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Harris gets 3 years for attempted
drug illegal manufacturing
By
Bob Robinson
GREENVILLE
– On July 30 Robert Harris pleaded guilty to attempted
illegal manufacture of drugs (methamphetamine) in the vicinity of a
juvenile, a
second degree felony. On Aug. 19 he was sentenced to three years in
prison,
placed in handcuffs and remanded to the custody of the Darke County
Sheriff’s
Office.
Darke
County Prosecutor R. Kelly Ormsby told Darke County Common
Pleas Judge Jonathan Hein the state is recommending four years.
“There
were two juveniles in the house,” Ormsby said. “If it
hadn’t been for that, the officers would have waited until the
manufacturing
had already started,” noting the charge would have been different.
“Harris was
stopped before the manufacturing started due to a concern for the
safety of the
children.”
Hein
had noted this was Harris’ first felony. Ormsby acknowledged
it, but added the right message must be sent… “this will not be
tolerated.”
Harris’
attorney Paul Wagner, referring to the circumstances of
the arrest, asked the court not to give too much credence to things
speculative
in nature. While prison is not mandatory, “We agreed to recommend two
years. We
hope that sometime down the road my client can enter a treatment
program.”
Ormsby
allowed judicial release from prison may be requested but
the state would oppose anything less than two years.
Hein
listed off the defendant’s use of drugs, including marijuana,
cocaine, methamphetamines and heroin, adding Harris was a high risk for
recidivism in most categories.
“When you committed this
act, did you think about what would happen if you got caught?” Hein
asked
Harris.
“No
sir.”
“Do
you think getting help is a good idea?”
“Yes
sir.”
“But
you didn’t think about it at the time.”
“No
sir.”
Hein
asked Harris what he planned to do with the drug if he had
been successful… sell it?
“No,
sir. I would smoke it.” Harris then added two others were
involved in this with him. “The deal was we would split it three ways.”
Hein
said he was ordering three years in prison to give Harris
time to think about what he will do when he got out.
“Are
you going to sit there like a toad or get out of your cell
and go to GED classes. If you go there and work hard they will want you
to get
out sooner. I’ll know that. If you sit in your cell and do nothing,
I’ll know
that. If you stay out of trouble, I’ll know that.
“I’ll
know that when you ask for early release.”
Hein
then imposed three years, a $7,500 mandatory fine and three
years mandatory supervision. He also said Harris would be responsible
for court
costs which he would be able to work off.
Harris’
co-defendant, Jennifer Murphy, pleaded guilty on July 26
to attempted illegal assembly or possession of chemicals for the
manufacture of
drugs (methamphetamine), a third degree felony. She will be sentenced
in
September.
Published
courtesy of The Early Bird
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