BUCYRUS — Tyler Waldbauer, 23, of Galion, was sentenced to 36 months in prison in Crawford County Common Pleas Court. Waldbauer pleaded guilty to failure of duty to register, a third-degree felony. Assistant Prosecutor Ryan Hooveler said that Waldbauer had failed on multiple times to register as a sex offender.
“Your attitude in court today is horrible. So I’m not surprised you are here. It might be easier for you in the future to follow the rules and register,” said Judge Sean Leuthold
Also in court this week, Bryan Hathaway, 32, of Bucyrus, pleaded guilty to violating the terms and conditions of community control. Hathaway was originally sentenced for complicity, a second-degree felony. Hathaway was granted judicial release from prison and placed on community control.
According to Probation Officer Mark Alspach, on June 4, Hathaway caused physical harm to an acquaintance and pleaded guilty to domestic violence charges. A urinalysis revealed that Hathaway had used marijuana and he admitted to drinking alcohol. Since Hathaway admitted to violating the terms and conditions of his community control, Judge Leuthold permitted the State, Hathaway’s attorney Sebastian Berger, and two witnesses to testify regarding sentencing.
Leuthold asked Alspach what kind of parolee Hathaway had been. “He was released in March, reported and had a job. I would classify him as fair,” Alspach said.
Berger argued for treatment rather than incarceration. Noting that Hathaway did admit to the violations, Berger explained that Hathaway’s five-year-old daughter suffers from a serious health issue. The child was hospitalized and that’s when Hathaway relapsed.
“You’re doing a fine job for your client, but this frustrates me,” Leuthold said. “Everybody is a good parent when they are facing prison. The truth is that this child is now five and has been critically ill. You’ve spent two years in prison and lost precious time with this child. When the child becomes gravely ill, instead of being by her side, you’re out … drinking and doing drugs.”
Berger requested his client be placed in a community-based correctional facility where he could receive treatment for his addiction.
“Mr. Berger, your client has been in prison two years and has been out three months. I am frustrated,” Leuthold said.
Leuthold asked if others in the courtroom would like to make a statement. Hathaway’s mother asked that her son receive treatment. She told the court that her son had never been offered treatment.
“He’s 32,” she said. “He needs to straighten up. As a mother I feel he needs help”.
Leuthold explained all the programs that are offered in prison.
“There are several programs, but you have to sign up for them” Leuthold said.
Alspach told the court Hathaway had been attending counseling at the Community Counseling Center.
“(He) continued to do drugs and drink while attending counseling. It’s counter-productive,” Alspach said.
Hathaway’s wife also addressed the court.
“I thought he’d be better when he came home,” she said. “I want him to get help, but I don’t want him home. He’s bringing down my children and I can’t have that.”
Saying he really had no choice, Leuthold said, “I have a new violent crime and continued use of drugs and alcohol.” Leuthold imposed the four-year sentence. Hathaway will get credit for jail and prison time served.
Also, Robert Fisher, 33, of Marion, appeared before the court to asked Judge Leuthold to lift a no contact order so that he could reunite with his wife. Fisher’s wife was present in the court as well.
Fisher was released from prison after pleading guilty to a third-degree felony charge of domestic violence, with his wife as the victim.
Leuthold asked Fisher; “Are you going to be dumb enough to do something to get sent back to prison?”
Fisher indicated that he has changed.
Leuthold then addressed the victim.
“My job is to protect you,” the judge said. “You are a married couple and I assume he is going to move back into the home. My advice to you is that if I lift this order, protect yourself. If things are not going well, contact this court and we will reimpose the no contact order.”
Turning to Fisher, Leuthold said, “If you put your hands on this woman and come back in front of me, things are not going to go well. I want to see you have a happy and productive life, but I will do whatever is necessary to keep her safe.” also, Leuthold lifted the no contact order, allowing the couple to reunite.
Teresa Kent, 51, of Galion, pleaded guilty to violating the terms and conditions of her community control after testing positive for marijuana, cocaine, meth and alcohol. Leuthold sentenced her to six months in prison.