Heroin defendant sent to prison

Cary Ashby • Jan 30, 2014 at 9:14 AM

A man convicted of possessing heroin was sentenced to nine months in prison Tuesday for violating his probation.

Gary A. Polachek Jr., 35, most recently of 1055 U.S. 224, Greenwich, violated the terms of his community control sanctions by unsuccessfully completing a program at Firelands Counseling & Recovery Services in May. Credited with serving 89 days behind bars, he will have about six months to serve in prison.

"His history of supervision was poor," said Huron County Assistant Prosecutor Daivia Kasper, who mentioned Polachek missed some office visits.

"Even though he claimed to be employed seasonally, he didn't pay on his fines," she added.

In mid-November, Polachek pleaded guilty to possessing heroin during a June 19, 2012 incident.

Polachek was arrested at his brother's house. Huron County Public Defender David Longo said officers didn't find any controlled substances on his client aside from some Zanax pills, which Longo said Polachek often carries on him because it's been stolen earlier.

Longo said it's unfair for Polachek to get a prison term simply for unsuccessfully completing the Firelands program because "normally there's more stuff ... before you get sent off the joint."

"It seems a little over the top," he added.

Polachek said Tuesday he had passed all of his drug screens until his arrest. He also said he missed two, two-hour sessions at Firelands but he misunderstood a conversation with his probation officer in which Polachek could make up the time in the winter.

"I put forth every effort I could put forth," Polachek said.

The defendant faces two felonies in connection with a separate July 16 incident. Polachek, who had been jailed since that date, is charged with one count each of having weapons under disability and possession of criminal tools.

The court rescheduled Polachek's trial date from Feb. 6 to Feb. 27 because Prosecutor Russell Leffler said he needs time to schedule U.S. marshals to testify.

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