MEDINA — An Elyria attorney is arguing his client shouldn’t be sentenced on a felony count for eluding police because he’s already serving time in jail for the same incident.
Attorney Stephen P. Hanudel’s client, David R. Jimison Jr., was set for sentencing Dec. 12 after pleading no contest in November to failing to comply with the order or signal of a police officer, a third-degree felony punishable by up to three years in prison.
But Hanudel argued double jeopardy at the hearing because Jimison, of Williston, N.D., already was sentenced in Wadsworth Municipal Court to six months in jail for failing to stop after an accident, a first-degree misdemeanor.
Medina County Common Pleas Judge James L. Kimbler scheduled a March 6 hearing on the matter.
Jimison was arrested Aug. 28 after a police chase through Wadsworth.
According to court documents, police grew suspicious of Jimison because he stopped in a gas station parking lot for a while to talk on a phone and because he “was known to use drugs.” Jimison also had a warrant out for his arrest.
Jimison sped off when police asked him to step out of his car — leading to the felony — and his vehicle was stopped by road spikes, his attorney wrote. He got out of his vehicle after spinning out and fled on foot — leading to the misdemeanor.
This isn’t Jimison’s first time in county common pleas court: He has charges of receiving stolen checks and credit card theft pending.
According to court documents, Jimison was staying at a Broad Street apartment at the time of his arrest.
Contact reporter Nick Glunt at (330) 721-4048 or email@example.com.