Judge imposes new rules for offenders
The judge who granted early release from jail to the gunman who killed three people in Kirkersville last week has changed rules to address how offenders on probation for domestic violence are supervised.
Licking County Municipal Court Judge Michael F. Higgins released a report on Thursday as part of his review of how probation officers supervised Thomas Hartless after his release. The investigation, conducted by Kevin Saad, director of the Licking County Municipal Court Adult Probation
Department, identified several “areas of concern” in the post-release supervision of Hartless.
Higgins sentenced Hartless on March 23 to 90 days in jail and two years of probation for assaulting exgirlfriend Marlina Medrano. On April 12, Higgins signed an entry that released Hartless from jail and placed him on probation for one year.
Hartless, 43, went to the Pine Kirk Care Center in Kirkersville on May 12 and fatally shot Medrano, 46, as well as her co-worker Cindy Krantz, 48, and Kirkersville Police Chief Steven Eric DiSario, 38, who had responded to the scene. Hartless then shot and killed himself.
Among the report’s key findings:
No checks and balances governed the early-release process.
The senior probation officer didn’t approve the probation officer’s recommendation to release Hartless, and no formal hearing was held before the judge signed the order releasing him.
The probation officer didn’t read all three incident reports about domestic violence by Hartless or any of the court files, and neither the judge nor the probation officer ordered a no-contact order with the victim.
The probation officer had the authority to impose additional probation terms besides a no-weapons term but didn’t.
Medrano’s input was not sought closer to the time of the early-release interview with Hartless.
After Hartless had assaulted Medrano again after his release, as she told a probation officer by phone, no attempt was made to make a home contact with Hartless.
In immediate response to those failures, a new threetiered system of checks and balances was implemented effective Thursday. Included: a probation officer case review including a thorough jail interview with the offender. A senior probation officer or probation department director must then review the case and interview packet. Then the presiding judge will review the entire case and interview packet during a formal early-release hearing.
Longer-term responses also are being developed. Included: A lethal-risk assessment on all victims in domestic violence cases would be administered if offenders are eligible for early release, and the court or probation department would issue a no-violentcontact or no-contact order with the victim in all domestic violence cases.
In addition, all offenders placed on probation for domestic violence will be ordered to complete a treatment program and not possess weapons. Within seven days of the first probation appointment, the probation officer will visit the offender’s home to search for weapons.
All domestic violence probationers will be required to wear a GPS monitoring device. The probation department will send letters to victims listing community agencies that could help them and will be required to make home contacts with probationers if there’s a complaint of violence.
Higgins did not take questions Thursday, but a court employee said the judge plans to make himself available soon to answer reporters’ questions. The report didn’t say whether anyone faces discipline regarding how the Hartless release and probation supervision were handled.