on
the basis only of the new procedural requirements, the case should be
remanded to the trial court and that the proper procedural requirements be
followed “to determine the disposition of this weapon, according to (state
law).” Shaw did note that the new law also allows for forfeiture of property
“used in the commission of certain offenses under certain conditions, which
may or may not include the defendant in this case.” |
|
Woman who stole $10,000 sentenced
11/29 |
|
2 charged with Paulding man's death Two
Paulding County men – one of whom was arrested in Van Wert – faces charges
in connection with the death of a Paulding man earlier this month. Brandon
L. Berridge, 19, of Oakwood, was arrested on one count each of involuntary
manslaughter and tampering with evidence, while James Graves, also 19, of
Paulding, was charged with one count of involuntary manslaughter. The
charges were filed by the Paulding Police Department. The charges were filed
in connection with the death of 46-year-old William Reynolds on November 17.
Reynolds’ body was discovered in Paulding alongside a village street early
that morning after police received a call that someone was lying in the
grass alongside the street. Graves was arrested by Van Wert police on
November 21 and turned over to Paulding authorities. Berridge was taken into
custody two days later. Both are incarcerated in the Paulding County Jail. |
|
From Wednesday
CHP breaks ground on hospice facility |
|
Judge Fortney seeking re-election Judge Rex Fortney has filed
petitions for re-election to his fifth term as judge of the Court of Common
Pleas, Probate and Juvenile Division. Judge Fortney, 57, has served in this
position since 1985. The Probate Court is responsible for administration of
estates, guardianships, adoptions, change of names, mental illness
hospitalizations, and marriage licenses. The Juvenile Court handles cases
involving juveniles who are charges with delinquency, unruly, and traffic
citations as well as handling neglect, dependency, and abuse case. In
addition, Juvenile Court establishes paternity in cases of unmarried parents
and enforcement of child support related to paternity cases. In 2006, the
combined number of cases handled by both courts was approximately 1,500
different cases. The Juvenile Court receives more than $150,000 in grant
money from the Ohio Department of Youth Services to assist in providing a
wide variety of programs to the young people of the Van Wert County. Judge
Fortney has also overseen a conversation of the court from all paper- and
hand-prepared dockets and records to a complete computerization of the
office. Further, all court offices were moved into more efficient and
secure facilities located in the Court Annex building in 2003. Judge Fortney
serves on several committees and has been invited to teach several courses
for the Ohio Judicial College. He has presented the annual juvenile case
review for all juvenile judges for more than 20 years. He also has been
involved with new judges school, Department of Youth Services task force,
and is on the supervisory board for the Northwest Ohio Residential Center at
Bowling Green. Judge Fortney is a graduate of Crestview High School,
Bluffton College (now Bluffton University), and Ohio Northern College of
Law. He has been a licensed attorney since 1975 and previously served as
city law director for Van Wert and was in private practice prior to becoming
judge. He is a member of First Presbyterian Church of Van Wert and
completed a lay ministry program conducted by the United Church of Christ.
