So-called “plea bargains” at times draw the ire of the public. But both prosecutors and defense attorneys say they are part of the legal process, and in reality, a small percentage of felony case actual go to trial, according to officials.
In 2018, there were 2,260 criminal cases filed and 23 jury trials. Seven of those included pleas before trial, according to the Butler County Clerk of Courts Office. In 2019, there were 2,016 criminal cases filed and 25 jury trials, five of which ended in pleas and two of which were cancelled.
Susan Paul commented on social media: “Plea deals should not be permitted when a murder is involved. He should have been sentenced to life.” to the plea of Cody Colwell in Warren County the the death of his infant son and abuse of his stepson.
On Jan. 3, Cody Colwell of Clearcreek Twp. pleaded guilty in Warren County Common Pleas Court to amended charges of voluntary manslaughter and felonious assault for the death of his infant son, Cayden.
Colwell was indicted by a grand jury in the spring for murder, felonious assault, and two counts of endangering children following an investigation of the death of Cayden Colwell, who was found unresponsive in a Clearcreek Twp. home in April. He was later charged with abusing his stepson as well.
Judge Timothy Tepe sentenced Colwell to the maximum sentence of 19 to 24½ years in prison. That means he will have to serve the minimum of 19 years and can serve up to 24½ years for any bad behavior in prison.
According to prosecutors, Colwell acted in a fit of rage when he caused Cayden’s fatal head injuries.
Warren County Prosecutor David Fornshell said Colwell will have to serve more time in prison before being eligible for parole than if he pleaded guilty to the murder charge.
The sentence for murder is life in prison with parole eligibility after 15 years. And some charges are allied offenses, meaning the defendant could not be sentenced on all charges.
Fornshell said in cases involving child abuse or death, there are challenges because victims cannot tell police or prosecutors what happened. So, when Colwell’s defense team approved his office about a guilty plea to a charge whose minimum years before possible parole were more than a murder conviction, they were open to the discussion.
“It made sense to make that agreement,” he said.
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This month in Butler County cases, William Powell of Middletown pleaded guilty to unlawful sexual conduct with a minor, a third-degree felony. The 70-year-old was charged with three counts of rape, gross sexual imposition, two counts of unlawful sexual conduct with a minor and contributing to the unruliness or delinquency of a minor. The plea came just before opening statements in his trial.
Powell faces a maximum of 60 months in prison, and sentencing is scheduled for next month.
Tony Wilson commented on social media: “He took a plea deal for less time. Why offer a plea deal if (they’re) guilty give ’em the max without parole.”
Assistant Butler County Prosecutor Kelly Heile, who tried the case, said the plea was accepted after consulting with the victim, who is now and adult. The age of the charges also were considered age of the crimes, which occurred in 2010 when the victim was a teen.
“The victim’s wishes were a strong factor in the state’s agreeing to accept Powell’s guilty plea in which he finally admitted to engaging in criminal sexual conduct with the victim after he had denied the allegations for over a year,” Heile said.
Also this month, Johnanthony Boyd of Hamilton was sentenced to life in prison with the possibility of parole after 15 years for raping a child and filming that child in a sex act. Boyd pleaded guilty to one count of pandering sexually oriented matter involving a minor and one count of rape. The 17 other charges involving child pornography were dismissed.
Heather Brock-Quintero commented on social media: “They need to put these pedophiles away they just slap them on the hand and its ridiculous.”
Heile said in accepting a plea for Boyd, the prosecution considered the possibility of avoiding the young victim being forced to testify at a trial. They knew the charge to which Boyd was pleading guilty carried a sentence with parole eligibility after 10 years, but his sentence ended up being more severe.
MORE: Hamilton man gets life in prison after child rape, filming sex act
Longtime Warren County attorney Charles H. Rittgers, who defended Carlisle’s Brooke Skylar Richardson last year in a trial that resulted in her acquittal in the death of her infant, said most cases end with a plea.
“If every case went to trial, the system would collapse. The system couldn’t handle it,” he said.
In Richardson’s case, there was an “offer to make an offer” by the prosecution for her to plead guilty to involuntary manslaughter and other felonies in exchange for an aggravated murder charge being dropped, Rittgers said.
“They gave her two weeks, and Skylar pondered it. Ultimately, she decided she could not plead to something she didn’t do,” he said.
Rittgers said he does believe in some cases defendants are “over charged” at the grand jury level as leverage for negotiating a plea, but there are usually some elements to the crime of which they may be guilty.
“You have to consider how strong your defense is, the weight of the evidence and what your client is actually guilty of. There may be some crimes in the indictment they are not guilty of, but there is something or some element of the crime they are guilty of,” Rittgers said.
Butler County defense attorney David Washington said few cases case go to trial, and advising a client to accept a plead guilty comes after a review of the evidence and understanding of what elements of the alleged crimes have been met.
But ultimately, it is up to the defendant to accept a plea.
“At the end of the day, it is their decision. It is their life,” Washington said. “But they will know the weight of the evidence, what can happen if they are found guilty and my opinion of what they should do. But, if they want to try it, I am going to trial.”
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