In criminal sentencing, judges consider a defendant's criminal history and rehabilitation efforts when determining appropriate punishment; repeat offenders who have failed to demonstrate genuine rehabilitation despite multiple opportunities may face prison sentences rather than alternative sanctions like community control.
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Judge Blasts Trading Card Thief: Sends Him Back to Prison!Added:
London.
>> Thank you, your honor. We're here in case captain, state of Ohio versus Shane Collins. We were last here on April 15th, at which time the defendant entered a written and oral plea of guilty to count one, attempted robbery.
Count two, possession of cocaine, felony of the fifth degree, and we are here today for purposes of sentencing and defendant is present with his counsel, Mr. Chad Muly.
>> Mr. Mali, thank you, your honor. we are prepared to go to sentencing here and on behalf of my client judge I'd like to say that after my conferencing with him uh he has told me and it seems evident from his precinence report and his background that his criminal problems and his court system problems all stem from his substance abuse. All the other charges it all stems from his substance abuse.
>> Well, yeah. for the past 17 years, >> right? And and even more foundational than that, sort of an AAM's razor and get to the simplest things, it's his ego because I've asked him, you know, why aams razor judge.
>> No, what did you say the last word you said? What did you say? It was what?
>> His ego.
>> His ego.
>> His ego underneath all of it. judge. Um, and that coupled with his addiction, his selfishness, the the lack of uh of any sort of foundation and and structure. I know that the the presumption for prison there's no question that it's been o overcome in this case and in fact he's fully expecting to go to prison but I'm wondering if we can do something a little bit different for him this time and see if we can't get him into >> why doesn't why doesn't he do something different for a change >> his ego >> I don't understand that you got to you got to expound upon >> well I think he's he brought it up to me so judge certainly you can inquire I can say is he does want treatment. He does want help. He does want to get it and he does want to remove the obstacles in his way. Uh such as his his ego and he wants to try >> three times.
>> Three times.
>> Yeah. Well, I'll let him kind of expound on that judge, but we would be asking for community control instead of prison so that he can get treatment um outside of the prison system. He's already been to prison. That's not that's not doing him uh any any good either. So, that's all I have. I'm sure he's going to want to address the court as well, judge. All right, you're up, Mr. Collins.
>> Uh, 10 years ago, you you you had me here and said that I needed to get get the mental help that I needed.
And in that time period as as I've been going through prisons, I I have like got schooling in like the chemical dependency counselor certificate while I was in trouble and medical diagnostic and coding. Like I I' I've been using the time while in prison to even with this case I went the on Tuesday I got arrested on a Monday. On Tuesday I was supposed to go into IOP. I had everything set up. I was talking to Lake Giaga. They said not to go to the the meeting where I had a signature health as an addict. I I I fallen fumble. You know what I mean?
>> No, I don't know what you mean. I don't know what you mean. If you if you were supposed to go Lake Giaga to start your IOP or whatever you're supposed to do the day before you're in Target where they know they know who you are, why were you going?
>> I was >> Why were you doing that the day before you were supposed to go to IOP >> or wherever you were supposed to go?
>> Money.
>> Money for what?
>> Living expenses. Everything. Why don't you work?
>> My arm.
>> What? What does that mean?
>> When I was in Lake Erie, I had a person that had triple life. He ended up breaking my arm for the second time, and I still have to have two surgeries on.
From me getting out in 24 until now, I needed a year worth of time period where the bone would end up healing cuz it was shattered.
You you stole uh trading cards.
>> Two packs of trading cards.
>> It was >> quick easy money, your honor.
>> Okay. How much money? Where were you going to sell the trading cards?
>> Uh a a person that buys them online.
>> Who?
>> Just anybody. Well, I think Facebook might be playing.
>> What kind of trading cards were they?
>> They were uh top scrum.
>> What? Baseball cards.
>> They're basketball. Yeah.
>> Basketball. Did they have the stale gum in them?
>> No.
>> I mean, how much can you get for a pack of basketball cards?
>> Uh $50 for the two boxes.
>> $50.
How many were How many cards were in a box?
>> 40. Who the hell's paying $50 for that crap?
>> A lot of people.
>> Okay.
>> It's big business.
>> So, are you a good salesman?
>> Sometimes.
>> Why don't you go sell something legitimate?
>> I don't know. I don't have an answer to that truthfully, your honor.
>> Okay. So, so what what's you said Lake Giaga? Is that where you were supposed to go?
>> Yeah.
>> Really? What were you supposed to go to Lake Giaga for?
>> Uh, I was going to do IOP and get on to like the suboxin program.
>> Okay. That wasn't going to stop you from stealing though cuz you needed money for living expenses, right?
>> Not so much, you're on a no.
>> Well, that's what you told me. That's why you were selling the stealing the the basketball cards, but it would help with the drug addiction and the money getting spent towards that way.
You went to Lake Giaga in 2014 for an assessment. I presume that was in conjunction with your Willoughby Hills case in Willoughby Municipal Court for attempted improper handling of a firearm and attempted possession of methadone.
