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Appellate court rules drug addiction didn't contribute to weapons charge
JESSICA SHAMBAUGH
Special to the Legal News
Published: July 6, 2015
The 12th District Court of Appeals recently reversed a Preble County Court of Common Pleas decision granting a man intervention in lieu of conviction after he fired a weapon near a water park.
The three-judge appellate panel sustained an argument from the state, finding that the common pleas court failed to find that Charles Tolson’s alcohol dependence was a factor in the shooting.
“On remand, the trial court may either make the necessary findings in order for Tolson to be eligible for ILC pursuant to R.C. 2951.041(B)(6), or, if such a finding cannot be made, conduct further proceedings in accordance with law,” Judge Robert Ringland wrote on behalf of the appellate court.
Tolson’s case stemmed from reports that two men with a dog had discharged a firearm near Water Works Park on May 9, 2014.
Police eventually identified Tolson as a suspect and he acknowledged he was carrying a gun, which officers found tucked into his rear waistband. Tolson also admitted that he had fired the gun.
One of the officers questioned Tolson about the smell of alcohol, and Tolson claimed he had consumed a single beer hours before the shooting.
He was charged with one count of carrying concealed weapons and one count of discharge of a firearm on or near a prohibited premises.
He then moved for ILC, claiming that his offenses were a result of his drug dependence.
To support that motion, he provided an evaluation from the Recovery and Wellness Centers of Midwest Ohio that stated he was an abuser of alcohol and opioids.
After reviewing the information, the trial court granted Tolson’s motion and the state appealed to the 12th District.
Upon review, the appellate judges found that to grant ILC, a trial court must find that the offender’s drug or alcohol usage was a factor leading to the criminal offense at hand.
“In the present case, the trial court failed to make a finding that Tolson’s drug or alcohol usage was a factor leading to his carrying concealed weapons and discharging a firearm near prohibited premises,” Ringland stated.
The judges noted that the trial court reviewed the report from addiction services and properly found that Tolson was at risk of abusing drugs and alcohol if he did not receive treatment.
It also noted the trial court’s explanation that ILC could provide that treatment and reduce Tolson’s chances of recidivism.
“However, R.C. 2951.041 does not make ILC available to anyone who suffers from addiction or is in need of treatment,” Ringland continued. “Rather, ILC is available where drug or alcohol usage was a factor leading to the instant offense. Therefore, absent a finding by the trial court that alcohol or drug usage was a factor leading to the offenses with which he was charged, Tolson was not eligible for ILC.”
Presiding Judge Robin Piper and Judge Robert Hendrickson concurred.
The case is cited State v. Tolson, 2015-Ohio-2320.
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