counroFFdia'nlin'tio~ PLEAS JUL 0 2 2012 L|l\llJA K. FANKHAUSER, CLERK, INDICTMENT: IMPROPERLY HANDLING '0 FIREARM IN MOTOR POSSESSION OF CARRYING A CONCEALED OPERATING VEHICLE WHILE INTOXICATED (2 Cts) COUNTONE cAs.E1?.0 THE STATE OF OHIO 3 SS A ENLOW PORTAGE COUNTY COMMON PLEAS COURT Of the Term of April in the Year of Our Lord Two Thousand Twelve. The Jurors of the Grand Jury ofthe State of Ohio, within and for the Body of the County Aforesaid, on their Oaths, in the Name and by the Authority of the State of Ohio, do find and present that Daniel P. Fitzpatrick on or about the 25th day of December, 2011, at the County of Portage, State of Ohio Aforesaid did knowingly transport or have a loaded handgun in a motor vehicle and, at the time of transportation or possession, the person is under the influence of alcohol, a drug of abuse, or a combination of them. Said act being Improperly Handling Firearm in Motor Vehicle, a Felony of the Fifth Degree, Contrary to and in violation of Section 2923.16 (D) (1) of the Ohio Revised Code, and Contrary to the form of the Statute in such case made and provided and Against the Peace and Dignity of the State of Ohio. VICTOR V. VIGLUICCI PROSECUTING ATTORNEY BY: PROSECUTING ENDORSED: A TRUE BILL FOREPERSON OR DEPUTY FOREPERSON INDICTMENT: IMPROPERLY HANDLING FIREARM IN MOTOR POSSESSION OF CARRYING A CONCEALED OPERATING VEHICLE WHILE INTOXICATED (2 Cts) COUNT TWO CASE NO. THE STATE OF OHIO SS PORTAGE COUNTY COMMON PLEAS COURT Of the Term of April in the Year of Our Lord Two Thousand Twelve. The Jurors of the Grand Jury of the State of Ohio, within and for the Body of the County Aforesaid, on their Oaths, in the Name and by the Authority of the State of Ohio, do find and present that Daniel P. Fitzpatrick on or about the 25th day of December, 201 1, at the County of Portage, State of Ohio A foresaid did knowingly obtain, possess, or use Pentedrone (similar to Methcathinone), a Schedule I controlled substance, in an amount less than one gram, and the chemical structure of the substance is substantially similar to the structure of a controlled substance in Schedule I or II, and the substance has a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater that the stimulant depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II, or with respect to a particular person, that person represents or intends the substance to have a stimulant, depressant, or hallucinogenic effect on the central nervous system that is substantially similar to or greater that the stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II. Said act being Possession of Drugs, a Felony of the Fifth Degree, Contrary to and in violation of Sections 3719.01 (HH) and or (ii) and 2925.11 (A) (C) (1) of the Ohio Revised Code, and Contrary to the form of the Statute in such case made and provided and Against the Peace and Dignity of the State of Ohio. VICTOR V. VIGLUICCI PROSECUTING ATTORNEY BY: V17//?gwg PROSECUTING ENDORSED: A TRUE BILL OR DEPUTY FOREPERSON NOTICE: You are under Indictment for an offense involving the illegal possession, use, sale, administration, distribution or trafiicking in any drug of abuse and, pursuant to Section 2923.13 of the Ohio Revised Code, you are prohibited from acquiring, having, carrying, or using any firearm or dangerous ordnance while under Indictment. A violation of this statute constitutes a separate felony offense. INDICTMENT: IMPROPERLY HANDLING FIREARM IN MOTOR POSSESSION OF CARRYING A CONCEALED OPERATING VEHICLE WHILE INTOXICATED (2 Cts) COUNT THREE CASE NO. THE STATE OF OHIO ss PORTAGE COUNTY COMMON PLEAS COURT Of the Term of April in the Year of Our Lord Two Thousand Twelve. The Jurors of the Grand Jury of the State of Ohio, within and for the Body of the County Aforesaid, on their Oaths, in the Name and by the Authority of the State of Ohio, do find and present that Daniel P. Fitzpatrick on or about the 25th day of December, 2011, at the County of Portage, State of Ohio Aforesaid did knowingly carry or have, concealed on his person, or concealed ready at hand, a deadly weapon or dangerous ordnance, to wit: Glock 9mm handgun, and the weapon was loaded or ammunition was ready at hand. Said act being Carrying A Concealed Weapon, a Felony of the Fourth Degree, Contrary to and in violation of Section 2923.12 of the Ohio Revised Code, and Contrary to the form of the Statute in such case made and provided and Against the Peace and Dignity Of the State of Ohio. VICTOR V. VIGLUICCI PROSECUTING ATTORNEY BY: PROSECUTING FOREPERSON OR DEPUTY FOREPERSON ENDORSED: A TRUE BILL INDICTMENT: IMPROPERLY HANDLING FIREARM IN MOTOR POSSESSION OF CARRYING A CONCEALED OPERATING VEHICLE WHILE INTOXICATED (2 Cts) COUNT FOUR CASE No. THE STATE or OHIO ss PORTAGE COUNTY COMMON PLEAS COURT Of the Term of April in the Year of Our Lord Two Thousand Twelve. The Jurors of the Grand Jury of the State of Ohio, within and for the Body of the County Aforesaid, on their Oaths, in the Name and by the Authority of the State of Ohio, do find and present that Daniel P. Fitzpatrick on or about the 25th day of December, 2011, at the County of Portage, State of Ohio Aforesaid did operate a motor vehicle within the State of Ohio while he was under the influence of alcohol, a drug of abuse, or a combination of them. Said act being Operating Vehicle While Intoxicated, a Misdemeanor of the First Degree. Contrary to and in Violation of Section 4511.19 (A) (1) and 4511.19 (G) of the Ohio Revised Code, and Contrary to the form of the Statute in such case made and provided and Against the Peace and Dignity of the State of Ohio. VICTOR V. VIGLUICCI PROSECUTING ATTORNEY BY, PROSECUTING ENDORSED: A TRUE BILL ,2 FOREPERSON OR DEPUTY FOREPERSON INDICTMENT: IMPROPERLY HANDLING FIREARM IN MOTOR POSSESSION OF CARRYING A CONCEALED OPERATING VEHICLE WHILE INTOXICATED (2 Cts) COUNT FIVE CASE NO. THE STATE OF OHIO ss PORTAGE COUNTY COMMON PLEAS COURT Of the Term of April in the Year of Our Lord Two Thousand Twelve. The Jurors of the Grand Jury of the State of Ohio, within and for the Body of the County Aforesaid, on their Oaths, in the Name and by the Authority of the State of Ohio, do find and present that Daniel P. Fitzpatrick on or about the 25th day of December, 201 1, at the County of Portage, State of Ohio Aforesaid did operate a motor vehicle within the State of Ohio, and as measured by gas chromatography mass spectrometry, while having a concentration of marihuana metabolite in his urine of at least fifteen (15) nanograms of marihuana metabolite per milliliter of his ufinm Said act being Operating Vehicle While Under the Influence, a Misdemeanor of the First Degree. Contrary to and in Violation of Section 4511.19 (A) (1) (I) and 4511.19 (G) of the Ohio Revised Code, and Contrary to the form Of the Statute in such case made and provided and Against the Peace and Dignity Of the State Of Ohio. VICTOR V. VIGLUICCI PROSECUTING ATTORNEY BY: PROSECUTING OR DEPUTY FOREPERSON ENDORSED: A TRUE BILL The State of Ohio CO Portage 1, Linda Fa1iJd1a.'L1se1', oithe 0t'Co1i111io1i in a1'i_Cl for said County, do hereby mid 'fm*egoi11g, is