Harrison County court hears assault, sex-crime cases

Tuesday’s March 31 session in Harrison County Common Pleas Court featured the usual felony and drug cases, with at least one matter resolved by a guilty plea. But one case stood out when Preston G. Smalley, 59, of Bowerston chose to go to trial after Judge T. Shawn Hervey outlined the circumstances.

Smalley, represented by Harrison County Public Defender C. Adrian Pincola, faces a fourth-degree felony assault charge and a first-degree misdemeanor charge of resisting arrest. Hervey raised the possibility of Smalley undergoing an evaluation at the Eastern Ohio Correction Center, which the judge said was similar to his ORAS assessment.

When Hervey told him statements made during the evaluation could not be used against him at trial and asked whether he wanted to proceed, Smalley maintained his innocence.

"Well, I’m not guilty so I’ll take it to the boss, whatever I’ve got to do. I’m fighting this," he told the court.

Smalley said he would take the evaluation, and Hervey acknowledged his intent to go to trial while repeating that the evaluation would remain confidential. Hervey then ordered the evaluation while recognizing Smalley’s not-guilty plea.

But Smalley continued speaking.

"I’m innocent," he began. "I’m the one who was assaulted ..."

He continued with additional comments, some of which were unintelligible, and said his civil rights were violated "in every way." Hervey allowed him to finish before recessing the hearing.

In the case of Floyd E. Burge of Scio, his probation was revoked after he was given CBC sanctions in 2024 on six drug charges that were individually merged. In July 2025, he was charged with six sex-related offenses, including two counts of trafficking in persons and two counts of rape, all first-degree felonies. He also faces three gross sexual imposition charges, third-degree felonies.

Burge had been scheduled to appear Tuesday, but after a conference in chambers with Pincola, a pretrial conference was rescheduled for April 14.

Another defendant facing alleged sex-related charges, Coda L. Boyd of Cadiz, also had been scheduled to appear, but that hearing was rescheduled for May 12. Boyd is charged with rape, a first-degree felony, sexual battery, a third-degree felony, and gross sexual imposition, a fourth-degree felony.