Sentence upheld in stolen credit cards case

Larry Limpf

News Editor

A prison sentence and order to pay restitution imposed by the Wood County Common Pleas Court on a man involved in the use of stolen credit cards in Lake and Perrysburg townships and the City of Perrysburg has been upheld by the Ohio Sixth District Court of Appeals.
Don W. Eames, Jr., had appealed the sentence imposed by the common pleas court in separate cases on a total of 33 charges, including one count of grand theft, a third degree felony; seven counts of petty theft, each a first degree misdemeanor; seven counts of identity fraud, each a fifth degree felony, and 10 theft counts, a fifth degree felony, in case one.
Case two charges included two counts of petty theft, each a first degree misdemeanor; three counts of identity fraud, each a fifth degree felony, and three counts of theft, each a fifth degree felony.
Eames and the prosecution reached an agreement in which he would pay restitution, plead guilty to 32 of the counts and prosecutors would dismiss the grand theft charge and not oppose Eames’ request for intervention in lieu of conviction.
The intervention in lieu of conviction program allows for charges being dismissed under certain circumstances. Court-supervised treatment may be available to a defendant in a criminal case if a court has reason to believe a factor leading to the criminal offense was drug/alcohol use, mental illness, or intellectual disability.
In August, 2022, Eames pled guilty in both cases and agreed to pay 16 of the 23 victims a total of $8,309 in restitution along with a co-defendant: $5,247 to 12 victims in case one and $3,062 to four victims in case two.
In April 2023, after two violations by Eames of the intervention agreement, the common pleas court terminated the agreement and found him guilty of the 32 charges, setting a 10-month prison term.
In his appeal, Eames argued there was a discrepancy in the amount of restitution ordered at the sentencing hearing and the amount imposed in the case one sentencing entry.
But the appeals court rejected his argument: “Eames has not shown that he was prejudiced by the discrepancy… the record shows that Eames was aware of the restitution amount and agreed to pay it,” the appeals court wrote.
The court also rejected his argument the common pleas court erred by failing to consider his ability to pay restitution.
According to records in Perrysburg Municipal Court, Eames and another individual were viewed by security cameras at various retail establishments using stolen credit cards. Many of the cards had been reported stolen by area residents from their vehicles in 2021. Several of the vehicles were unlocked, according to police reports.


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