Judge SHUTS DOWN Sex Offender’s Phone Excuse in Court

本站添加: 2026-06-02

[00:00:00]Kenneth Evans, case number 25 CR001707.

[00:00:05]Defendant is present open court today with his counsel William Watson. We are here today for sentencing. The defendant was last before your honor on April 22nd of 2026, where he played guilty to count two, failure to notify change of email address or identifiers, registration of new email address or identifiers, felony four, degree, and count three, failure to notify change of telephone numbers, registration of new telephone number, felony four.

[00:00:32]At that time a pre-sentence report was ordered. The state's understanding that that was completed and that all parties are prepared to go to sentencing at this time. Thank you.

[00:00:46]>> Mr. Watson.

[00:00:49]Thank you, Your Honor. May it please the court.

[00:00:51]You know, I'll be brief. I know the court's well aware of Mr. Evans's history.

[00:00:56]You know, clearly, you know, he's been down this road before. You know, he knows that he has to keep the state, the government, through the sheriff's office updated with not only his physical address, but any phone numbers, email addresses, things of that nature.

[00:01:12]You know, Mr. Evans was on federal supervised release. It's my understanding, even though there may have been some hiccups, that he completed that successfully. That's been terminated.

[00:01:24]You know, he's here before the court today essentially hat in hand.

[00:01:28]You know, there's really no excuse for for what he did.

[00:01:32]You know, I know the court has a lot of discretion this afternoon as to what it can do to impose sentence. I'm going to respectfully ask the court to consider community control sanction.

[00:01:42]You know, Mr. Evans, you know, is indigent. He lives in a trailer in East Lake. He relies on his niece for transportation and to help him get around. He lives basically off of his social security check.

[00:01:56]You know, you're going to hear from him in just a minute, your honor, but but I I think the lesson has been learned.

[00:02:02]I've talked to him numerous times. Uh, you know, I'm hoping uh this court does not see Mr. Evans in this capacity again. Thank you, your honor.

[00:02:23]>> What do you want to say?

[00:02:24]>> [clears throat] >> I want to say I'm sorry. There's no excuse for what I did. Um, I'm sorry, Judge. I I should have went to the sheriff's office and reported my email and report my >> Why didn't Why didn't you?

[00:02:36]>> Uh, I I just I I didn't know that um I was going to wait until my last sentence to when I have to register again and I was going to >> not that you don't have that luxury.

[00:02:47]>> Yeah, I know so I know this now.

[00:02:50]It's really hard for me to get around, sir. I I don't have a car or nothing.

[00:02:54]It's just hard for me to >> Where do you live?

[00:02:56]>> In Eastlake.

[00:02:57]>> Where?

[00:02:58]>> In the trailer park behind Dollar Killers.

[00:03:00]In Eastlake.

[00:03:01]>> It's right by Lakeshore Boulevard.

[00:03:02]>> Yep.

[00:03:03]>> Isn't it?

[00:03:03]>> Lakeshore, yeah. Yeah. Anyone on Lakeshore is >> Big white blue buses that run by there all the time.

[00:03:10]They can pick you up in Eastlake and take you to Painesville.

[00:03:14]Lake Tran.

[00:03:16]>> Yes, sir.

[00:03:17]>> So, don't give me this these [ __ ] excuses.

[00:03:19]>> I I won't, sir.

[00:03:20]>> There are no excuses, okay? Now, you're ordered to do this because you got in trouble with the feds, right?

[00:03:31]>> Yes, sir.

[00:03:32]>> Did you go to prison for that?

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

[00:03:34]>> For how long?

[00:03:36]>> Uh, for the over over over for like 4 years.

[00:03:39]>> 70 months all together with credit for time served, right?

[00:03:43]>> Yes, sir.

[00:03:45]>> And you got out in what? 23?

[00:03:47]>> Yes.

[00:03:48]>> You were put on 5 years of supervised release.

[00:03:51]>> Yes, sir.

[00:03:53]>> By all accounts, looks like about May of '23.

[00:04:00]You got a violation August 31st of '23.

[00:04:03]What was that for?

[00:04:05]>> This this actually this case right here I I got pulled over and it was dropped to a record so I wasn't under the influence. He thought I was, but I my I took I took a letter from my doctor showing that I had I had a severe brain injury. That that's the reason I would talk that way to the officer that day. He said that I was under the influence, I wasn't.

[00:04:28]>> All right. So, 9/27/23, you picked up this first failure to register in Painesville Municipal. They reduced it from a felony.

[00:04:40]What what was that violation?

