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WARREN -- A Trumbull County man, who has been arrested 69 times and imprisoned four times, is headed back to prison for another stretch behind bars for only two years following his July 14 sentencing.
The sentence was the maximum allowed by Ohio law because Ohio has eliminated habitual criminal statutes and many repeat-offender escalation of penalties provisions during the long tenure of Trumbull County Prosecutor Dennis Watkins.
Watkins has assigned Trumbull County First Assistant Prosecutor Christopher Becker and Chief of the Criminal Division Mike Burnett to propose legislation that would bring back to Ohio criminal laws that would increase the penalties for repeat offenders who chronically commit felony thefts, burglaries and drug offenses. The legislation would include revising Ohio's habitual criminal statute to include "rainbow criminals" who repeatedly commit a wide range of felonies once they are released from prison, a news release from Watkins states.
Watkins said during the 1970s and for decades before, Ohio Revised Code Sections 2961.11, 2961.12, and 2961.13 provided escalating punishment for many criminals, including a life sentence for having four separate felony sentences. Also back then, certain drug offenders were punished more severely if they kept selling illegal drugs. Through the years, thieves and shoplifters, drug dealers and some breaking-and-entering suspects never see an increase in their criminal penalties, but DUI laws have been changed to increase sentences for repeat offenders.
"This makes no sense," Watkins said.
In the case previously mentioned, Jimmie Shuman broke into change machines at two separate locally owned car washes in Trumbull County. He caused an extensive amount of damage to both machines and stole all the money inside.
"This was not the first time that Mr. Shuman had done such a thing. In fact, he has a total of 69 arrests for various crimes in Ohio and Florida. These convictions are for a variety of felonies and misdemeanors in both jurisdictions. Shuman also has arrests for indecent exposure, assault, domestic violence, theft, escape, violation of a protection order, burglary, receiving stolen property, tampering with coin operated machines and possession of criminal tools," Watkins wrote.
Shuman has been sentenced to prison four times prior to his latest arrests. Shuman has a proclivity to damage the property of small businesses as he steals from them. In his newest cases, he committed two separate offenses of tampering with coin operated machines in two jurisdictions within Trumbull County.
Shuman was sentenced to two additional 12-month prison sentences for these offenses, consecutive to each other, for a total of 24 months, which is the maximum sentence available under Ohio Law.
"In short, given Shuman's tendency to commit theft and property crimes against innocent victims and small businesses, two years simply is not enough," Watkins wrote.
"A healthy, thriving community relies on a shared expectation of accountability and respect for the rule of law. When individuals with multiple convictions for theft and damage to local businesses and individuals are permitted to repeatedly target our neighborhoods, it erodes public trust and inflicts severe economic damage on both individuals and the local economy. For independent, locally owned small businesses, repeated theft and property damage are not minor inconveniences; they represent stolen income that can force layoffs, increase consumer prices, and cause permanent closures. Moreover, the impact on everyday citizens is deeply personal, stripping them of hard-earned property and forcing them to bear the costs of security upgrades and rising insurance rates. Society cannot treat chronic property crime and theft as inevitable nuisances. Confronting repeat offenders with decisive consequences is essential to protect the financial well-being of our neighbors and preserve the vitality of our communities.
"When rehabilitative interventions, diversion programs, and leniency fail to change a chronic offender's behavior, imprisonment becomes the only viable solution to uphold public safety. Habitual theft offenders have repeatedly been offered help, drug treatment, or community-based programming, yet their continued actions demonstrate a clear refusal to respond favorably to those resources. At this stage, incarceration serves a vital dual purpose: it acts as a firm, necessary deterrent for the individual, while providing a concrete remedy for the community by physically isolating them from society. By placing chronic offenders in a secured facility, we effectively strip them of the opportunity to commit further harm, creating a definitive shield for innocent citizens and small business owners who deserve to live and work without being continuously victimized. When rehabilitation fails, the justice system must prioritize the protection of the public over the unchecked freedom of a repeat offender."
Watkins said a major problem over the past 15 years has been the effects of House Bill 86 passed in 2011. That legislation was referred to as the "Smart on Crime" bill, but came to be known among criminals as the "Get Out of Prison Sooner" bill, according to Watkins.
In an attempt to reduce the prison population, the Ohio Legislature and former Gov. John Kasich made Ohio a more dangerous state than prior to House Bill 86's enactment. Watkins said two examples clearly show the absurdity of this legislation.
Prior to House Bill 86, the crime of having weapons while under disability -- the offense charged when a convicted felon is found to be in possession of a firearm -- was a one-, two-, three-, four- or five-year sentence. House Bill 86 reduced the penalties for convicted felons toting firearms in the state of Ohio a range of 9 to 36 months, a reduction of three years at the high end.
Secondly, House Bill 86 reduced the penalties for escape. Prior to House Bill 86, a convicted felon who was released from prison and placed on post-release control (parole) and had to regularly report to their parole officer. Failure to do so was a felony and the penalty was one degree less than the most serious charge for which the person was released onto post-release control. With the enactment of House Bill 86, the penalty became a "laughable 6 to 18 months," Watkins wrote.
"These are just two examples of the enormous sentencing breaks the state of Ohio gave convicted, violent gun-toting criminals. These sentencing breaks were not given to first-time offenders, but to convicted felons and convicts who had served prison time. Ohio does not get justice by permitting 'revolving door criminals' the opportunity to victimize society time and time again," Watkins said.
He said his office is sending the letter to Lou Tobin, executive director of the Ohio Prosecuting Attorneys Association, in hopes of working with the OPAA to encourage the state Legislature to pass new laws increasing the penalties for habitual felony offenders like Shuman and others in Ohio.