Coss scolds woman over probation issue, pot test in Highland County common pleas


Sends her to jail until next hearing date

By David Wright - [email protected]



Jennifer Kincaid, right, sits in court Thursday alongside defense attorney Richard Furnish. Kincaid was sent to jail Thursday after testing positive for marijuana during a court recess. A probation officer said Kincaid had not reported to the probation department since December of 2009.


HILLSBORO — A Port William woman was sent to jail Thursday by Highland County Common Pleas Judge Rocky Coss after testing positive for marijuana during a court hearing, and after arguing about whether she had been told to report to probation after being granted judicial release from prison in 2009.

A probation officer said that Jennifer Kincaid, 40, had not reported to the probation department since December of that year. Coss noted during Thursday’s hearing that Kincaid pled guilty to attempted tampering and receiving stolen property in 2008, and was sentenced to one year in prison in October of that year before being granted judicial release in February of 2009. Court records show a warrant was issued on Kincaid in January 2010.

Kincaid, represented by defense attorney Richard Furnish, was in court Thursday for an evidentiary hearing on the matter, saying she had not been properly notified that she was required to report to probation, and that there was “a lot more to the case,” adding that she had several witnesses who could testify.

When Coss asked if she had the witnesses’ information with her, she said she did not. Coss ordered her to provide the information to Furnish before noon on April 21, and continued the hearing until May 4.

At one point, Coss asked Kincaid if she would test positive for any illegal drugs, and Kincaid said she wouldn’t. The judge ordered her to be drug tested during a recess. The result showed she tested positive for marijuana.

Later in the hearing, when Coss said he had reviewed records showing she had clearly been told to report during a previous hearing, she said she hadn’t heard it at the time.

“I don’t like being lied to,” the judge said. “I am not known for speaking softly and carrying a big stick. I’m known for speaking loudly and carrying a big stick. You’re remanded to custody until your next hearing.”

Also Thursday, Alex Cox, 35, was sentenced to 12 months in prison after pleading guilty to illegal assembly of chemicals for the manufacture of methamphetamine, in addition to a 30-month sentence he is already serving on separate drug charges.

Defense attorney Susan Zurface, who represents Cox, had filed a motion to suppress certain information in the case regarding a Greenfield traffic stop where police found Sudafed and lithium batteries, as well as other drug paraphernalia, in a car in which Cox was a passenger. Coss denied the motion, and after a recess, Cox plead guilty to the charge.

Jon Captain, 36, was sentenced to 15 months in prison after violating his community control sanctions. Court records show Captain was sentenced to three years of community control and ordered to complete drug treatment in April of 2015 for trafficking heroin in the vicinity of a school.

Court records show Captain violated the conditions of his community control multiple times, failing to report to his supervising officer, not entering or successfully completing drug treatment and consuming methamphetamines and heroin.

Court records show Captain’s most recent violation report was filed April 5.

Reach David Wright at 937-402-2570, or on Twitter @DavidWrighter.

Jennifer Kincaid, right, sits in court Thursday alongside defense attorney Richard Furnish. Kincaid was sent to jail Thursday after testing positive for marijuana during a court recess. A probation officer said Kincaid had not reported to the probation department since December of 2009.
http://wnewsj.com/wp-content/uploads/2017/04/web1_kincaid.jpgJennifer Kincaid, right, sits in court Thursday alongside defense attorney Richard Furnish. Kincaid was sent to jail Thursday after testing positive for marijuana during a court recess. A probation officer said Kincaid had not reported to the probation department since December of 2009.
Sends her to jail until next hearing date

By David Wright

[email protected]

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