Carroll County man waives counsel at arraignment on OVI and firearms charges

Akeem Howard appeared in court Nov. 18 on two misdemeanor OVI charges, a felony improper handling of firearms charge and a misdemeanor using a weapon while intoxicated charge.

Judge Shawn Hervey presided over the hearing. “Defendant was here Sept. 23 for arraignment. The court found it was inappropriate to continue with arraignment at that time. So we’re here for two purposes. One is to finish your arraignment. Two is to discuss bond,” he said.

A motion to revoke bond is also pending. The state of Ohio alleges Howard failed to report to the probation office after his release from incarceration. A warrant was issued Nov. 12, and the court set bond at $20,000.

“Mr. Howard, when we were at arraignment last time, I read the indictment to you,” Hervey said. “Then I asked you if you wanted to be represented by an attorney. Your answer was that you did not want to be represented. I informed you that in order to proceed with the case, I will need you to sign a waiver of counsel. The court has not received a waiver. I’m going to ask you today, and go over it with you, and probably every time I see you until this case is over, your right to an attorney. If you cannot afford an attorney, I will appoint one at no cost to you. If you proceed without an attorney, you are expected to follow the rules of the court and be held to the same standard as if you had an attorney. Do you understand that?”

Howard said he understood. Hervey emphasized that the right to counsel is protected by the Ohio Constitution.

“Do you want an attorney?” Hervey asked.

“No,” Howard responded.

Hervey provided Howard with the waiver form and appointed Public Defender Adrian Pincola as standby counsel. Pincola asked whether Howard understood everything that had been explained, and Howard said yes.

“You’ve been very clear on it,” Hervey said. “I just have to be thorough. What I will tell you is that at any time you change your mind, and you want an attorney, you can ask for one. And I’m going to ask you every time I see you if you want an attorney.”

The court reviewed the pleas available to Howard, ordered an Ohio Risk Assessment and scheduled further proceedings. The court noted it expects the state to have an offer prepared for the next hearing.