Probation violator sentenced to locked down treatment center
Nov 8, 2012 at 9:37 AM
A Norwalk resident who violated his probation by moving to Florida without permission has been sentenced to a prison-like treatment center.
Shawn X. Gaines, 48, of 108 Concord Court, has been accepted into a community-based corrections facility (CBCF). Defendants spend four to six months in a CBCF, which focuses on substance abuse treatment and education.
"That's the last-chance opportunity for you," Huron County Common Pleas Judge Jim Conway told Gaines.
This isn't the first time Gaines has violated his probation by leaving Ohio.
In 2010, he was sentenced to 30 days in the Huron County Jail after he had moved to Florida. Gaines returned to Ohio in January 2011 and later tested positive for drugs.
Gaines admitted to several probation violations Monday.
The defendant moved to Riverview, Fla. on March 5 without notifying his probation officer and on Oct. 4, tested positive for using marijuana, cocaine and another drug when he provided a urine sample. He also failed to complete the program at Firelands Counseling & Recovery Services and didn't report to the Adult Parole Authority as scheduled in February.
On Jan. 1, the Norwalk Police Department responded to a domestic dispute at Gaines' residence. He was fined $100 for a disorderly conduct conviction.
Probation officer Jim Zappa recommended a prison term for Gaines, but told Conway time in a CBCF would be acceptable if the court prohibited Gaines from having any contact with his girlfriend. The judge followed the recommendation, but noted a prison term would have been appropriate.
Gaines' original conviction was trafficking in oxycodone for which he served 60 days in jail.
While that case was pending, Gaines was in a serious car crash. Huron County Public Defender David Longo told the court Monday the accident, in which Gaines was a passenger, nearly killed him.
"He's pretty much totally disabled," said Longo, whose client is in a wheelchair.
"Recovery for him has been very slow and painful," Longo said in May 2011, when Gaines was using a walker to move around the courtroom.