BUCYRUS—Jason Surgener, 50, of Bucyrus, appeared in Crawford County Common Pleas Court Wednesday morning for a sentencing hearing.
Surgener was placed on community control in August after he pleaded guilty to one count of domestic violence, a felony of the fourth degree punishable with up to 18 months in prison.
Surgener signed an admission after he tested positive for Methamphetamines and Buphrenorfin in a routine urine screen.
After the state and defense could not reach a negotiation, Surgener and his attorney Tom Nicholson decided to argue sentencing before Crawford County Common Pleas Court Judge Sean Leuthold.
Assistant Prosecutor Ryan Hoovler told the court that Surgener had been given an opportunity to abide by the terms and conditions of his community control even though he was prison eligible at the time of his sentencing.
Hoovler told the court that the use of Methamphetamines is a substance that lends toward the violent nature of the user. “The fact that the underlying issue is a violent crime of domestic violence is a concerning factor, and based on the fact that Mr. Surgener chose to use Methamphetamines while on community control, the state would ask for 15 months in prison,” Hoovler said.
Surgener’s attorney, Tom Nicholson, told the court he had asked the state for a six-month prison sentence. Nicholson talked about a recent Supreme Court decision that said that a bad urine sample could not result in a new felony and that sentences were now limited in such cases.
Nicholson went on to tout Surgener’s family connections in the town:
“Mr. Surgener comes from one of the strongest families in our community. His father lives in one of the most beautiful homes in the county. His uncles are lay ministers in the community as well. He comes from a very prominent family,” Nicholson said.
Nicholson told the court that overall, this was a one-time incident. He said his client admitted to the use. He asked the court for continuing community control or a much lighter sentence. He then glanced up at the huge courtroom Dome and pondered out loud:
“In the overall scheme of things, I can look up at this Dome here and see Socrates and other figures in the Dome and wonder, would they think this is justice? Would they think Mr. Surgener can do better? I think they would,” Nicholson said.
Judge Sean Leuthold took a brief recess to review the statute and look at the recent Supreme Court ruling before allowing Jason Surgener to speak. Surgener addressed the court when it reconvened.
Surgener told the court that he had indeed taken Methamphetamines just one time. He said the underlying charges of domestic violence were “ blown out of proportion. “He said he would like to continue on community control and that a 15-month prison sentence is too steep.
Judge Leuthold expressed his irritation with Surgener minimizing the underlying charge; “Just a minute ago, you were admitting to the crimes, and now you say you aren’t really guilty?” Leuthold asked.
Surgener told the court that he was not disputing the violation. He told the court that he understands personally the damage drugs can do as he lost both a brother and a sister to drugs. He insisted this was a one-time incident.
Judge Leuthold said he had looked into the recent Supreme Court findings and that violent crimes are excluded from minimum sentencing in a failed urine screen.
Leuthold outlined that police were called to his home two or three times and that his behavior became increasingly aggressive.
According to police reports, Surgener took his car and smashed it into the victim’s car. He broke her car window, went to someone else’s home, and caused a ruckus, and was eventually arrested.
In consideration of the underlying crime and the fact that Surgener tested positive for Methamphetamines after being on community control for less than three months, Judge Leuthold sentenced Surgener to 12 months in prison. He will receive all jail time credit.
Judge Leuthold told Surgener he would not oppose transitional control if the prison requested it.