Trial set for Cadiz woman accused of burglary, trespass
Tonya Wagner faces two felony counts after allegedly breaking into a Freeport home and taking a dog; case continues Nov. 18.
Cadiz resident Tonya Wagner’s case has been set for further proceedings Nov. 18.
File
Cadiz resident Tonya Wagner’s case has been set for further proceedings Nov. 18.
Wagner is accused of two counts of burglary — one a third-degree felony and the other a second-degree felony. She also faces a charge of trespass in habitation.
The difference between a burglary and trespass charge is intent. For burglary, it must be proven that Wagner entered the premises with the intent to commit a crime inside.
Wagner was arrested July 18 after a Freeport resident reported that someone had broken into her home and stolen her dog while she was away. According to the sheriff’s report, there was visible damage to the back door, where it appeared to have been pried open. A neighbor provided video footage of a male and female approaching the home earlier that evening.
The caller told deputies she had an idea who the individuals were. Between the possible names and a phone number, deputies located the suspects at their home.
Wagner initially denied the accusation but later admitted she had taken the dog because she believed it had been abandoned. She said the male involved had remained by their vehicle and had not entered the home. Deputies explained to her that the dog’s owners had been moving out of the house but were returning for the dog. The dog had food and water available.
The animal was found unharmed in Wagner’s backyard. Wagner was arrested and taken to the Monroe County Jail for booking. She later appeared for arraignment Aug. 12 and was released on her own recognizance.
According to court records, the case has progressed slowly through multiple hearings since Wagner’s arrest. Her most recent court date was a conversation in chambers Oct. 7. Before that, she was ordered to complete an Ohio Risk Assessment during her only hearing in September.
Prosecutor Lauren Knight said she is waiting on the test results before making an offer of resolution.