Nov 25, 2013

Setser sentenced to prison; two others brought to trial

BY BOB ROBINSON

ASSOC. EDITOR
GREENVILLE – Allyson N. Setser was sentenced to 18 months in prison Nov. 25 for probation violation by Darke County Common Pleas Judge Jonathan Hein. She will be eligible to be moved into the MonDay Program on judicial release if she is accepted.

Hein told Setser she needs to have some time in prison, then asked if she had a child. “Yes, sir.” How old? “Sixteen months.”

“You’re a danger to your child. Do you understand that?” “Yes, sir.” “I don’t want you to get hurt but I hope you have a miserable experience,” Hein continued. “You have to understand you can change if you’re motivated. Do you like your life right now?” “No, sir.” “You are the only one in this room who can do anything about it.”

Hein asked Setser where she gets her heroin. She responded Dayton.

“You can’t do that anymore, can you?” “No, sir.”

Setser was in court on two sets of charges. She had been arrested in June 2012 and charged with three drug-related felony offenses. She pleaded guilty to Illegal Assembly or Possession of Chemicals for the Manufacture of Drugs. She was sentenced to 90 days in jail then placed under “intensive supervision.” Setser was arrested on Oct. 28 this year while still on probation and charged with Felony 3 Trafficking in Drugs and Misdemeanor 1 Endangering Children.

Adult Probation Officer John Tabler noted at some point Setser needs to understand her behavior has to change. He indicated numerous violations of her probation prior to being arrested in October. On the probation violation, Setser will have to spend a minimum of 30 days in prison. After that, her attorney can request judicial release to the MonDay Program.

In the plea agreement for the trafficking and endangering children charges, both the state (Asst. Prosecutor Deborah Quigley) and the defendant, represented by Nicole Pohlman, recommended evaluation by the MonDay Program and that she successfully complete it. If the defendant violates community control or is not accepted in MonDay, or is terminated from the program, the state will recommend a 30 month prison term.

“If prison doesn’t work, it’s on you,” Hein told Setser. “If MonDay doesn’t work, it’s back to prison. And it’s on you.”

Hein agreed with the recommendation except he said 18 months rather than 30 if she returns to prison. The charge carries a mandatory $5,000 fine.

In the first of two earlier hearings, Hein entered a Not Guilty plea for Janae N. Hatfield on the charge of Possession of Heroin, a Fifth Degree Felony. Hatfield signed an affidavit of indigency after which Hein assigned David Rohrer to represent her.

Quigley said the state would not be opposed to pre-trial supervision and release on her own recognizance. The defendant however was not sure where she would be able to stay, noting possibly her father or grandparents.

“Going back to your former residence is not in my comfort zone,” Hein said. “I will hold off (making a decision) until I get a definitive address.”

The second hearing was for Probable Cause on two Felony Three counts – Complicity to Burglary and Complicity to Theft – for Katrina M. Cheadle. Hein advised the defendant the two counts could result in four years in prison and a $12,500 fine.

Her attorney Pohlman asked for house arrest; Quigley wanted bond to continue as before. Hein order bond at $20,000 and set the next hearing for Dec. 9.

Facing the judge on Nov. 25 were (left to right) Janae N. Hatfield, Allyson N. Setser and Katrina M. Cheadle.

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