[00:04:43]>> What was it for?

[00:04:45]>> It was in Painesville Municipal.

[00:04:46]>> Failure to register. You did that in September of '23.

[00:04:49]>> Oh, I my mother was my mother was sick and I was taking care of her and I stayed a couple nights over her house while she was passing away and I didn't tell them that I was staying overnight there and that's why.

[00:05:03]And she passed away right after that.

[00:05:05]>> All right, you got a >> I was just taking care of her.

[00:05:07]>> You have fed violation in January of '24. What was that about?

[00:05:12]>> That was for this the last one that I just had for that was for this email right here.

[00:05:22]But I registered the email.

[00:05:24]>> The last what you had?

[00:05:27]>> Violation. Yeah, that was it. I I always do both quick.

[00:05:30]>> You had five violations from the feds.

[00:05:35]August 31st of '23, January 18th of '24, January 28th of '25, June 30th '25, October 9th '25.

[00:05:44]>> Um I don't remember what that that.

[00:05:47]>> of them are related to this case right here.

[00:05:51]Cuz this didn't happen till November 30th of '25.

[00:05:54]>> Yeah.

[00:05:55]Those were for >> So, what were all those violations on?

[00:05:57]>> Those were probably for uh [ __ ] drug test.

[00:06:01]>> Why are you taking drugs?

[00:06:03]>> I don't I don't know, sir. As I I was was told I'm stupid.

[00:06:08]>> Okay.

[00:06:09]>> and I took them and maybe I don't take them anymore though.

[00:06:12]>> When's the last time you took them?

[00:06:14]>> Oh, it's been a long time since I went to went to jail like 60 days for for that. Oh, I got probation.

[00:06:20]>> Like what's a long time?

[00:06:22]>> Oh, I don't remember when I when I went to when I got probation and that's when I when I when I stopped.

[00:06:30]>> When you got on probation when?

[00:06:32]>> When I got off of it.

[00:06:34]When I The last day of my probation is when I went to jail 60 days. That's when I quit.

[00:06:39]>> Your federal probation?

[00:06:40]>> Yes.

[00:06:45]>> So, they sent you to they sent you they sent you to 60 days?

[00:06:49]>> Yeah. I had 60 days left of my probation. He said just go finish your 60 days out and you'll be off probation when you leave my courtroom.

[00:06:57]>> And so, you're telling me the last time was in the fall of '25?

[00:07:01]>> Yes, sir.

[00:07:03]>> What about when you went to Painesville Municipal Court in uh November of '20 When was that? '23?

[00:07:11]When did he When did he test positive, Dave?

[00:07:14]>> [clears throat] >> It was in December of 2025.

[00:07:17]>> December of '25?

[00:07:19]>> Oh, that >> In Painesville Municipal Court you tested positive.

[00:07:24]>> Oh, yeah. Yeah, I did.

[00:07:26]>> Don't give me >> Don't I I just I I smoke weed regularly, sir. I don't >> All right. Well, listen. You better remember certain things. You better start remembering things, okay? Why Why did you How many phones did you have when you got caught here?

[00:07:40]>> I just had the the one. Okay.

[00:07:42]>> Okay, no you didn't. You had two.

[00:07:50]>> I had the two, yeah. This is it.

[00:08:00]>> So, what are you doing with that smartphone?

[00:08:03]>> I I I had this I had smartphone cuz I was trying to to do DoorDash, which it wasn't my fault. I was just using it to do DoorDash.

[00:08:13]>> How do I know that?

[00:08:14]>> You don't, sir. You don't.

[00:08:15]>> That's right.

[00:08:17]When you got this charge with the feds in '17, it was the use of some sort of computer device, right? Either a phone or a computer, right?

[00:08:28]>> sir.

[00:08:28]>> Okay, so how do I know you're not screwing around again?

[00:08:32]>> You You don't, sir.

[00:08:33]>> I don't. That's the problem. When you have these things and you're not reporting them, I'm going to assume you're doing it.

[00:08:42]Now, you're on you were on supervised release and they let you off 3 years early. Well, that was awful generous of them.

[00:08:53]>> It's because they had the phone was uh they they they threw that but it's out because the the officer the officer had the phone in his car and he didn't put it in in his trunk and he had his car for like 2 weeks.

[00:09:05]>> Which officer?

[00:09:06]>> Another police officer had my phone in his car for like 2 weeks. Huh?

[00:09:10]>> When?

[00:09:10]>> When I was charged the first time.

[00:09:12]>> The first time.

[00:09:13]>> Yeah.

