Keener found competent for trial; Fink cautioned by judge after failed drug test

Two defendants appeared recently in Harrison County Common Pleas Court before Judge Shawn Hervey in separate cases involving felony charges.

Theresa Keener appeared for a hearing related to her charges of burglary, a second-degree felony; trespass in habitation, a fourth-degree felony; and illegal conveyance of drugs, a third-degree felony.

Keener was originally indicted at the end of 2024 but, according to court records, was uncooperative and later found not competent to stand trial. After several months and participation in mental health programs, her competency has now been restored.

Hervey commended Keener’s progress, telling her, “You look great, Ms. Keener.”

The hearing largely addressed procedural matters, outlined by Public Defender Adrian Pincola. “We want to make sure the court has the change of address and the proper phone number,” he said. “We need another financial affidavit filed before she leaves, and we’re going to submit an ORAS.”

Keener is scheduled to return to court in early December, when all required paperwork will be in place to potentially resolve her case.

Hervey encouraged her to continue her positive momentum. “Looks like you’re doing what you need to do, Ms. Keener. I appreciate that and I hope you’re doing well,” he said.

In another case, Sherrodsville resident Andrew Fink appeared on a fifth-degree felony charge of breaking and entering from July. Because of the nature of the offense, Fink could be eligible for the court’s intervention in lieu of conviction program, which allows defendants to undergo counseling and therapy under court supervision. Successful completion of the program, typically after one year, results in the dismissal of the felony charge.

However, participants must demonstrate compliance with bond and probation conditions before entering the program. “Defendant did complete the assessment with Wellmore for intervention in lieu of conviction,” Hervey said. “Generally speaking, we’d be ready to proceed, but I was informed that Mr. Fink, on a drug screen, tested positive for marijuana.”

Hervey addressed Fink directly. “I’m going to be blunt. Your bond says no drugs or alcohol. Marijuana and alcohol are legal substances now, but they’re not legal for people on pretrial supervision unless you have a doctor’s note. You don’t,” he said. “I’m not going to put you in jail today, but I’m also not going to move forward with the intervention in lieu of conviction until you come back and test clean. If you’re positive again, I’m going to find you not amenable to intervention because you’re not serious about getting clean and sober.”

The judge urged Fink to consider his circumstances carefully and make a “rational decision” before his next appearance.