Judge Fortney and his wife, Beverly, a kindergarten teacher for Van Wert
City Schools, have two children: Laura, an attorney for Squire, Sanders &
Dempsey in West Palm Beach, Fla., and Ryan, an auditor for the Ohio Auditor
of State’s office in Columbus. |
|
Deputies charge county teen with theft |
|
From Tuesday |
|
Nutcracker
production holiday present |
|
Sheriff Stan Owens files for re-election |
|
From Monday
Members of Van Wert City
Council will be meeting as a committee of the whole to discuss a plan to
continue the current division of duties within the city law director’s
office. The meeting will begin at 6:30 p.m. in Council Chambers, located on
the second floor of the Municipal Building, 515 E. Main St. The law
director’s duties are currently divided between Paulding attorney Timothy
Pieper, who acts as city prosecutor in Van Wert Municipal Court and Shaun
Putman, who provides legal advice to city officials and also prepares
ordinances for City Council. The current situation came about when no one
stepped forward to be law director when Jill Leatherman resigned the
position to take a job with Central Insurance Companies. Legislation that
would continue Pieper’s services as city prosecutor, while law
director-elect Gregory Unterbrink would perform Putman’s duties and also
provide supervision for Pieper, is up for its second reading tonight. The
legislation has at least one opponent on Council, while others appear to
have some concerns about the proposal. Councilman At-Large Trevor Bebout has
spoken out in opposition of the measure, which would mean a change from the
traditional role of the law director as both city prosecutor and the city’s
legal counsel. Other city officials support the change, since the duties of
the law director have, in the past, often proved too much for a single
person to handle. There is also the cost factor. The current contracts with
Putman and Pieper are costing the city an additional $26,000 over having
just a law director, while the proposed plan would cost $52,000 more than it
would cost to have a law director only – and an additional $26,000 over the
current contracted division of duties. Following the committee-of-the-whole
meeting, City Council will meet for its second regular meeting of the month.
That meeting will include administrative reports and reports from Council’s
committee chairs, as will as a review of pending legislation, which includes
seven measures up for their second reading on Monday. |
|
ID needs relaxed for license renewals |
|
Bankers give Gillmor service award |
|
Teens, adult face criminal charges |
|
From Friday 11/23 |
|
Pair get prison terms in Common Pleas
In addition to the above
cases, Timothy A. Hittle, 26, of Alden, Mich., pleaded not guilty to a
charge of theft, a felony of the fifth degree, during an arraignment hearing
this week. Hittle was indicted on the charge by a grand jury back in
November 2005. The indictment stems from a city police investigation of a
theft-related incident that occurred in July 2005. Hittle was released on a
$5,000 unsecured personal surety bond and a pretrial hearing scheduled for 8
a.m. Tuesday, November 26. |
|
Corn Performance Test results online |
|
From Wednesday |
|
Hunters' help sought for ash borer |
|
Ag Society to host cornhole tourney |
| From Tuesday Reinhart pleads guilty to felony counts Luke Reinhart's trial ended Monday morning before it began as Reinhart entered guilty pleas to two counts of aggravated vehicular homicide. Assistant Prosecutor Martin Burchfield recommended that Reinhart serve two four-year prison terms on the third-degree felony offenses, with credit for time served on his previous prison terms. The defendant would be eligible for parole after serving five years of his sentence, barring any charges filed against him while in prison. Reinhart, 28, was to go to trial Monday for the second time on the felony charges, which were filed in connection with the traffic deaths of Kristian and Jade Amweg. The charges, both third-degree felonies, each carry a maximum sentence of five years in prison and a fine of up to $10,000. The Amwegs were killed in an accident that occurred September 3, 2005, when Reinhart's sports utility vehicle broadsided their car at the intersection of Dull-Robinson and Wren-Landeck roads. Reinhart was alleged to have been drinking at the time of the crash, and Assistant Prosecutor Martin Burchfield said he would have so stipulated if Reinhart's trial had gone forward Monday morning. The Amwegs' three children were orphaned by the fatal crash and are being raised by their grandparents. Burchfield said the family had been consulted before the plea bargain agreement was agreed to. Judge Charles D. Steele said he sympathized with the family of the victims for the length of the case, after Reinhart's first conviction was overturned on appeal to the Ohio 3rd District Court of Appeals on a technicality after Reinhart had served just eight months of his sentence. "I understand this has been a trying time for everyone involved in this case," Judge Steele said, noting that he "well understood the turmoil this has caused." The judge, who set sentencing in the case for 9 a.m. January 2, 2008, also gave Reinhart credit for time served prior to his first conviction being overturned, giving the defendant 4 years and 4 months yet to serve.. Updated 11/20 |
|
VW school board discusses tax issue |
|
Adams files petitions for re-election |
|
CHP celebrating Nat'l Hospice Month |
||
|
||
| 11/20 |
|
From Monday |
|
City Council to look at safety projects |