Burglary accomplice who knew pregnant victim is sent to prison
Jun 10, 2013 at 10:42 AM
A Willard teen who helped burglarize a pregnant woman's home and notified residents of officers' presence during a drug raid will be heading to prison for nearly five years.
Kyle E. Zarcone, 19, of 631 Pleasant St., was sentenced Thursday to a total of four years and 11 months for two separate crimes. Huron County Common Pleas Judge Jim Conway imposed a four-year prison term for a Feb. 4 burglary and 11 months for obstruction of justice, which is for a Dec. 19 incident.
"He's been a regular in the court system for the last four or five years," Huron County Prosecutor Russell Leffler told the judge.
At age 16, Zarcone was adjudicated in Huron County Juvenile Court for a burglary. Leffler said a receiving stolen property conviction for an incident when the defendant was 17 appeared to be a burglary, but it was determine that due to the large amount of stolen items.
"He hasn't learned anything," said Leffler, who called Zarcone a "total failure" while he was on probation through juvenile court.
"We believe a five-year prison term is necessary for the burglary," said the prosecutor, who recommended the sentence for obstructing justice be consecutive to that.
Zarcone's burglary accomplice, Joshua L. Cerritos, 19, of 704 S. Myrtle Ave., Willard, was sentenced last week to three years in prison. In mid-April, Cerritos pleaded guilty to one count of burglary in exchange for the dismissal of two other burglary charges.
As a part of Zarcone's April 23 guilty pleas, prosecutors dismissed one count each of burglary, tampering with evidence and aggravated possession of oxycodone.
Leffler said Zarcone knew the burglary victim and while she wasn't in fear of being injured or raped during the burglary, he said there's no excuse for Zarcone "marauding through the community" or "being in a drug house."
"I'm sorry for what I did," Zarcone quietly told the judge. "I want to get the help I need."
On Dec. 19, the Willard Police Department used a drug-related search warrant at Zarcone's residence.
A man who arrived with two people to pick up Zarcone talked about what happened with Sgt. Shannon Chaffins and an agent with the Ohio Bureau of Criminal Identification (BCI). According to the BCI interview, the witness said when marked and unmarked police vehicles arrived, he saw Zarcone turn around and run back into the apartment, while warning the occupants that officers were there.
"A bystander ended up being shot," Leffler said about a 19-year-old Toledo woman.
About the time officers fired at two charging pitbull dogs, one of the bullets hit the woman in the foot. One of the dogs also was shot.
The Willard burglary happened about 7:30 a.m. Feb. 4 when a woman who was eight months pregnant was home with her 9-year-old daughter.
The mother, who heard Zarcone and Cerritos leave, noticed her TV was missing from her living room. She also saw footprints in the snow heading away from an open window.
"He (Zarcone) believed nobody was home ... so he went ahead and went in," Huron County Public Defender David Longo said last week. "All Mr. Cerritos did was stand outside and secure the television set. They abandoned it during the pursuit by the police."
Police used the pair's footprints to find them lying down in the enclosed porch of a vacant residence about 3 1/2 blocks southwest of the victim's home. Officers earlier found the TV in a nearby alley.
Credited with spending 123 days in the Huron County Jail, Zarcone can apply for early release after 180 days in prison. Conway said he probably wouldn't grant it until later and likely would send him to a locked-down substance abuse treatment center.