[00:09:14]>> Okay.

[00:09:14]>> The judge brought it back to court >> So, so there was a chain of custody problem.

[00:09:19]>> Yeah, the judge brought it back to court cuz he said that the officer was driving around with my phone in his car for 2 weeks and he didn't put it in a Fahrenheit bag and he went in the phone without >> A what bag?

[00:09:28]>> A Fahrenheit bag.

[00:09:30]>> How do you know about that?

[00:09:31]>> He My lawyer told me.

[00:09:35]And they said that he he had it around in his for 2 weeks and he didn't have a search warrant to go on the phone and stuff. That's why they threw it out. It was a violation.

[00:09:43]>> Isn't that kind of beside the point? The point is that you're supposed to report whatever you have, whatever you're on, wherever you live, all the time.

[00:09:54]>> Yes, sir.

[00:09:55]>> Okay? I don't give a [ __ ] if the officer did something with the phone in the car and and and that's all nonsense. That doesn't matter to me, okay? Cuz now you're on supervised release with the feds. You pick up this thing in '23, only a few months after you get out of prison, and now you're doing it again.

[00:10:18]Is there Is there some sort of DoorDash exception to the statute that requires this stuff?

[00:10:24]>> I'm not sure.

[00:10:26]>> No, there isn't.

[00:10:28]There There is You know damn well what you're supposed to do, when you're supposed to do it, >> Yes, sir.

[00:10:33]>> and where you're supposed to do it.

[00:10:35]>> Is it Is it a violation?

[00:10:36]>> Okay. So, you're supposed to report these changes, these devices, these addresses.

[00:10:49]You're not supposed to be doing drugs.

[00:10:53]Cuz who knows when you start doing drugs and getting high and going on the phone, who knows where you'll end up? You could end up back in federal prison.

[00:11:00]>> Yes, sir.

[00:11:02]>> So, stop playing dumb, >> Okay.

[00:11:04]>> okay?

[00:11:05]>> Yes, sir.

[00:11:06]>> You know, when you got caught, when the officers came up to your uh to your residence, you're standing in the window monkeying around with a with a smartphone and you told them you didn't have that until they told you they just saw you using it.

[00:11:22]I mean, don't assume that everybody around here is stupid.

[00:11:26]>> I understand you.

[00:11:28]>> Have a seat, Ms. Cuts.

[00:11:31]>> Thank you, Your Honor.

[00:11:32]In this as the court is aware, defendant is a tier two sex offender registrant based on a federal conviction for an offense of child pornography.

[00:11:46]During that time frame, he was reporting to the Lake County Sheriff's Office.

[00:11:53]They were getting tips of issues with him that they were attempting to look into.

[00:12:00]During that time frame, he was arrested for an OVI that was later reduced to reckless op.

[00:12:06]But during that time frame, they learned he was using DoorDash. When they went to his home, they walked past the front window where he was using a smartphone.

[00:12:14]He was on supervisory release at that point and was not allowed to have a smartphone.

[00:12:18]>> Did they know he was using DoorDash?

[00:12:20]>> They found out he was using DoorDash based on the OVI arrest. That's when they learned and started looking into um phone numbers and things of that nature cuz when you sign up for DoorDash, you have to have various information that they had that the defendant had never provided to Lake County.

[00:12:39]So, they began investigating him based on the tips as well as the information that was being received based on the arrest and the body cam.

[00:12:49]That's when they found out he was not giving all his phone numbers or all of his email addresses.

[00:12:54]Um when the law enforcement spoke with him, he was not truthful with them. They actually took a picture of him using the smartphone, refused to tell him everything they saw.

[00:13:04]Much like in this court, he only admitted once he was called out on it.

[00:13:10]He didn't put the right information on his documentation as well as when questioned directly, he was not truthful.

[00:13:17]>> [snorts] >> It's not necessarily more or less serious in the sense of these actual aspects.

[00:13:25]He did minimize, denied the phone, more importantly the state is concerned about his history of well, his recidivism, his history of criminal convictions go back to 2012 with some misdemeanor drug offenses.

[00:13:39]2017 again, misdemeanor drug offenses, drug abuse instruments. 2018 is the receipt and distribution of visual depictions of minors engaging in sexually explicit conduct where he was sent to prison and then was placed on supervised release where he had five violations.

[00:13:57]Then in 2023 he has a conviction for attempted failure to register which was a reduction from a felony. And then in 2025 he has the reckless up where he had a probation violation for testing positive for cocaine.

