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LISBON -- A Lisbon man was sentenced to attend the Eastern Ohio Correctional Center as part of his community control after breaking into the home of someone he knew and ending up with possession of her dog.
Robert A. Cunningham, 40, East Liverpool Road, Lisbon, had pleaded guilty in June to burglary and receiving stolen property. Prior to sentencing on Friday, he attempted to withdraw his guilty pleas on the charges.
Cunningham's defense attorney Paul Conn said while Cunningham has an extensive record, the burglary charge is his first felony charge. After pleading guilty to the charge, Conn said Cunningham found the felony conviction was impeding his ability to find work and he is court ordered to pay child support.
Judge Scott Washam denied Cunningham's request to withdraw his plea, agreeing with Assistant County Prosecutor Tammie Riley Jones who contended a change of heart is not enough of a reason to allow someone to withdraw his plea.
According to Jones, Cunningham has delayed this case since 2017 at times not appearing for court and having to be located after a bench warrant was issued. She noted the victims in the case deserved to see the case resolved.
Jones said Cunningham was seen actually halfway through the window of Sunny Wright's home on state Route 518, Lisbon, in October 2017. Cunningham fled when Wright's boyfriend, Joshua Vishak, spotted him coming out and yelled at him.
Then Wright found her dog was missing and deputies found the dog was with Cunningham. Deputies charged Cunningham with the burglary and receiving stolen property for having the dog.
The dog-related charge was not the only one for Cunningham, who has several convictions in County Municipal Court, including one for cruelty of animals after he shot a dog in the face with a 20-gauge shotgun, killing it, while he was intoxicated in February 2018. That case occured while this one in Common Pleas Court was already pending.
Prior to sentencing Conn argued that the 12 month prison term Jones was requesting was not going to solve any of the problems Cunningham has, which he said includes substance abuse problems. Additionally, Conn said time at the EOCC would actually give him assistance in finding a job so he can begin to catch up on his child support.
Washam agreed that Conn was right, suggesting it appears Cunningham needs help dealing with his anger and substance abuse problems if he is going to change things in his life for the better. Washam placed Cunningham on three years community control, but ordered him to spend up to six months at the EOCC. He was taken into immediate custody.
djohnson@mojonews.com