Defendant with 77 PRIOR CONVICTIONS is Back Again!

[00:00:02]This is the case of the state of Ohio versus Donald Cowans, case number 26 CR 43564.

[00:00:09]Present before the court is Mr. Cowans, right?

[00:00:13]Represented by Mr. Brenner. We have Mr. Harris in the prosecutor's office.

[00:00:17]We're here today for an arraignment and a pre-trial, but it's my understanding that we are going to take care of the arraignment, that we're going to do a plea, and we're going forward with sentence today. Is that accurately stated?

[00:00:28]>> It is, Your Honor.

[00:00:30]>> So, Mr. Cowans, uh first order of business is the arraignment. You have a copy of the indictment, right?

[00:00:35]>> Yes, sir.

[00:00:36]>> I gave mine to Carl. If I could have that.

[00:00:38]>> I went over it with him, Your Honor.

[00:00:40]>> Thank you.

[00:00:42]>> So, you understand that you were indicted for felonious >> For this reason.

[00:00:45]>> Cowans, you are charged with one count of felonious assault. Uh this carries with it a maximum penalty of up to 8 to 12 years in prison.

[00:00:54]And it also carries with it a maximum fine in the amount of $5,000. You're also charged with assault, which is punishable by up to 36 months in uh prison.

[00:01:04]Mr. Uh Brenner, how are we going forward on the arraignment today?

[00:01:07]>> Your Honor, at this point, it's a little unusual. My client is prepared to just go ahead and enter a guilty plea to the charge. We guess we worked out a plea negotiation um that we will be pleading entering guilty plea on the felonious assault count.

[00:01:20]>> All right. Will you waive uh reading of the indictment and accept service of it?

[00:01:24]>> Apologies, Your Honor. Yes, we will waive reading and accept service of that indictment.

[00:01:27]>> So, Mr. Cowans, in the in the state of Ohio, we have a waiting period that is that we are We call it the cooling-off period that says that people may not want to plead guilty on the same day that they are arraigned.

[00:01:38]But, for convenience, we allow people to waive this waiting period and go forward today. So, uh the arraignment part is done, uh but if you want to go forward with a plea of guilty today and sentencing, we can do that as long as I'm confident that that's what you want to do, right?

[00:01:55]>> Yes, sir.

[00:01:56]>> Okay.

[00:01:57]So, if you enter a plea of guilty to the felonious assault charge, there is a joint and recommended sentence that I sentence you to the minimum penalty, which is 2 to 3 years in prison, which would be consecutive to the time that you are already doing. When I say 2 to 3, that means you have what's called a Reagan Tokes sentence. Are you familiar with what Reagan Tokes is?

[00:02:20]>> Yes, you did.

[00:02:21]>> All right. Reagan Tokes sentence means that presume that you're released at the minimum term. That means that 2-year term, but the Department of Rehabilitation and Corrections may under certain circumstances keep you up to the maximum penalty, which in this case would be 3 years in prison. You have something called notifications that Mr. Brenner provided you.

[00:02:39]It says notification indefinite term Reagan Tokes.

[00:02:43]I can read this to you if you want me to, but if you're satisfied that you understand, I'll just attach this to copy of the sentencing entry and we'll move on. Is that what you want to do?

[00:02:52]>> Yes, yes, sir.

[00:02:53]>> Do you have any questions about the Reagan Tokes?

[00:02:55]>> No, sir.

[00:02:55]>> Are you satisfied that you've been notified about the terms?

[00:02:58]>> Yes, sir.

[00:02:59]>> All right. Also, we have an issue of post-release control. You're subject to a mandatory post-release control of anywhere from 18 months to 3 years.

[00:03:07]We also have a notification for post-release control that you have there.

[00:03:11]If you're satisfied that you understand post-release control, I'll attach that to the sentencing entry also, and you will have copies of this to take with you.

[00:03:21]Do you understand that?

[00:03:22]>> Yes, sir.

[00:03:23]>> Well, I have a plea form here.

[00:03:26]So, let's go over some basics. How old are you?

[00:03:29]>> 46.

[00:03:30]>> How far did you go in school?

[00:03:32]>> Graduated.

[00:03:33]>> Are you able to read and write English?

[00:03:34]>> Yes, sir.

[00:03:35]>> Are you under the influence of drugs or alcohol?

[00:03:37]>> No, sir.

[00:03:38]>> Are you taking any medications?

[00:03:39]>> No, sir.

[00:03:40]>> Are you a United States citizen?

[00:03:42]>> Yes, sir.

[00:03:42]>> Other than this 2 to 3-year sentence, has anybody made any threats, promises, or representations to get you to plead guilty to this against your will?