[00:14:12]Federal supervision was released or terminated October 9th of 2025. [snorts] I don't know if they considered it successful or not, but they did terminate him after multiple violations.

[00:14:25]>> Well, they're here to hear him explain he only had 60 days left, so they killed it.

[00:14:33]>> He hasn't responded favorably to previous sanctions based on the many supervised release as well as the recent probation violation.

[00:14:43]He was late to court for his change of plea hearing, then informed this court that he had been in the hallway.

[00:14:49]However, I'll speak for myself, I was in the hallway here.

[00:14:53]>> I I know I know I I know exactly where he wasn't and he wasn't here. So, there's no question about that.

[00:15:00]>> And then the sentencing was actually set for yesterday.

[00:15:03]All the parties appeared except for the defendant. He did not reach out, but his attorney kindly reached out to him and got this court to continue the matter until today as opposed to issuing a bench warrant. He's not shown a lot of responsibility.

[00:15:19]In the pre-sentence report he downplayed everything as if this weren't his accounts, he wasn't doing this, this was friends' information. However, he did plead guilty, and the evidence does not support what he is saying.

[00:15:32]So, the state is very concerned about his ability to be truthful, his ability to follow through on anything.

[00:15:38]We do think prison is consistent.

[00:15:41]We don't think he's amenable. If this court does give him an opportunity, he does have 11 days credit. If he is put on community control, we'd ask him for him to be urged to do the jail treatment program. He did um not too long ago test positive for cocaine.

[00:15:58]We'd ask for a decision point program, follow all recommendations for both of those, get a mental health evaluation, follow all those recommendations.

[00:16:07]That he have no unsupervised contact with minors, that he not use the internet, or at least not social media.

[00:16:15]That the probation officer probation office um monitor all of his electronics.

[00:16:23]That he not use drugs or alcohol, that he have periodic screens that must come back negative. That he have one doctor, one dentist, one pharmacy, and sign releases.

[00:16:31]That he engage in 12-step programming with a sponsor and home group.

[00:16:35]That he take any medications prescribed only as prescribed.

[00:16:39]And any costs and fees, if he is given that opportunity, just that he is made aware of, that if he violates, he could go back to prison.

[00:16:47]The Ohio prison for 36 months.

[00:16:51]And that all remaining counts would be dismissed. And that be the state's views at this point.

[00:17:00]>> All right, I reviewed the presentence report, listened to Mr. Evans, listened to counsel.

[00:17:07]Unfortunately, Mr. Evans has an aversion to the truth.

[00:17:14]I've considered all the provisions in 2929.11, 12, and 13. I'm going to place you on community control for 3 years, 101 days in jail with credit for 11.

[00:17:23]The last 30 days you're going to do the jail treatment program, complete [snorts] it, and follow all recommendations.

[00:17:29]You're going to complete the decision points program, follow all those recommendations. You're to have no drugs or alcohol with screens.

[00:17:36]And you're to to have uh no use of any You're not to use the internet in any way.

[00:17:55]Which means you're not to use email, either.

[00:17:59]You're going to pay the costs and supervision fees. Anything else, Mr. Tompkins?

[00:18:04]>> I don't believe so, Your Honor. Um actually, subject to search of any any electronic devices? [clears throat] >> Well, isn't he automatically subject to that being on probation, anyway?

[00:18:15]>> Uh >> Well, we're going to put it in there, anyway, just in case.

[00:18:18]>> Yes.

[00:18:21]>> So, you're to comply with all requests to search any devices you have.

[00:18:28]You understand the terms?

[00:18:30]>> Yes.

[00:18:30]>> If you don't comply with the terms, the state will file a motion to terminate your community control. If I find you violated, then you uh then you'll go to prison for 18 months. You understand that?

[00:18:39]>> Yes, sir.

[00:18:43]>> Or we have two Do we have two counts here?

[00:18:45]>> Yes, Your Honor. They're concurrent.

[00:18:46]>> Okay, 36 months.

[00:18:48]36 months.

[00:18:51]And then if you get another one of these If you're going to play around and you get another one of these things, then there's mandatory prison time in addition to prison time from this. You understand that?

[00:19:02]>> Yes, sir.

[00:19:02]>> Quit screwing around.

[00:19:03]>> Yes, sir.

[00:19:06]>> Remaining counts are dismissed. Anything else, Ms. Cuts?

[00:19:11]>> Your Honor, is the community control uh concurring on each count?

[00:19:15]>> Yeah.

[00:19:16]>> Nothing further.

[00:19:17]>> Mr. Watson?

[00:19:18]>> Nothing further, Your Honor.