El true and correct eopyoft1'ieiOrigi11aJ 'together with the e11do1'se111e11ts thereon, now 013 file in nay off] ee, Witness my signature and the seal of this Court, this day of 2012. CLERK OF COURTS BY: Deputy Clerk WARRANT TO ?a\EsT ON INDICTMENT BEING ISSL BEFORE THE DEFENDANT HAS APPEARED on WAS SCHEDULED TO APPEAR COURT OF COMMON PEEAS, PORTAGE COUNTY, OHIO 2o12cR 00437 STATE on 01-110 2' LINDA FANKHAUSER, CLERK PORTAGE COUNTY. OHIO VS DANIEL FITZPATRICK TO THE SHERIFF OF PORTAGE COUNTY: An indictment, a copy of which is attached hereto, has been filed in the Portage County Common Pleas Court charging defendant with the offense of: INEPROP. HANDLING OF FIREARM IN POSSESSION OF DRUGS-2925 .11 CARRYING CONCEALED OVI OPERATING VEHICLE UNDER 1.19 (2 CTS) YOU ARE ORDERED TO ARREST: DANIEL FITZPATRICK And bring said person before said Court without unnecessary delay. Given under my hand and seal of the Portage County Common Pleas Court on this July 2, 2012. Linda Fankha ou1-ts Deputy Clerk Date: July 2, 2012 RETURN OF SERVICE I RECEIVED THIS WARRANT ON AT AND ON - I MADE PERSONAL SERVICE ON DAVID DOAK, SHERIFF DEPUTY FEES: MILEAGE BOOKING TOTAL I 3'8 I WARRANT TO ARREST ON INDICTMENT BEING ISSUED BEFORE THE DEFENDANT HAS APPEARED OR WAS SCHEDULED TO APPEAR COURT OF COMMON PLEAS, PORTAGE COUNTY, OHICR COURT OF COMMON PLEAS LINDA CLERK PORTAGE coumr, omo DANIEL FITZPATRICK 2012 CR 00437 STATE OF OHIO TO THE SHERIFF OF PORTAGE COUNTY: An indictment, a copy of which is attached hereto, has been filed in the Portage County Common Pleas Court charging defendant with the offense of: IMPROP. HANDLING OF FIREARM IN MV--2923.16 POSSESSION OF DRUGS-2925.11 CARRYING CONCEALED WEAPON--2923.12 OVI OPERATING VEHICLE UNDER THE INF LUENCE451 1.19 (2 CTS) YOU ARE ORDERED TO ARREST: DANIEL FITZPATRICK And bring said person before said Court without unnecessary delay. Given under my hand and seal of the Portage County Common Pleas Court on this July 2, 2012. Linda Fankhanser, Clerk of Courts FILED coum OF common PLEA5 Deputy Clerk AUG 0 9 2012 Date! Jilly 2, 2012 POHTAGE GUUNW GHIO RETURN OF SERVICE I RECEIVED THIS WARRANT ON Q51 0% ,20fi, AT /5170 . AND ON fig: I MADE PERSONAL RVICE ON . DAVID DOAK, SHERIF 0 00 EPUTY FEES: MILEAGE 2 on ly/* 07% WA 04/9,, #7 er cc: Attorney Tim Hart coumopfig-EPRJN 0 2 2012 IN THE COURT OF common PLEAS PORTAGE COUNTY. OHIO STATE OF OHIO CASE NUMBER 2012 on PLAINTIFF JUDGE JOHN ENLOW vs WITNESS LIST DANIEL P. FITZPATRICK DEFENDANT prosecuting attorney. 1. Tpr. Jordan 2, Tpr_ Womer OSP 67 OSP 67 6259 S.R. 14 6259 S.R. 14 Ravenna, Ohio 44266 Ravenna, Ohio 44266 3. Tpr. Abbey 4. Lisa M. Crow OSP 67 OSP Crime Lab 6259 S.R. 14 1583 Alum Creek Ravenna, Ohio 44266 Columbus, Ohio 43209 5. Joseph 0. Jones 6. Kara L. Klontz OSP Crime Lab OSP Crime Lab 1583 Alum Creek 1583 Alum Creek Columbus, Ohio 43209 Columbus, Ohio 43209 Respectfully submitted, Eric Fin' gan (0076361) Assist tProsecutor 241 South Chestnut Street Ravenna OH 44266 (330) 297-3850 Proof of Service A copy of the above Witness List was delivered on the time-stamped date to: Attomey Tim Hart - Courthouse Mailbox Eric Ffifian ILED COURT orFcotmoN PLEAS LL DEC 2 1 2012 3 IN THE COURT on COMMON PLEAS unummuouusm. cm-'at. PORTAGE COUNTY, OHIO PORTAGE couuw. OHIO STATE OF OHIO CASE NO 2012 on 00437 Plaintiff vs. Judge John A. Enlow DANIEL P. FITZPATRICK Monou FQR REE NTIQN Defendant Now comes the Defendant, Daniel P. Fitzpatrick, by and through counsel, and, pursuant to 0.R.C. 2951.041, moves the Court for Intervention in Lieu of Conviction. For