| Andrew Z seeks intervention |
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| Written by By BILL RYAN Sentinel Staff Writer | ||||
| Friday, 10 December 2010 15:15 | ||||
Rather than enter a plea, Zepeda’s attorney Beau Harvey announced he had filed several motions with the court including one for his client to be accepted for an intervention in lieu of conviction. Pamela Heringhaus, magistrate, sitting on the bench for Judge Alan Mayberry, accepted the motion and overruled the prosecution’s objection. Zepeda will thus be screened by the adult probation department to see if he qualifies for the alternative plea. A defendant who is accepted into such a program must admit their guilt to the charges. If their program is successfully completed without incident, then the charges are dismissed. While no specific was given in this case, most intervention programs are tied to alcohol or drug abuse issues and treatment. Zepeda, 41, of Perrysburg, was indicted Nov. 17 on three charges, theft, failure to collect and remit sales tax returns and complicity to breaking and entering. The first two charges are fourth-degree felonies subject to up to 18 months in prison; while the latter charge is a fifth-degree felony with a maximum of one year in prison. All carry possible fines and post-release control sanctions should he be found guilty. Melissa Schiffel, assistant Wood County prosecuting attorney, was successful in her request for Zepeda to be subject to random drug screenings beginning immediately that day for purpose to establish a baseline figure. The magistrate also approved Schiffel’s request for a no contact order between Zepeda and his co-defendants. Heringhaus set his next court appearance for Jan. 28 at 10 a.m. for an intervention hearing. Harvey objected to the no contact order with Zepeda’s uncle, one of the co-defendants. While Harvey was explaining the close family ties and reasons for his objection, Zepeda chimed in with, “Plus, it’s free babysitting.” Schiffel indicated to the court one of her objections to the intervention was that Zepeda had a prior conviction, which would disqualify him from eligibility. Despite previous cautions about discussing the case with the media, Zepeda and his attorney took time to visit with reporters following the arraignment in the atrium of the courthouse. Harvey briefly explained the intervention process and said he had to research the prior conviction referenced by Schiffel. The attorney said he believed it to be a minor misdemeanor charge from California in 1989. “That was when I was 20. I was a bad kid,” Zepeda said. “We are pleased he will be allowed to be screened for an intervention in lieu,” Harvey said. The charges stem from his operation of the former Andrew Z’s Pizzeria in Levis Commons, Perrysburg, and a subsequent break-in at the establishment after it was closed. Zepeda’s uncle, Paul Zepeda, 53, of Maumee, was arraigned immediately following. He was indicted for a similar offense of complicity to breaking and entering. Appearing with his attorney William Hayes, the elder Zepeda entered a not guilty plea to his charge. His next appearance was set for a pre-trial on Jan. 14 at 11:30 a.m. A third co-defendant, David Wright, 43, also of Maumee, appeared in court Nov. 29 and entered a not guilty plea to one count of breaking and entering. He is scheduled for a further pre-trial on Dec. 17 at 10:30 a.m.
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| Last Updated on Friday, 10 December 2010 17:24 |
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