MILLERSBURG — For her role in removing a change machine from a Millersburg area business, a local woman on Thursday was sentenced to local jail time.
Kimberly Foster, 27, of 625 Kenton Alley, Apt. A, Millersburg, previously pleaded guilty in Holmes County Common Pleas Court to an amended charge of attempted burglary. In exchange for her guilty plea, a related charge of theft was dismissed. The state also agreed to dismiss an unrelated charge of aggravated trafficking in drugs (meth).
She'd faced up to three years in prison, and while Judge Robert Rinfret imposed a term of two years, he suspended that in favor of five years of community control sanctions, to include six months in the Holmes County Jail.
Rinfret said he considered her relatively clean record, her current employment, her obligation to her four children, three of whom she has custody, and restitution payments in electing a non-prison sanction. Already she has paid $660 of a $3,770 restitution order. …show more content…
There has to be some kind of consequence.”
He further said he would consider reducing both terms of incarceration and probation when Foster meets her full financial obligation. However, he said, failure to do so or any violation of a court order, would trigger the imposition of the prison sentence.
At her February plea hearing, Foster said the burglary was motivated by an addiction to drugs, prompting Judge Robert Rinfret to make routine drug testing a condition of her presentence bond. Noting Foster is pregnant, due June 30, he warned, “You test positive and you have a baby inside you, I will guarantee you're going to prison.
Her codefendant, Derek Spurgeon, 36, formerly of Millersburg, was sentenced to two years in prison after pleading guilty to burglary. As part of his plea deal, a related charge of theft was
Kimberly Foster, 27, of 625 Kenton Alley, Apt. A, Millersburg, previously pleaded guilty in Holmes County Common Pleas Court to an amended charge of attempted burglary. In exchange for her guilty plea, a related charge of theft was dismissed. The state also agreed to dismiss an unrelated charge of aggravated trafficking in drugs (meth).
She'd faced up to three years in prison, and while Judge Robert Rinfret imposed a term of two years, he suspended that in favor of five years of community control sanctions, to include six months in the Holmes County Jail.
Rinfret said he considered her relatively clean record, her current employment, her obligation to her four children, three of whom she has custody, and restitution payments in electing a non-prison sanction. Already she has paid $660 of a $3,770 restitution order. …show more content…
There has to be some kind of consequence.”
He further said he would consider reducing both terms of incarceration and probation when Foster meets her full financial obligation. However, he said, failure to do so or any violation of a court order, would trigger the imposition of the prison sentence.
At her February plea hearing, Foster said the burglary was motivated by an addiction to drugs, prompting Judge Robert Rinfret to make routine drug testing a condition of her presentence bond. Noting Foster is pregnant, due June 30, he warned, “You test positive and you have a baby inside you, I will guarantee you're going to prison.
Her codefendant, Derek Spurgeon, 36, formerly of Millersburg, was sentenced to two years in prison after pleading guilty to burglary. As part of his plea deal, a related charge of theft was