By Kimberly Pistone
For the Sidney Daily News
SIDNEY – The Shelby County Common Pleas Court recently handed down several sentences for attempted strangulation, violating protection order, and attempted grand theft of a motor vehicle, among other charges.
Kane A. Fitzgerald, 19, of Sidney, was sentenced to community control not to exceed five years, with 11 days of jail credit granted, on one count of attempted strangulation, a first degree misdemeanor, and one count domestic violence, a first degree misdemeanor. Additionally, Fitzgerald must successfully complete drug and alcohol counseling, successfully complete Batterer’s intervention, must successfully complete a parenting class, must successfully complete Thinking for a Change/Decision Points, and must successfully complete mental health counseling. Fitzgerald was indicted on one count strangulation, a fourth degree felony, and one count domestic violence, a first degree misdemeanor, for putting his arm around the neck of an adult female family member making it difficult for the victim to breathe, holding the victim to the ground, and biting her ear.
Danny L. Cannon, 39, currently in the Shelby County Jail, was sentenced to 17 months in prison and 180 days concurrent, with 93 days of jail credit granted, on one count violating protection order, a first degree misdemeanor, and one count domestic violence, a fourth degree felony. Cannon was indicted on one count intimidation of a witness in a criminal case, a third degree felony, one count violating protection order, a first degree misdemeanor, and two counts domestic violence, a fourth degree felony, for threatening an adult female victim after the victim had criminal charged filed against him for domestic violence, being at the protected party’s address in violation of a protection order, punching the victim in the face and pushing her off the porch, after a previous conviction of simple family battery in Georgia. Two counts were dismissed.
Joshua E. Jenkins, 36, currently in the Shelby County Jail, was sentenced to 11 months in prison, with 87 days of jail credit granted, on one count of attempted grand theft of a motor vehicle, a fifth degree felony. Jenkins was indicted on one count grand theft of a motor vehicle, a fourth degree felony, for knowingly stealing a 2007 Chevrolet Silverado.
David J. Marlow, 29, of Sidney, was sentenced to five years community control, with no days of jail credit granted, on three counts of theft, a fifth degree felony. Additionally, Marlow must successfully complete treatment at West Central Community Correctional Facility (WCCCF), upon completion of treatment at WCCCF, he must reside in a half-way house, and he must pay restitution of $7,389, owed joint with all other convicted co-defendants. Marlow was indicted on three counts of theft, a fifth degree felony, three counts aggravated possession of drugs, both fifth and fourth degree felonies, one count possessing criminal tools, a fifth degree felony, two counts trafficking in drugs, a fifth degree felony, and one count possession of drugs, a third degree felony, for stealing catalytic converters, methamphetamine and Fentanyl. Seven counts were dismissed.
Madge M. Stanley, 21, of Sidney, was sentenced to continue her community control sanctions after violation of the terms and conditions. Additionally, Stanley must serve 30 days in the Shelby County Jail on work release. Stanley was convicted on one count of theft, a first degree misdemeanor, for stealing a sweatshirt from an adult female victim and causing physical harm while fleeing in a vehicle.
James Tuttle, 46, of Dayton, was sentenced to 24 months and 18 months in prison, concurrent, with 320 days of jail credit granted, after violating terms and conditions of his community control sanction. Tuttle was convicted of aggravated trafficking in drugs, a third degree felony and possession of drugs, a fourth degree felony, for methamphetamine and LSD.
Jonathan A. Thorpe, 27, of Sidney, was sentenced to continue his community control sanctions after violation of the terms and conditions. Additionally, Thorpe must serve 15 days in the Shelby County Jail on work release and upon his release reside in a recovery home. Thorpe was convicted on two counts trafficking in drugs, a fourth degree felony, and one count trafficking in drugs, a third degree felony, for selling or offering to sell marijuana in the vicinity of a school, and for having between 200 grams and one kilogram of marijuana in the vicinity of a school.
David T. Gipson, 42, of Jackson Center, was sentenced to 18 months in prison after violating terms and conditions of his community control sanction. Gipson was convicted on one count aggravated possession of drugs, a fourth degree felony, for methamphetamine.
Nicholas R. Spurlock, 39, of Cincinnati, was sentenced to five years community control, with three days of jail credit, on one count of possessing criminal tools, a fifth degree felony. Additionally, Spurlock must pay a fine of $200, successfully complete drug and alcohol counseling, and must successfully complete Thinking for a Change/Decision Points. Spurlock was indicted on one count trafficking in drugs, a third degree felony and one count possessing criminal tools, a fifth degree felony, for marijuana in an amount between 5,000 grams and 20,000 grams, and bags for storing, transporting and abusing marijuana. One count was dismissed.
Sean L. Balensiefer, 45, of Sidney, was sentenced to five years community control, with 47 days of jail credit granted, on one count of aggravated possession of drugs, a fifth degree felony, and one count possession of drugs, a fifth degree felony. Additionally, Balensiefer must successfully complete treatment at a community based correctional facility (CBCF), after completion of the CBCF he is to reside at the Star House, must successfully complete the Thinking for a Change program and must obtain and maintain employment. Balensiefer was indicted on one count aggravated possession of drugs, a fifth degree felony, one count possession of drugs, a fifth degree felony, and one count possessing criminal tools, a fifth degree felony, for methamphetamine, Fentanyl and a digital scale. One count was dismissed.
