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LISBON -- A Lisbon man was given 60 days to prove to Common Pleas Court Judge Scott Washam why he should not be sent to prison for a burglary after climbing in and out of a woman's home through a window in October of 2017.
Robert A. Cunningham, 40, Caldwell Street, Lisbon, had pleaded guilty to both burglary and receiving stolen property for the incident, which Assistant County Prosecutor Tammie Riley Jones said Friday involved the home of a former girlfriend, Sunny Wright, and the possession of Wright's dog.
Jones said Cunningham's story had changed as the matter was being investigated by sheriff's deputies. While no one was injured, Jones noted Cunningham violated Wright's home and took a pet, which many people consider a part of the family.
Jones is seeking a 12-month prison sentence for Cunningham, who she pointed out has been unsuccessful in the past on community control. He also has failed to appear for previous hearing in the case.
Defense attorney Paul Conn reminded the court Cunningham has an extensive misdemeanor record, but this is the first felony charge against him. Additionally, Conn said Cunningham has a long history of alcohol problems and marijuana use. Both Conn and Cunningham asked Washam to consider sending him to the Eastern Ohio Correctional Center for help.
"You're 40 years old by my calculations," Washam said. "You are not a young man anymore. You are at a crossroads."
He went on to ask Cunningham why he has not already addressed his substance problems in the past 20 years and pointed out Cunningham is $20,000 in arrears in paying his child support.
"I don't believe your version of events," Washam said. "I believe you were trying to break in. I don't believe you were trying to return a dog."
Washam ordered Cunningham to get help, get a job and start making payments toward his child support during a 60-day continuance in his sentencing hearing. He also told him to clear up a warrant for a misdemeanor case Cunningham reportedly has in West Virginia.
The next sentencing hearing is set for Nov. 8.
djohnson@mojonews.com