Man convicted of heroin-related crime gets prison time
Jun 26, 2013 at 11:15 AM
A Collins man was sentenced to prison this week for violating his probation with a positive drug test.
Joseph S. Wyatt, 30, admitted during Monday's hearing to testing positive for Suboxone and opiates May 22.
"This is the third violation for Mr. Wyatt," probation officer Andrea Cooke told Huron County Common Pleas Judge Jim Conway.
On March 29, Wyatt was released from a community-based corrections facility (CBCF), a form of prison which focuses on substance abuse treatment and education. Cooke said the defendant was charged with disorderly conduct (intoxication) in connection with an April 17 incident.
Huron County Assistant Prosecutor Daivia Kasper and defense attorney Ben Chapman jointly recommended Wyatt serve 10 months in prison. Conway followed the recommendation and sentenced Wyatt to 10 months on each of his separate cases and ordered him to serve the prison terms at the same time.
"We don't add those together," Kasper said later. "He's going to be doing around eight months (in prison)."
The court credited Wyatt with already serving nine-plus months behind bars and ruled he would be kicked off probation after the prison term. The defendant declined to speak on his own behalf Monday.
Wyatt's underlying convictions are for separate offenses of possession of oxycodone and possession of heroin.
On Feb. 1, 2012, Wyatt was ordered to complete drug court as part of his three years of intensive probation for possession of oxycodone. Police used a warrant April 29, 2011 at a Norwalk apartment and seized 1.33 total grams of oxycodone and $227 in cash.
Wyatt also had to reimburse the Norwalk Police Department and Huron County Sheriff's Office $40 to cover the cost of drug testing.
In late June, Wyatt served a 30-day sentence on the work release program at the Huron County Jail. He tested positive for three drugs and failed to report to his probation officer three times between March and May 2012.
On Dec. 3, Wyatt was fined $250 for a possession of heroin conviction.
A few days later, he admitted to violating his probation. On Nov. 7 at a Huron County residence, probation officers were making home visits when they caught Wyatt with drugs and a spoon with heroin residue. The defendant said he used heroin before the visit.
The judge kicked Wyatt off the intervention-in-lieu-of-conviction program and ordered him to spend four to six months in a CBCF. Authorities arrested the defendant May 20 on a probation violation.
"He's been out of a CBCF for just over a month," Kasper said at the time.