Tashwer sentenced for burglary after CBC violation

By Cornelia Grace Harrison News-Herald Reporter

CADIZ — Dustin Tashwer appeared via a video call from the Jefferson County Justice Center for an evidentiary hearing on the state’s motion to revoke community-based controls.

Back in October, Tashwer was originally found guilty of a felony-two burglary charge and one trespass in habitation charge, a felony in the fourth-degree.

The state, represented by prosecuting attorney Lauren Knight, alleged Tashwer used methamphetamines while living in a homeless shelter after being kicked out of his mother’s house.

Knight made an offer for Tashwer to receive 24 months in prison, which would come out of his reserved 36.

Judge Shawn Hervey explained Tashwer’s options, which would either be to have a hearing to make the case he had not committed the alleged violation, or to take the state’s offer. Tashwer said he wanted to have a hearing.

Tashwer’s lawyer, public defender Adrian Pincola, advised against a hearing.

Hervey explained, “If you are to be found to have violated your community-based control after a hearing, the state is not obligated to make the same offer as they

County Court

Criminal/Traffic Violations

● 18 speeding violations, two seatbelt violations, two tag/sticker/registration violations, one failure to yield, three overloaded vehicles, one weapon under disability, one turn signal violation, one OVI with OVI refusal, one consuming alcohol in a motor vehicle, one reckless control, one tail/ license plate lights violation, one junk storage ordinance violation, two no operating license, one failure to reinstate, one littering, one misdemeanor theft, one defective muffler, one failure to control, one following distance violation, one stop sign violation, and one driving under suspension.

CIVIL CREDIT NEWS

● May 1 (satisfied date): Plaintiff Summit Cap, LLC, c/o Markoff Law, LLC; Defendant Arthur Best. Cause of action: Money. For: In favor of plaintiff.

● May 1 (judgement date): Plaintiff Discover Bank c/o Zwicker & Assoc. P.C.; Defendant Alex Cox. Cause of action: Money. For: In favor of plaintiff.

● May 2 (judgement date): Plaintiff HS Financial Group, LLC; Defendant Trisha McAfee. Cause of action: Money. For: In favor of plaintiff.

● May 2 (satisfied date): Plaintiff State of Ohio, Department of Transportation; Defendant Madison Mackey. Cause of action: Money.

● May 2 (judgement date): Plaintiff Discover Bank c/o Dis- did before the hearing.”

“So I have to make a decision to go to prison for two years,” Tashwer said. “Or take a chance for three?”

“I have to listen to the evidence,” Hervey said. “I have to first decide whether or not you violated your community-based controls. ... So I would hear arguments from the state, and then I would hear argument from you, and then I’d make a decision. It could be more than 24 months, it could be less than 24 months. It could be prison, it could be community-based control, I don’t know and I can’t tell you what it would be until I hear the evidence.”

Tashwer asked if he could speak with Pincola and Hervey cleared the courtroom for them to have a brief conversation.

Upon return, Pincola requested the state withdraw the motion to revoke which would mean Tashwer could stay on community-based controls and not have sanctions imposed.

“The state’s position at this time is no,” Knight said. “This position is based on the fact that Mr. Tashwer has been given numerous opportunities. Officer Rapavi has worked diligently with him to try to facilitate treatment, housing, a number of things.”

Hervey asked Tashwer again if he wanted to accept the state’s offer or have a hearing.

“I wish there was something else we could do,” Tashwer said. “I don’t want to let anybody down here. I know you hear this all day long here, but I need help, and putting me in prison, I just don’t, I mean the stuff I’ve seen here, it’s 10 times worse in prison. I don’t want to go down that road.”

He said he likely needed medication that he didn’t have the chance to obtain. He said he lost a lot of family and when he was in the homeless shelter he said he, “didn’t grasp the concept of that being a caring place right away. I thought I was being thrown away and the temptation was there. It was not easy to say yes but I made the mistake and used. I’m hoping you can please put me somewhere other than prison where I could do some - thing with my life. I don’t want to miss my daughter’s graduation. … There’s so much that I haven’t even accomplished in my life because of these events going on. Drug use is not the way I want to go.”

Memorial Association Inc, New Rumley.

● Aaron L. Weaver etux to Raymond R. Ewing Jr. etal, Monroe Twp.

