MOUNT VERNON — Wednesday’s Knox County Common Pleas Court hearings performed the criminal justice system’s multiple functions at a glance, from rehabilitation, protecting public safety and restitution to punishment.
Of two men sentenced, one will serve out a prison term and the other pledged to reform in community control.
Andruw Carl, 24, Fredericktown, pleaded guilty to robbery, a second-degree felony, and assault on a peace officer, a fourth-degree felony. The charges were related to a January incident in which Carl, with a co-defendant, forcibly removed and robbed a victim of their shoes in Mount Vernon.
McConville recommended a minimum prison sentence of two years for the robbery charge and 17 months for the assault on a peace officer charge.
Carl was initially charged with two counts of robbery and two counts of assault for the January incident. As part of the plea agreement, the second robbery and the two assault charges were dismissed.
McConville noted that this case was the “object of considerable negotiation back and forth” between the prosecutor’s and public defender’s offices and implored the judge to accept the recommendation.
Public Defender John Pyle submitted that Carl’s offenses were results of chronic poor judgment and impulsive acting out.
“I mean, robbing shoes. That just says it,” Pyle said.
Pyle agreed that the negotiated sentence recommendation was appropriate and hoped the court would accept.
Judge Richard Wetzel accepted the recommendation and sentenced Carl to a two to a three-year indefinite prison term for the robbery and 17 months for the assault on a peace officer charge. The sentences are to be served consecutively with 99 days credit for time served.
Wetzel noted that he found the sentences to be appropriate and consistent to protect the public and prevent future crimes, as well as punishing the offender, in Carl’s case.
Evan Posey, 20, Mount Vernon, pleaded guilty to aggravated possession of drugs, a fifth-degree felony, obstruction of justice, a fifth-degree felony, and domestic violence, a first-degree misdemeanor. Posey, a new father, said he has been clean since the initial incident and is committed to keeping drugs out of his and his child’s life.
“Drugs is not a problem anymore. I don’t want that no more,” Posey said. “I don’t want to be looked at as — Posey to be a lost name.”
Public Defender John Dankovich said that Posey looked “like a zombie” when he was first arrested in November and has made significant progress since then, including holding down a job. Dankovich noted that, if given a community control, a Freedom Center treatment program is available for Posey.
Posey explained that he has been working and accruing small savings intended for housing later. He offered that, in addition to substance abuse, he would like to work on his anger management issues with the Freedom Center.
Posey was initially indicted for aggravated possession of drugs, a fifth-degree felony, domestic violence, a first-degree misdemeanor, assault on a peace officer, a fourth-degree felony, resisting arrest, a second-degree misdemeanor, and illegal use or possession of drug paraphernalia, a fourth-degree misdemeanor.
As part of the plea agreement, the resisting arrest and drug paraphernalia charges were dismissed and the assault on a peace officer charge was reduced to obstruction of justice.
Posey has a misdemeanor domestic violence charge currently in municipal court. However, Dankovich said Posey had an alibi for the charge and expects the matter to be resolved soon.
Posey was sentenced to two years of community control, in addition to a $155 restitution to the Knox County Sheriff’s Office. Wetzel also issued a no-contact order prohibiting Posey from contacting the domestic violence victim until he had completed his anger management or family counseling program.
The defendants appeared by video and waived their rights to be personally present in court for sentencing, because the court remains under COVID-19 temporary orders with restricted access.
