Inmate seeks mental health help while in jail

Justin Stapp was arraigned Dec. 16 on four counts of felonious assault, all first-degree felonies. He also was charged with three counts of having weapons under disability, all third-degree felonies.

Judge Shawn Hervey presided over the hearing.

“We’re here for arraignment and bond,” Hervey said. “The court will note for the record that Dec. 9, court set bond in this matter at $100,000 and defendant is incarcerated on bond.”

Hervey reviewed the possible penalties Stapp faces. First-degree felonies are punishable by three to 11 years at the Ohio Department of Rehabilitation and Correction as a definite term, plus an indefinite term of half the definite term. For example, if Stapp were sentenced to four years, he could serve up to six years. He also could face a fine of up to $25,000.

The felonious assault charges include firearm specifications, Hervey said, which would carry a mandatory three-year sentence if Stapp is convicted.

The third-degree felonies are punishable by nine to 36 months at ODRC and a fine of up to $10,000.

Hervey said Stapp faces a maximum sentence of 50 to 55 1/2 years at ODRC.

Stapp questioned the potential sentence, saying he did not understand how the charges could add up to that many years. Hervey said that represents a worst-case scenario if the first-degree felony sentences were imposed consecutively along with the third-degree felony sentences. He also noted the mandatory three-year firearm specifications would increase the sentence.

Hervey reviewed Stapp’s constitutional rights. Stapp asked if he could speak and said he did not feel he was in his right mind the night of the alleged assault. Hervey advised him to be cautious, noting anything he said could be used against him later.

“If you have concerns about not being in the right state of mind or about mental health, that’s something to bring up with your attorney,” Hervey said.

Prosecuting Attorney Lauren Knight said the state understood Stapp was “pink slipped” shortly after being brought to the jail and that officials had not been able to obtain a bed in Cambridge for him.

“It sounds like the jail is on your mental health concerns,” Hervey said. “I don’t want you to make any more statements about it, but I hear what you’re saying. We’ll take a look at that when it comes up.”

Bond remained set at $100,000 after the court learned Stapp has a parole holder. Hervey said even if Stapp posted bond, he would not be released.