● Johnny J. Miller etal to Johnnie L. Hostetler etal, Freeport Twp.

Hervey again explained that Tashwer had to decide if he wanted to have a hearing or not.

“You kind of jumped line and you put your argument out there already. But in fairness to the state, I can’t tell you the likely outcome because I have to hear their argument as well and give them equal time and equal weight. I don’t mean to be terse about this but you have to make a decision,” Hervey said.

Tashwer chose to go forward with a hearing, against the advice of his counsel.

Knight called Acting Pro - granddaughter said she had not shared the video, leading her to believe another student had gotten into her phone and shared it. The granddaughter said she knew that her name was in a “burn book” written by other students bation Chief Daniel Rapavi to the stand. Rapavi testified that Tashwer did well in the program at the Eastern Ohio Corretions Center and once released went to his mother’s house but was kicked out and it was difficult for Rapavi to make contact again. Eventually Tashwer made it into a homeless shelter and was allegedly caught using meth and kicked out. Rapavi found out about this through the counseling service Tashwer was supposed to be participating in, not from Tashwer. Rapavi could not make contact with Tashwer and decided to file with the state to revoke community-based controls.

Tashwer was given the opportunity to make a statement, subject to cross-examination, which he utilized, “I want to make it clear that when I was removed from the homeless shelter that I did attend my appointments. … I continued to try to get the help that I needed. … I just want to reiterate everything I said before. I need some help. I don’t want to end up dead, alone.”

The court found that Tashwer violated community-based control, did not complete required treatment, being removed from the shelter for drug use.

“When we look at what’s next, it’s a presumed prison sentence,” Hervey said. “The court is going to sanction the defendant to two years.” and that at school she was in fear for her safety. The deputy went to the school to speak with the other students. Most of the students did not know the granddaughter and all denied making threats toward her. The alleged “burn book” was willingly shown to the deputy and while he found the granddaughter’s and other student names in it, there were no threats against them. The deputy made school officials aware of what was going on and then cleared the scene. cover Products, Inc.; Defendant Joshua Adam. Cause of action: Money. For: In favor of plaintiff.

● May 5 (satisfied date): Plaintiff LVNV Funding, LLC; Defendant Mark Garrett. Cause of action: Money. For: In favor of plaintiff.

Domestic Cases

● May 10 (final date): Plaintiff Michael Eddy. Defendant Maria Eddy. Action: Dissolution without children.

Recorder

May 1-5, 2023

● Tana L. Fortney etal to J and B Property LLC, Freeport Village.

● Luther RE Holdings LLC to James A. Luther, Cadiz Village.

● Kathryn Birney etal to Andy Yoder etal, Freeport Twp.

● Marlena Case Zantene etal to Sherrie L. Rogers, Scio Village.

● Michael A. Bainbridge Dec’d to Sandra L. Bainbridge, Cadiz Village.

● Joseph Pinjuh etal to Lucija Radujkovic, Moorefield Twp.

● Denise Sue Oktem etal to Emily Denise Trevino etvir, Cadiz Twp.

● John Henry Troyer etal to Levi J. Schlabach etal, Green Twp. ● United Methodist Church of New Rumley Inc to Custer

● Amanda K. Robson to Bryan J. Robson, German Twp.

● Trent O. Best to Shawn Herron, Bowerston Village.

● Jeffrey L. Horonetz to Donald Bulgrin, Monroe Twp.

● Metta M. Eddy to Danny G. Everett Jr., North Twp.

● William Cramblett etal to William R. Gamble, Scio Village.

● Richard L. Hohler etux to Jeffery A. Arnold etal, Nottingham Twp.

Marriage Applications

● May 4: Johnny J. Hershberger, 22, Freeport, and Anna A. Hostetler, 19, Freeport.

● May 4: William Scott Kelley II, 24, Tippecanoe, and Isabel Guenther, 22, Tippecanoe.

● May 5: William Eugene Wilson III, 29, Cadiz, and Bethany James Renicker, 27, Dellroy.

SHERIFF’S OFFICE

● April 14 – A man called the office to report his granddaughter was being threatened and harassed at school. A deputy went to make contact with the granddaughter and her mother. The granddaughter stated that she and another girl at school had made a tiktok that upset several other students. The tiktok did not mention any names and the