cause, Defendant represents that he is a qualifying offender and the offense herein is a qualifying offense. Submitted, Timothy J. Hart -- (0031223) Attorney for Defendant 136 North Water Street, Suite 209 Kent, OH 44240 330-673-4181 CEETIFIQATE OF The undersigned certifies that a copy of the above Motion was sent via Courthouse Mail to the Portage Co. Prosecutor this 21st day of December 2012. Timothy J. Hart FILED COURT OF COMMON PLEAS IN THE COURT OF COMMON PLEAS DEC 2 4 21.11? PORTAGE OHIO UNDA K. FANKHAUSET ff" STATE OF OHIO, CASE NO. 2012 CR 0437 Plaintiff JUDGE JOHN A. ENLOW DANIEL P. FITZPATRICK JUDGMENT ENTRY Defendant This matter came before the Court on Friday, December 21, 2012, for a Hearing on Intervention in Lieu of Conviction. Present in Court was the Assistant Prosecuting Attomey, Eric Finnegan, appearing on behalf of the State of Ohio and Defendant represented by Attorney Timothy Hart. IT IS THEREFORE ORDERED the Defendant shall report to the Portage County Adult Probation Department to be interviewed and determine if Defendant qualifies for Intervention in Lieu of Conviction. This matter shall be set for further hearing. IT IS SO ORDERED. JUDGE JO . ENLOW COURT OF MMON PLEAS cc: Assistant Prosecuting Attorney Attorney for Defendant Adult Probation Department FILED IN THE COURT OF COMMON PLEAS COURT OF PLEA5 PORTAGE COUNTY, OHIO JAN 3 0 20,3 LINDA K. FANKHAUSER. CLERK, STATE OF OHIO, CASE NO. 2012 CR ggfliffifi 999""? Plaintiff JUDGE JOHN A. ENLOW DANIEL P. FITZPATRICK JUDGMENT ENTRY Defendant This matter came before the Court on Monday, January 28, 2013, for Intervention in Lieu of Conviction and a Plea Hearing. Present in Court was the Assistant Prosecuting Attorney, Eric Finnegan, appearing on behalf of the State of Ohio and the Defendant represented by Attorney Timothy Hart. The Court finds Count Four is bifurcated for sentencing purposes and shall be labeled 2012 CR 043 7B. The Court finds the Defendant is drug dependant and that factor lead the Defendant to commit this offense, therefore the Defendant is eligible for Intervention in Lieu of Conviction. y" The Court further finds that the Defendant has entered a Written Plea of Guilty pursuant to Crim. R. 1l(F) Plea Negotiations in Case No. 2012 CR 0437A to Count Two, of the Indictment, charging the Defendant with the offense of "Possession of Drugs a felony of the fifth degree, and in violation of R.C. and b, i or ii) and 2925.1 Count Three, "Carrying a Concealed Weapon" a felony of the fourth degree, in violation of IEC. 2923.12. The State of Ohio entered a Nolle Prosequi to the remaining Counts of the Indictment. The Court thereupon notified the Defendant after release from prison, the Defendant may be supervised under post release control R.C. 2967.28 for a period of three years. The Court further notified the Defendant that if the Defendant violates the terms of the post- release control, the Defendant could receive an additional prison term not to exceed 50 percent of his original prison term. Also, that if the Defendant is granted community control at any point, the Defendant will have conditions to follow and if the Defendant violates any of those conditions, there could be given a longer period under Court control and/or greater restrictions, or a prison term up to one year for the felony five and eighteen months for the felony four. IT IS THEREFORE ORDERED that the Court finds the Defendant is knowingly and voluntarily entering this Written Plea of Guilty and, therefore, the Court accepts the Defendant's Written Plea of Guilty and makes a finding of Guilty. Further, the Court accepts the Nolle Prosequi to the remaining Counts of the Indictment. It IT IS FURTHER ORDERED in Case No. 2012 CR 0437A, that the Defendant is to I undergo random substance abuse testing. lx/I Err The Court notified the Defendant failure to complete said program will result in being sentenced on the aforementioned charges Defendant has plead guilty to. IT IS FURTHER ORDERED that the Defendant's bond is continued as previously fixed ft. ENLOW herein. IT IS SO ORDERED. JUDGEW cc: Assistant Prosecuting Attorney Attorney for Defendant Portage County Adult Probation Department .33 IN THE COURT OF COMMON PLEAS WRITTEN PLEA OF GUILTY mow" PORTAGE COUNTY, OHIO STATE OF OHIO, cAsE NO: 2012 CR 0437 Plaintiff' counr PLEAS -vs- JUDGE IOHN ENLOW JAN 3 0 20,3 DANIEL P. FITZPATRIQK i LINDA K. FANKHAUBER. CLERK. 5 Defendant Now comes Defendant herein, who states the following: 1. That I have been informed by my Attorney and by the Judge and I understand the nature of the charge to which I am pleading guilty, I admit and plead guilty to: Count 2 -- Possession of Drugs (F5) -- 3719.01 (HIT) (a and b, i or ii) and 2925.11 (A), (C1a) Count 3 -- Carrying Concealed Weapon (F4) -- 2923.12 Count 4 - OVI (M1) -- 4511.19 (Ala). (G) - ll" Offense W/in 6 years] w/ State to concur w/ forfeit weapon and that it carries a maximum penalty of: 12 months 8: $2500 CC 8: 0L Susp on Ct 2; 18 months $5000 CC on Ct 3: 180 Days 8: $1075 ($375 minimum) 8: CC 8: OL Susp on Ct 4 and that the prison term the judge imposes will be the term served. 2. I have been informed that if I am imprisoned that after my release from prison I or be supervised under post release control R.C. 2967.28 for years. I understand that ifI violate the terms of my post release control I could receive an additional prison term not to exceed 50% of my original term in prison. I also understand that if I am granted community control at any point, I will have conditions to follow and if I violate any of those conditions, I could be given a longer period under court control and/or greater restrictions, or a prison term of on Ct 2: 18 months on Ct 3 3. That I have been informed by my Attorney and by the Judge of the effect of my guilty plea and its consequences, and I understand them; and that upon accepting my guilty plea the Court may immediately proceed with judgment and sentencing. 4. That I have been informed by my Attorney and by the Judge that by pleading guilty I waive the following Constitutional Rights and I understand these rights and it is my intention to waive them: My right to a jury trial. My right to confront and cross-examine the witnesses against me. My right to have compulsory process, that is the right to Subpoena Witnesses to Court to testify in my favor. My right to require the State to prove my guilt beyond a reasonable doubt at a trial at which I could not be compelled to testify against myself. 5. That I have been informed that by pleading guilty I waive my right to appeal any issues that might have been raised had I gone to trial and been convicted, and I understand that right of appeal and it is my intention to waive it. 6. That I have been fully advised by my Attorney of the Criminal Rule 11 (F) plea negotiations which have also been stated in open Court and I accept those negotiations as my own. 7. That no promises or threats have been made to me by anyone to secure my guilty plea in this case, nor have I been coerced in any way by any person to plead guilty. 