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Updated: Andrew Z sentenced for crimes PDF Print E-mail
Written by Sentinel-Tribune Staff   
Thursday, 20 December 2012 12:35
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Andrew Zepeda (left) in court with his attorney Thursday morning. (Photo: J.D. Pooley/Sentinel-Tribune)
(Updated at 3:45pm, 12-20-12)
The normally vibrant radio personality Andrew “Z” Zepeda, was humble and contrite as he faced Judge Alan Mayberry for sentencing this morning.
The judge placed him on five years of community control sanctions for the three crimes for which he was convicted ­— theft, failure to remit sales tax and complicity to breaking and entering. The judge also ordered him to serve 30 days in the Wood County jail.
Before sentencing, the 43-year-old Perrysburg resident said he and his wife are very pleased to be part of the community.
Calling the people very giving and welcoming, he said, “We want to stay here.”
The defendant then addressed the crimes.
“I made some very bad choices. It was no one’s fault but my own,” he said.
Admitting his mistakes he directed comments directly to the judge, “You gave me a gift and it was like kicking dirt in your face. You have given me an opportunity and I screwed it up.”
He concluded telling Mayberry, “I realize that I’m 100 percent culpable.”
Both his attorney, Beau Harvey and the assistant Wood County prosecutor Gwen Howe-Gebers, recommended community control sanctions. His crimes are fourth- and fifth-degree, which normally do not result in prison sentences.
Zepeda originally requested and received what is termed an intervention in lieu of conviction. Had he successfully completed the program, the charges would have been dismissed and he would not have had a felony record. However, he was brought back before the judge twice for violations of his intervention program.
Those conditions included not only his not consuming alcohol, but also that he not be any place where alcohol is served.
The latest violation was when he appeared at a fund-raising event where there was alcohol.
Zepeda said of the violation he was always supportive of charitable causes and in this case “stepped too close to the line.”
In handing down the sentence Mayberry said, “You said you were close to the line, but I might say you were sticking your toe over the line to see what would happen.”
The judge reminded him this was not his first violation as well as the original warning about not being in a position around alcohol. He also reminded the defendant of his more stern warning when he was before the judge after the first violation.
The breaking and entering charge was in relation to his failed restaurant in Levis Commons after the landlord locked the doors on Zepeda and the business.
“You don’t like not being in control, and you push back,” the judge said.
“We are now at the next step Mr. Zepeda. If the rules imposed are violated, there will be a further narrowing of options of the court,” Mayberry said.
He later clarified those options reserving 18 months in prison for the theft charge, 18 months for the failure to remit sales tax to the State of Ohio, and 12 months in prison for the complicity to breaking and entering.
In addition to the conditions of being forbidden to use or be around alcohol, the sanctions imposed for the five years were to continue to maintain gainful employment and to continue to pay $400 a month toward the restitution owed to the state for income taxes not paid while he was operating the pizzeria. The total restitution was $40,000, but he has recently paid half of that amount.
The judge ordered the 30-day jail sentence and that he also complete the Moral Reconation Therapy program, and pay all court costs.
At the request of Zepeda’s defense attorney, the judge allowed the convicted felon until Jan. 21 to report to serve those days. Mayberry also ruled he would be eligible to enter in the work release program so that he may continue his employment on his morning show.
Harvey told the court prior to sentencing that his client’s employer was supportive and willing to work with him if at all possible.

Last Updated on Thursday, 20 December 2012 16:47
 

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