Burkhart receives sentence
• Drake given three months for trafficking
ST. CLAIRSVILLE — A man who led police on a dangerous high-speed chase in the area of Bridgeport and Wheeling was sentenced Monday before Belmont County Common Pleas Judge Frank Fregiato.
Anthony James Burkhart, 29, of Martins Ferry, was sentenced to the maximum of one and a half years in prison for attempted failure to comply with the order or signal of police, a felony occurring Dec. 6. According to reports, the incident began on Ohio 7 and continued into Bridgeport and Wheeling.
Burkhart expressed regret, adding that he remembered little of the incident.
Fregiato described the police report of the event, adding that Burkhart’s registration was expired and his license suspended at the time, and there were active warrants for his arrest.
“Burkhart failed to stop when lights and sirens were activated. Burkhart crossed the double yellow line while traveling at approximately 40 mph in an aggressive attempt to swerve around cars,” he said. “Several vehicles in the opposing lane of travel were endangered by Mr. Burkhart’s aggressive actions.”
Fregiato said law enforcement eventually stopped Burkhart and pulled him from his vehicle.
“Mr. Burkhart was uncompliant, even then, even then, and was taken to the ground and placed in handcuffs,” he said, adding that Burkhart’s actions put the lives of citizens and officers in danger.
Fregiato reviewed Burkhart’s prior records, including charges of driving under suspension, failure to display plates, convictions and charges for theft, convictions for fraud and domestic battery.
“We have an individual with a situation that again, we are extremely lucky bystanders were not absolutely killed and the officers were not seriously injured,” Fregiato said, adding that the maximum sentence was warranted.
“I would give him more, but that’s the maximum available, because quite frankly, you put the whole community at risk. You put the average family driving to McDonald’s at risk of getting killed,” he said. “The officers who’ve got family waiting for them at home, you put at risk. Serious risk.”
In other matters, Raymond Nelson Drake, 30, of Cleveland, was sentenced to three years of community controls for trafficking in drugs, a felony occurring July 21, 2016. He was given six months in jail, six months at the Eastern Ohio Correction Center. His driver’s license was suspended for one year.
Drake apologized and defense asked Fregiato to consider his attempts to reform. Fregiato reviewed Drake’s prior record, including convictions for criminal trespassing, obstructing official business, numerous drug-related charges, and charges for receiving stolen property.
Fregiato ordered intensive drug and alcohol counseling.
Lawanda Sade Hubbard, 25, of Akron, came before Fregiato requesting early release. Fregiato allowed it after the passage of five months. She was convicted of theft, occurring Feb. 13.
She was sentenced in December and given three years of community control sanctions, including six months in jail and six months at the Eastern Ohio Correction Center, with credit for 34 days. A violation would result in one year in the penitentiary. She asked for early release, having served three months in jail with credit for one month served. Hubbard was a co-defendant in a shoplifting ring that targeted the Ohio Valley Mall. More than $1,000 of merchandise was stolen.
Mark Damon Murphy, 28, of Wheeling, was sentenced after self-terminating from drug court. He was originally convicted of one count of possession of drug instruments, a felony, and one count of possession of drugs, also a felony, occurring June 18, 2016. Fregiato imposed a sentence of six months in jail, six months at the Eastern Ohio Correction Center, with credit for 225 days served. He will be given the first available bed at the correction center. A violation will result in 18 months. His driver’s license was suspended for one year.
Joshua Ryan Smerczynski, 23, incarcerated, pleaded guilty to attempted tampering with evidence, a felony occurring Dec. 5. His sentence was set for April 9. A pre-sentence investigation was ordered.
Brian Michael Starkey, 39, of Carrollton, was sentenced to three years of community control sanctions and serve six months in jail, six months at the Eastern Ohio Correction Center for receiving stolen property, a felony of the fourth degree occurring April 20, 2016. A violation will result in a sentence of 12 months. Fregiato reviewed his priors, including disorderly conduct, domestic violence and reckless operation.