TO: Local News Media
FROM: Van Wert County Common Pleas Court
DATE: Thursday, June 26, 2008
Re: Criminal Hearings
A thirty year old Cridersville, Ohio man was sentenced by Van Wert County Common Pleas Court Judge Charles D. Steele to five years in prison on a charge of Having Weapons While Under Disability a felony of the third degree.
Blaine E. Lee had originally been indicted in August of 2007 on one count of Aggravated Robber and one count of Having Weapons While Under Disability for the armed hold up of a Van Wert man on August 18th, 2007 who was withdrawing money from an ATM machine at the US Bank.
The victim of the robbery was able to call 911 that night via his cell phone and also was able to follow Lee who was on foot until the Van Wert Police Department and Van Wert Sheriff’s Department arrived and took him in custody near the Bob Evan’s Restaurant on West Ervin Road a short distance from the bank.
Van Wert City Police Officer located the handgun a short distance from the actual point where they took Lee into custody and after submitting it for evaluation the DNA evidence came back that it had been in Lee’s hand at some point as they found DNA on the weapon matching that of Blaine Lee.
Both cases came on for a jury trial in May of this year at which time he was found guilty of the Having Weapons While Under Disability. The charge of Aggravated Robbery was dismissed by the Court on the second day of trial when it was discovered that a recent Ohio Supreme Court ruling made the statutory language of the indictment invalid according to the Supreme Courts Ruling. The trial proceeded on with a finding of guilty by the jury.
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Lee had previously been convicted of a felony drug charge in Allen County Ohio which made it illegal for him to possess a firearm.
The Van Wert County Prosecutor’s Office and the Ohio Public Defender’s Office are considering an appeal.
Judge Steele gave Lee credit for 314 days jail time he served awaiting final disposition of the case.