TROY — A Piqua man will serve 30 months in prison for his seventh OVI conviction.
Michael McCarty, 42, of Piqua, was sentenced in Miami County Common Pleas Court by Judge Jeannine Pratt on Monday.
A trial jury found McCarty guilty of the third-degree felony OVI in August.
Of the six prior offenses, it was McCarty’s third felony OVI conviction. McCarty was recently sentenced to a year in prison for a felony OVI offense in Montgomery County.
McCarty said, “This year has not been the best year or one to be proud of.”
McCarty said he lost his job, his mother was ill and he hoped to get community control to be released from prison to help take care of his 2-year-old child.
Miami County Assistant Prosecutor Paul Watkins said McCarty was out on bond from a pending OVI charge in Montgomery County when he was arrested on Feb. 4 in Piqua for OVI. Watkins requested the court sentence McCarty to serve a maximum sentence to run consecutive to the year in prison imposed by the Montgomery County courts.
McCarty’s lengthy criminal record included six prior prison sentences in Ohio and California.
Judge Pratt said “it’s just a matter of time” before McCarty’s drinking and driving would “kill someone.”
Pratt noted McCarty continued to drink and drive while out on bond from his pending OVI case in Montgomery County.
“Not only do you have a problem, but you get behind the wheel of a vehicle,” Pratt said. “It’s my duty to protect the public.”
Two months of the 30-month sentence is mandatory and will run concurrent with the Montgomery County sentence. Judge Pratt ordered McCarty to pay a $2,500 fine, imposed a lifetime suspension on his driver’s license and ordered him to complete an alcohol and drug treatment assessment. Upon his release, McCarty may be placed on up to three years of post-release control under the parole board’s discretion. McCarty was informed he may be eligible for prison credit if he participated in prison programs. He was granted 126 days of jail credit.
According to reports, McCarty was arrested following a complaint from a Piqua Rally’s employees. Employees said McCarty was causing a disturbance around 1:30 a.m. Feb. 4. Witnesses said McCarty struck a curb and almost hit the building as he pulled up to the window. Officers arrested McCarty in the parking lot of the restaurant.
• Another Piqua man will spend 11 months in prison for a fifth-degree felony breaking and entering charge.
Jeffery Mowery, 53, was sentenced by Judge Pratt on Monday.
Mowery said he’s struggled with drug addiction since he was 10 years old.
“I don’t like being like this. I get off to a good start and life gets to me,” Mowery said. “I’m tired. I do need help.”
Mowery said he self-medicates with drugs.
“I’m getting to old. My body is falling apart … I’ve been doing this since I was 10 years old — I’m tired. I’ve got nothing to lose,” Mowery said with a tear-full plea for drug treatment services.
Pratt reviewed Mowery’s criminal history, which included a “plethora” of 12 prior prison sentences for theft and drug offenses.
Pratt said Miami County offers a wide-range of services from drug treatment, housing and food resources that Mowery could have taken advantage of over the years.
“Your recourse has always been to go right back to stealing and using and I can’t help that,” Pratt said. “Your criminal history tells me everything.”
Pratt said she’d review Mowery’s case for judicial release if he enrolled in prison programs.
Mowery thanked Pratt for the prison sentence.
“If nothing else, you are saving me today — at least for 11 months,” he said.
Mowery was credited with 10 days of jail time served.
Reach Melanie Yingst at firstname.lastname@example.org
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