By Meladi Brewer

DailyAdvocate.com

GREENVILLE — A Versailles male was sentenced on the original charge of aggravated possession of drugs. Judge Travis L. Fliehman presided.

Kyron J. Witt, 24, of Versailles, was sentenced after his In Lieu of Conviction on the original charge of possession of drugs, a felony of the fifth degree was deemed unsuccessful due to a probation violation and driving under the influence of alcohol/drug allegations. Witt originally pleaded guilty in 2022. He had no prior felonies, nor prior records, only had a DUI and was granted ILC with the notion he would not violate the terms of the agreement. His defense attorney David Rohrer advised the court that this case fits the mold for a community control sanction sentence.

“I believe this is a community control sanctions case after termination of the ILC,” Rohrer said. “I would like to remind the court that this case was in 2022 for aggravated possession of drugs where he was found with half a tablet of oxycodone in his wallet.”

Rohrer said that he is not saying that Witt would not do well in treatment, but he was on an ILC since 2022 and has been in jail for the past 33 days, he has a brand new baby at home, and Witt would like to take care of the child. State Prosecutor Kelly Ormsby advised the court that he had talked to probation and recommended a stronger community control.

“I have talked to probation, and I believe they feel he needs treatment; however, outpatient is not the way to go,” Ormsby said. “We believe inpatient treatment is necessary, so he cannot just walk away.”

Witt told Judge Fliehman he messed up.

“I messed up, and I changed whenever I realized my girlfriend was pregnant,” Witt said. “I’m just trying to take care of them and do good now.”

Judge Fliehman appreciated Rohrer bringing up the facts being Witt was originally found with half a tablet in his possession, but said that he has failed to stay sober for it to not be a risk.

“The court is also aware of the allegations of non-compliance of intervention supervision which includes a number of positive drugs screens which shows ongoing issues that need to be addressed,” Judge Fliehman said.

He said it did not make sense for him to terminate the ILC, take the guilty plea, and order a community control to be doing the “exact same things Witt didn’t comply with.”

“It does not make a lot of sense,” Judge Fliehman said. “This is a less serious offense. That being the case, I don’t think we are at a level where imprisonment is necessary, but I do think more structure needs to be added to your community control.”

Judge Fliehman said the ILC apparently wasn’t enough structure, so he ordered him to 100 hours of community service, and a community control sanction that does not exceed 60 months. He ordered 90 days in jail with 33 days credit and 57 days suspended.

“I will advise you Mr. Witt, with this being a felony of the fifth degree, if there is a non-compliance with community control, you are not giving the court much choice but to consider long term incarceration in prison.”

Judge Fliehman said if there is ever a final wake up call, this is it.

“It sounds like you have a little one at home you want to take care of. Sometimes you have to take two steps back to take three steps forward. Treatment may be your two steps back where you don’t get to spend a lot of time at home, but the goal is to make you a better person in order to take three steps forward,” Fliehman said.

Following his court appearance, Witt was released from the jail and ordered to report to probation immediately.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected]