Judge frustrated; gives King 90 days
By Bob Robinson

GREENVILLE – Expressing his displeasure at state laws keeping him from sending the defendant back to prison, Darke County Common Pleas Judge Jonathan Hein sentenced Damien King to 90 days in jail on Nov. 7, followed by the MonDay Program and 60 months Community Sanctions for one count of Felony 4 Trafficking in Drugs. In addition, the 34-year-old was ordered to complete 80 hours of community service.

Assistant Prosecuting Attorney Deborah Quigley noted the defendant’s four prior trafficking convictions and the multiple times King had been in prison, but also noted the agreed upon charge was classified a Felony 4. The state doesn’t want non-violent F4 and F5 offenders sent to prison. She also noted monthly restitution had been agreed upon in the past, but to date only $31 had been paid.

King’s attorney, Michael Rieman, acknowledged his client’s history but indicated the convictions were often because he surrounded himself with the wrong people. He said he hoped this would be an opportunity for King to turn his life around if given a chance. King made a similar plea, acknowledging he hoped for another chance.

“The Colonel in MASH (M*A*S*H television show) can see through a load of crap and so can I,” Hein told the defendant. “What you say doesn’t mean a thing. It’s what you do.”

Hein reminded King of the promises he had made when he was sentenced in 2012. He added King had already been kicked out of the MonDay program, and noted the growing number of arrests and convictions in his history.

“This whole menace to society ends when you want it to end,” Hein continued. “I’m looking back over a long series of promises. What you say means nothing,” he repeated. “It’s what you do.”

Hein noted King was listening intently to his comments…

“Good. You’re listening. The best thing you can do is listen… when you talk all else is deflected.”

Hein then pronounced sentence; when he got to the MonDay program he said “maybe they can teach you what you need to do. You can’t just say things and not do them.

“I’m not going to be able to teach you that in three minutes in the courtroom. If they will take you, you will need to think about your actions.”

Reminding King of his last trip to MonDay, Hein told King he doesn’t hit someone because you don’t like what he said… “think about it… don’t say jack… go to the supervisor and let him handle it.”

The judge expressed his frustration at his hands being tied.

“The governor, Representative Buchy, Senator Faber… they’re all over this in Columbus. It’s the law. I don’t like it but the state doesn’t want to pay $26,000 a year to keep you in prison.”

Hein acknowledged King had heard all this before, several times. He told him if he wants to change he can prove it when he gets out.

Published courtesy of The Early Bird