8. That I have either read this Written Plea of Guilty or it has been read to me and I understand it, and that I wish to waive all of the rights set forth herein and voluntarily plead GUILTY to the charge(s) set forth above. 9. That I have receive iscovery in this matter, and would move to withdraw any motions previously filed on behalf, including but not limited to a motion for a Bill of Particulars. 10. That citizen of the United States of America. (PLEASE INDICATE) (If not a citizen of the United States of America) I understand that my plea of GUILTY could result in a deportation, and or exclusion from admission to the UNITED STATES OF enial of turali tion. ATTORNEY FOR DEFENDANT Signed in Open Court this (Date): I "'32 IOURNAL ENTRY The Court finds that the Defendant appeared in open Court and was advised of all his/her Constitutional Rights as set forth in his/her written plea of guilty and that hefshe understood, waived, and rejected them before entering his/her plea, and that he/she understood the effects of the plea, and that upon accepting the plea, the Court may immediately proceed with judgment and sentence. The Defendant's written plea of guilty as set forth above is ac ed and ordered filed. The Defen ant is referred to the Pro on Department for Statutory Investigation NEOCAP Evaluation FILED COURT OF COMMON PLEAS Interventio Lieu of Conviction JAN 3 0 2013 1 Bond 15 uu AKFANKHAUBER, CLERK. RTABE GGUNPH DHIO IT IS so ORDERED. IUDGE, CO OF COMMON PLEAS FILED - 00URToi=coMMo~ PLEAS IN THE COURT OF COMMON PLEAS JAN 3 1 23,3 PORTAGE COUNTY, OHIO "Mm FA STATE OF OHIO, CASE NO. 2012 CR 04373 Plaintiff JUDGE JOHN A. ENLOW --VS.. DANIEL P. FITZPATRICK JUDGMENT ENTRY Defendant Nunc Pro Tune This matter came before the Court on Monday, January 28, 2013 for a Plea and Sentencing Hearing. Present in Court were the Assistant Prosecuting Attorney, Eric Finnegan, appearing on behalf of the State of Ohio and the Defendant represented by Attorney Timothy Hart. The Court finds that the Defendant has entered a Written Plea ofGuilty pursuant to Crim. R. Plea Negotiations in Case NO. 2012 CR 043 7B to Count Four of the Indictment charging the Defendant with the offense of "Operating a Vehicle While Under Alcohol", 15' offense, a misdemeanor of the first degree, in violation of R.C. 451 --TT1e--(Iourffi1rther finds that the Defendant entering the Written Plea of Guilty and makes a finding of Guilty. Further, the Court accepts the Defendant's Written Plea of Guilty. IT IS THEREFORE ORDERED the Defendant shall serve ten (10) days in the Portage County Jail and pay a All of said jail sentence is suspended on the condition that the Defendant shall complete the three (3) day OVI school. Further, if you fail to pay the judgment for fines or court costs or fail to follow your payment schedule the court may order you to perform community service in an amount of $8.00 per hour not more than forty hours per month until the judgment is paid or until the court is satisfied that you are in compliance with the approved $1 ad payment schedule. IT IS FURTHER ORDERED Defendant's ri he State of Ohio is suspended for six months. After Defendant has served fifteen ays of hard time suspension therefore Defendant may have driving privileges for work, probation and treatment if otherwise valid. Further, Defendant's license suspension shall be credited back to the date of arrest and the administrative license suspension shall be terminated. IT IS SO ORDERED. 4 :7 JUDGE JOHN . ENLOW COURT OF MMON PLEAS cc: Assistant Prosecuting Attorney Attorney for Defendant Adult Probation