[00:03:49]>> No, sir.

[00:03:51]>> The change of an A plea entry form has it on the third page a signature above line defendant. Is that your signature?

[00:03:58]>> Yes, sir.

[00:03:58]>> Did you review this with Mr. Bretter before you signed it?

[00:04:01]>> Yes, sir.

[00:04:01]>> Were you satisfied with the representation you received in the case?

[00:04:04]>> Yes, sir.

[00:04:05]>> You're going to enter a plea of guilty to one count of felonious assault.

[00:04:08]Again, this is a secondary felony punishable by up to 8 to 12 years in prison, maximum fine of $15,000 and carries with post release control.

[00:04:18]Before we go any further though, I want to make sure that you understand your rights. You're presumed to be innocent in this case. That means that you can't be sentenced or punished until you either plead guilty or the state of Ohio proves that you're guilty. If they can, they have to do that unanimously to a jury or to a judge beyond a reasonable doubt at a trial. You would have the right to confront all the witnesses against you at the trial, compel witnesses to testify on your own behalf, and you have the right to remain silent.

[00:04:43]If you enter a plea of guilty to the to this charge, you're going to waive all of those rights. You're going to admit that you did it, we're going to get on to the two to three year sentence.

[00:04:52]Uh Mr. Harris, was the state able to make contact with the victim in the case?

[00:04:55]>> Yes, your honor. The victim was here this morning. Mr. View, who is the prosecutor assigned to the case, did have conversation with him. I confirmed with him at the break that uh he told him about the offer and that the victim in this matter was in agreement. It's my understanding that uh also in agreement as to the recommendations of going forward with sentence.

[00:05:16]>> All right, what are the facts?

[00:05:17]>> Uh your honor, if this matter had proceeded to trial, the state would show beyond a reasonable doubt, in addition to all allegations in the indictment as to count one, that on or about November 2nd of 2025, uh Leb- at Lebanon Correctional Institute in Warren County, Ohio, uh Donald Cowens, who was an inmate at the time, caused serious physical harm to a corrections officer by striking him in the face, causing a laceration that required seven stitches. He also did suffer a swollen tongue.

[00:05:47]>> Mr. Bretter, anything on those facts?

[00:05:48]>> Nothing on the facts, your honor.

[00:05:49]>> Mr. Collins, did you hear those facts?

[00:05:50]>> Yes, sir.

[00:05:51]>> Do you admit that they are true?

[00:05:53]>> Yes, sir.

[00:05:53]>> Do you understand the rights you're giving up by entering a plea?

[00:05:55]>> Yes, sir.

[00:05:56]>> What's your plea?

[00:05:57]>> Guilty.

[00:05:58]>> Based upon the plea of guilty, I'm going to find you guilty. I think you've made a knowing, voluntary, and intelligent choice here today only after you had been fully advised of your constitutional rights, which you waived and rejected here in open court. Any reason not to go into the matter of the sentence today?

[00:06:13]>> No, your honor.

[00:06:14]>> We have zero days of jail time credit, no restitution, right?

[00:06:17]>> Correct.

[00:06:17]>> Yeah, correct, your honor.

[00:06:18]>> Mr. Harris, anything else?

[00:06:20]>> Uh your honor, state would just ask that the court adopt the recommendation of parties of a 2 to 3-year sentence that be served consecutive to the time he's currently serving.

[00:06:28]>> Mr. Abbott?

[00:06:29]>> Your honor, my client's taking responsibility for this offense. We'd ask the court to impose the recommended sentence.

[00:06:36]>> Mr. Collins, anything you want to tell me?

[00:06:38]>> No, sir.

[00:06:39]>> All right, the court is going to sentence you to a 2-to-3-year prison term. Again, the 2-year is the minimum term, the 3-year is the indefinite term, and it's presumed that you're released at that 2-year term. Uh I understand that your out date is 2033 or so before this. So, I am going to find that you are indigent for the purposes of fines and costs, so there won't be any financial sanctions.

[00:07:00]And I'm going to order that this term be served consecutively to the time that you're already doing because a consecutive sentence is necessary to properly punish you. Your criminal history suggests that it's necessary to protect the public, and the overall sentence is not disproportionate to the conduct involved here or the danger posed by you. You do have the right to appeal this to the 12th District Court of Appeals in Middletown. If you don't have the funds to hire a lawyer, to obtain a transcript, or to pay the cost, they will all be provided to you at no charge. Good luck to you, Mr. Collins.

[00:07:30]>> Thank you, your honor. We will see you soon.

[00:07:31]>> Thank you, your honor.

[00:07:32]>> Okay, I will see you then.

[00:09:01]>> Mhm.