Attorney asks judge to reconsider sentence

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By Kimberly Pistone

For the Sidney Daily News

SIDNEY – The Shelby County Common Pleas Court recently handed down several sentences for attempted aggravated assault and attempted domestic violence, among other charges.

Preston M. Miles, 19, of Greenville, was sentenced to five years of community control, with no days of jail credit granted, on one count of attempted aggravated assault, a fifth degree felony. Additionally, Miles must pay a fine of $200, must successfully complete a psycho-sexual evaluation and treatment, must have no contact with the victim, and must maintain employment. Miles was indicted on one count of unlawful sexual conduct with a minor, a fourth degree felony, for engaging in sexual conduct with a 14-year-old female victim. Miles’ attorney has requested the court to reconsider his sentence because the condition of undergoing a psycho-sexual evaluation is a condition for sex offenders and Miles was not convicted on a sexual offense. There is a hearing scheduled on Nov. 29 regarding this reconsideration.

Dwayne A. Hubbard, 36, of Sidney, was sentenced to five years community control, with eight days of jail credit granted, for one count of attempted domestic violence, a fifth degree felony. Additionally Hubbard must successfully complete treatment at a community based correctional facility and must successfully complete a batterer’s intervention. Hubbard was indicted on one count of domestic violence, a third degree felony, for causing physical harm to an adult female victim with whom he was cohabitating after previous convictions of domestic violence.

Brian C. Mader, 39, of Bradford, was sentenced to 11 months in prison, with 23 days of jail credit granted, on one count of receiving stolen property, a fifth degree felony. Additionally Mader must pay restitution of $330.89 to Farmers & Merchants State Bank. Mader was indicted on the same charge, for receiving and retaining a credit card that he had reasonable cause to believe had been stolen.

Frederick L. Hilyard, II, 32, of Sidney, was sentenced to 12 months and 17 months in prison, concurrent, with 306 days of jail credit granted, after violating terms and conditions of his community control sanction. Hilyard was convicted on one count of aggravated possession of drugs for one count of aggravated possession of drugs, a fifth degree felony, and one count of aggravated trafficking in drugs, a fourth degree felony, for methamphetamine.

Keisonn Pate, Jr., 23, of Dayton, was sentenced to five years community control, with one day of jail credit granted, for trafficking in drugs, a third degree felony, Additionally Pate must successfully complete drug and alcohol counseling and must successfully complete the Thinking for a Change program. Pate was indicted on two counts of trafficking in drugs, a second degree felony, and one count of possessing criminal tools, a fifth degree felony, for marijuana (between 20 and 40 kilograms), hashish (equal to or exceeding 2 kilograms) and bags and jars for storing, transporting and abusing marijuana and hashish. Additionally, $534 seized by law enforcement was determined to be contraband and is forfeited to the Sidney Police Department. Also, a 2014 Honda Accord is forfeited and will be sold at a public auction.

Scott David Travis, 59, of Sidney, was sentenced to five years community control, with 13 days of jail credit granted, on two counts of trafficking in drugs, a fourth degree felony. Additionally, Travis must be successfully complete treatment at a community based correctional facility and must successfully complete the Thinking for a Change program. It is further specified that the Sidney Police Department is also authorized to dispose of a HiPoint 9mm handgun and ammunition. Travis was indicted on one count of trafficking in drugs, a third degree felony, two counts of trafficking in drugs, a fourth degree felony, and one count of having weapons while under disability, a third degree felony, for hashish (between 50 and 200 grams in a liquid concentrate, between 10 and 50 grams hashish in solid form), marijuana (between 200 and 1000 grams) and having a Hi-Point 9mm handgun after a previous conviction of aggravated burglary. Travis’ attorney has requested the Court to reconsider his sentence because Travis has a legitimately issued medical marijuana card and tested positive only for marijuana during his pre-sentence investigation. There is a hearing scheduled on Nov. 29 regarding this reconsideration.

Jeremy R. Sears, 32, of Hustonville, Kentucky, was sentenced to serve 11 months in prison, with 15 days of jail credit granted, after violating terms and conditions of his community control sanction. Sears was convicted on one count of attempted aggravated assault, a fifth degree felony. Sears was indicted on one count of unlawful sexual conduct with a minor, a fourth degree felony, for having sexual intercourse with a 13 year old juvenile.

Jeffrey A. Meyer, 39, currently in the Shelby County Jail, was sentenced to continue his community control sanctions, with no days of jail credit granted, after violation of terms and conditions of his community control sanction. Additionally, Meyer must serve 90 days in the Shelby County Jail on work release. Meyer was convicted on one count of attempted domestic violence, a fifth degree felony, for causing physical harm to the person with whom he was cohabitating after a previous conviction of domestic violence.

Joseph J. Damico, 58, of Sidney, was sentenced to 12 months in prison, with 156 days of jail credit granted, after violation of terms of his community control sanction. Damico was convicted on one count of aggravated possession of drugs, a fifth degree felony, and one count of possessing criminal tools, a fifth degree felony, for methamphetamine, a container and pipes.

David T. Gipson, 42, of Jackson Center, was sentenced to five years community control, with 14 days of jail credit granted, for one count of aggravated possession of drugs, a fourth degree felony. Additionally, Gipson must successfully complete treatment at the Phoenix Counseling Center, successfully complete drug and alcohol counseling, successfully complete mental health counseling, successfully complete a Sober Living Facility, must successfully complete the Thinking for a Change program, and must obtain and maintain employment. Gipson was indicted on one count of aggravated possession of drugs, a third degree felony, one count of possessing criminal tools, a fifth degree felony and one count of falsification, a first degree misdemeanor, for methamphetamine, baggies, and making false statements to law enforcement in order to obscure his identity. Two counts were dismissed.

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