In 2010, you had a drug abuse case in Paysville MUN. 09 you had uh drug possession or drug paraphernalia and marijuana and menor.
So you go to this Lake Giaga assessment.
Were you sent there by the court? Yes, your honor.
>> And it says defendant reported he completed the intake assessment and was found not to be in need of services. You weren't in need of services in 2014.
That's what they had said, your honor.
>> Why did they say that?
>> Probably because of how I responded to the questions at that time.
>> Exactly.
>> Exactly.
What do you think would have happened if you would have gotten treatment in 14 and knocked all this [ __ ] off?
>> Probably.
>> Maybe you wouldn't have been here in 16 and 18, right?
>> Kyoga and Astrabula and everywhere else.
>> So now you're playing around with meth, right?
How much does meth cost?
>> Like a 100 bucks an ounce.
>> And how much you use in a day?
>> Probably like a ball.
>> What's that mean?
>> 3.5 gram.
>> How many grams in an ounce? I see. I don't know this European crap. Okay. So, how many grams in an ounce?
>> 28 grams an ounce.
>> 28 grams in an ounce. And you're getting money for this meth by stealing, >> right? Yes, your honor.
>> So, what has changed with you in the last 15 years?
>> Allowing my mind to be open to really what's happening. I I see where I'm going wrong.
>> Okay. Well, you knew you were going wrong when you went into Target, right?
>> Yes, your honor.
>> With the knife. Why were you carrying the knife?
>> Well, protection, your honor.
>> Protection from who? Anyone trying to hurt me?
>> Who's trying to hurt you?
>> The meth dealers.
>> Could be anyone.
>> Anybody in Target trying to hurt you?
>> I don't know, your honor.
>> You don't know. You don't You're not sure if anybody in Target was going to try to hurt you?
>> No, your honor.
>> Why? Why? Why did you think somebody in Target was going to hurt you?
>> Well, probably PTSD from when I was in Lake Erie. I was just sleeping in a cube and the dude crashed on me.
put a locker box through my head and shattered my arm into pieces. Like >> you're see your problem is you keep doing the same thing over and over again and you don't do anything different cuz that's what I'm seeking here today. Your honor, >> today it's late.
10 years ago it was late.
You went 10 years ago. I sent you. Then you were back again.
After you a year later, I sent you again.
And then uh Gallagher sent you in Kyhoga.
Schroeder sent you an instabula.
So you went on four four different cases. And you got out in 24.
You got out May of 24. You got a May of 25 theft. You got another theft.
July of 25 and here we are in February of 26.
So you you've you've undertaken no steps to change your life. Anything else you want to say?
>> No, your honor.
>> Miss London.
>> Thank you, your honor. Um your honor, it states recommending a prison term. Leave it to the court's discretion what the court deems most appropriate here. He does have restitution in the amount of 139.96 that would go to Target plus the forfeite of the contraband and instrumentalities.
Clearly um with the fake urine and with the fact that he's been to prison several times, any presumption for any kind of community control sanction would be overcome. He has um served several prior prison terms, has a long history of um adjudications of criminal um criminal cases and I don't know that jail treatment neocap or something like that at this point in time would really make a difference. So we >> well there is no presumption against right it's a three >> no it's a three and with the with the other u charge being a five there would be one for community control but that would be overcome even by um any of his prior criminal history and and using use of fake urine as well >> what uh no victim impact statement >> no victim impact statement was received I know that there was one requested but it's target and uh that the amount of restitution listed in the police report is 139 9.96.
>> Did you get anything, Jamie?
>> No.
>> So, how do I know it's $1 139?
>> $1 139.96 is the actual um I believe the receipt that was provided um when they go to the cash register and they figure out how much was taken. I think there's probably more taken than that, but that's what they can say in terms of >> probably be helpful if they sent something that >> absolutely would be helpful if they sent something because then we'd know an exact amount. But I know that they were not able to put the cards back on the shelves because they were scattered throughout the parking lot. So, >> all right. I have reviewed the presense report and the drug and alcohol evaluation. I've considered all the provisions in 29, 29, 11, 12, and 13.
Are are you are not amunable to community control.
Perhaps had you taken some steps to change your life before you got here, that would be different. But you're not.
So on count one, I'm going to sentence you to 24 months in prison. On count two, 12 months. Count three, 180 days in jail. All those counts will be concurrent with credit for 78 days. And the costs are assessed. When you get out, you might be on postrelease control for two years under the parole authority with conditions. If you violate, they could return you to prison for up to nine months for each violation up to one half of my sentence. Subject to forfeiture is forfeited to the state.
Anything else, Miss Lyndon? No, your honor. Thank you, >> Mr. Moy.
>> I'm sorry. Was there restitution included in that?
>> No, they didn't send a victim impact statement, so they ain't getting any restitution.
>> All right. Thank you, judge. Nothing further.
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