Coss recused himself from case regarding local business
Highland County Common Pleas Court Judge Rocky Coss has recused himself from a case regarding an alleged breaking and entering at a Hillsboro business.
Ryan Walker, of Hillsboro, was indicted in December on charges of breaking and entering, theft and possessing criminal tools, all felonies of the fifth degree. He was scheduled to appear Thursday for a plea hearing, but a motion for a continuance was granted last week.
During a court appearance in December, Coss told Walker and attorneys that while he personally did not feel in his own mind that there would be an issue of bias, he said that he felt compelled to recuse himself and would look into finding another judge to hear the case. Defense attorney William Armintrout and Highland County Prosecutor Anneka Collins conferred off the record, outside Coss' presence and then asked the judge that he remit his recusal. Coss asked Walker if he was OK with him hearing the case, and Walker indicated that he did not have a problem. Collins and Armintrout said for the record that Coss did not ask them to request that he stay on the case.
Coss told the court in December that he knows the victim in the case and has utilized his optometry services.
[[In-content Ad]]According to the indictment, "On or about July 12, 2011 in Highland County, Walker did by force, stealth or deception trespass in a business, an unoccupied structure, with purpose to commit therein, a theft offense as defined in O.R.C. 2913.01 or a felony, in violation of 2911.13(A) O.R.C. and against the peace and dignity of the state of Ohio. Walker did with purpose to deprive Dr. Ralph Williams and Dr. Leah McConnaughey, the owners, of their property, to wit: several pairs of Nike sunglasses, several pairs of Rec-Specs athletic frames, $479 in cash, computer data back-up tapes, did knowingly obtain or exert control over said property without the consent of Dr. Ralph Williams and Dr. Leah McConnaughey, the owners or persons authorized to give consent, said property being valued at greater than $500 but less than $5,000, in violation of 2913.02(A)(1)O.R.C. and against the peace and dignity of the state of Ohio. Walker did possess or have under his control a device with the purpose of using it criminally in the commission of a felony, to wit: ladder, police scanner/radio, in violation of 2923.24(A)O.R.C."
On Jan. 20, Coss filed a entry that stated he was recusing himself and that "pursuant to the general assignment from the Supreme Court, Judge Dale Crawford is assigned to preside over the matter."
When asked Thursday to specify why he recused himself, Coss told the Highland County Press that he could not comment because the case was still pending.
Armintrout filed a motion for continuance for the plea hearing, which was scheduled to be held Thursday. In support of the motion, Armintrout said that the defendant had to appear in a Brown County court on a domestic relations matter on that same day. Coss granted the continuance, and a plea hearing is now scheduled for March 21 at 10 a.m.