Tippecanoe man sentenced in felony theft cases

Tippecanoe resident Joshua Smith appeared in court Dec. 16 for a final pretrial and sentencing in two criminal cases.

In the first case, Smith was originally charged in 2021 with two second-degree felonies and one fourth-degree felony. He was sentenced to four years in prison but was granted judicial release after serving two years and placed on community-based control for two additional years. Earlier this year, the prosecutor filed a motion to revoke Smith’s community-based control.

In a second case, Smith was charged with grand theft and grand theft of a motor vehicle, both fourth-degree felonies. Under Ohio law, grand theft involves property or services valued between $7,500 and $150,000, while grand theft of a motor vehicle refers to stealing a vehicle with the intent to permanently deprive the owner.

Smith was transported to the hearing from the Harrison County Jail. Judge Shawn Hervey presided.

“It’s the court’s understanding that the parties have come to a negotiated agreement in regard to all pending matters before the court,” Hervey said.

The court noted Smith had 385 days remaining as a possible sanction for the community-based control violation and had credit for 58 days already served in the grand theft case.

“It’s the state’s understanding the defendant would be pleading to the new charge and admitting to the violation,” said Prosecutor Lauren Knight. “The sanction would be 15 months to resolve both cases. Restitution numbers have been provided to counsel for the 2025 case, and it is $8,666.80.”

Defense attorney Steven Stickles confirmed that understanding and requested Smith be released on house arrest for the week before Christmas, citing his father’s serious illness and Smith’s desire to spend one final Christmas with him.

Judge Hervey granted the request in the grand theft case.

“The court finds the defendant is appropriate for a prison sentence based on his prior criminal record, his Ohio risk assessment and the facts of this case,” Hervey said. “The court is going to sentence the defendant to 15 months on each of the current felonies and run those concurrently.”

Hervey ordered Smith released from custody once electronic monitoring is established through Dec. 27 at 9 a.m., at which time he must report to the Harrison County Sheriff’s Office.

Smith was also sentenced to 385 days for the community-based control violation, to be served concurrently with the other sentences. He was ordered to pay full restitution and court costs.