City man gets prison on sex, drug counts

DAVE MOSIER/independent editor

A Van Wert man who was sentenced to prison on sex and drug charges was one of 12 people to appear in Van Wert County Common Pleas Court over the past week.

Donald J. Smith, 39, appeared in court last Thursday and was sentenced to 54 months in prison on a charge of gross sexual imposition, a felony of the third degree, and 11 months in prison on one count of possession of marijuana, a felony of the fifth degree. The two prison terms are to run concurrently with each other, with Smith also receiving credit for 158 days already served, essentially reducing his sentence by approximately five months, leaving him to serve a little more than four years.

Smith was also classified as a Tier 2 sexual offender and will need to register every 180 days for 25 years.

Two people were arraigned on Thursday as well.

Scott Rau, 43, of Scott, pleaded not guilty to one count each of operating a vehicle while impaired, a fourth-degree felony offense because Rau has had six OVI offenses in the past 20 years, and driving under an OVI suspension, a misdemeanor of the first degree. Rau was released on a personal surety bond, with the specification he not operate any motor vehicle. A pretrial conference was scheduled for 8 a.m. Wednesday, March 28.

D. Osha Lashay Berumen, 23, of Fort Wayne, Indiana, entered not guilty pleas to one count each of trafficking in marijuana and possession of marijuana, each a felony of the third degree. Berumen was ordered held on a $50,000 cash or commercial surety bond and she will appear for a pretrial conference at 8 a.m. Wednesday, April 4.

Also last Thursday, Jeffery Birkmeier, 70, of Lima, entered a guilty plea to a prosecutor’s bill of information charging him with failing to remit state income taxes withheld by an employee, a felony of the fifth degree. Birkmeier was then sentenced to two years of community control, including 50 hours of community service, and must contact the Ohio Department of Taxation for years 2014 and beyond, and pay restitution to the state in the amount of $17,268.15, as well as a monthly probation fee.

Thomas West, 54, of Middle Point, requested, and was granted a modification of his cash bond. Judge Martin D. Burchfield modified West’s bond to electronically monitored house arrest, effective March 12, with an order to have no contact with any victim in the case.

On Monday, Eric Bowers, 31, of Van Wert, changed his plea to guilty to a charge of assault, a misdemeanor of the first degree, reduced from felonious assault, a second-degree felony. Two other charges were dismissed in exchange for his guilty plea. Sentencing has been scheduled for 9 a.m. March 28.

Robert Seibert, 31, of Van Wert, admitted to violating his probation by testing positive for drugs and failing to complete all classes for drug court. He was sentenced to five years of community control from August 2, 2017, and 45 days in jail from February 22.