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Man who spit blood into cop’s mouth sentenced

By MARK LAW Staff writer
POSTED: November 14, 2009

STEUBENVILLE - A man who spit blood into the mouth of a City Police officer was sentenced to six months in prison on Friday by Jefferson County Common Pleas Judge Joseph Bruzzese Jr.

Scott A. Gilmore, 37, of 731 Oxford Blvd. pleaded guilty to assault on a police officer, a fifth-degree felony, and a misdemeanor count of violation of a protection order.

According to police reports, officers were called to a hotel parking lot on University Boulevard on May 12 about a man trying to force a woman into a vehicle. An officer arrived and placed Gilmore in the back of the police cruiser to investigate the incident. The officer then discovered Gilmore had violated a protection order obtained earlier by the female, police reported.

Gilmore then was told he was under arrest and he began to hit his head off the glass partition in the back of the cruiser, causing a laceration to his forehead, police reported.

Officers removed Gilmore from the back of the cruiser to get him to calm down. Blood was running down Gilmore's face and he spit blood into the mouth of an officer, police reported. Gilmore also was shaking his head, causing blood to be spattered about, according to reports. The officers had to pull Gilmore's shirt over his head to stop the blood from being spread onto the officers, police said.

County Assistant Prosecutor Jane Hanlin said Gilmore later tested positive for hepatitis C. She said Gilmore didn't know at the time of the incident he was infected. If he had, Hanlin said Gilmore would have been charged with a more serious charge of assault on a police officer that could have resulted in a prison sentence of up to five years.

Hanlin said the police officer now will have to be tested for a year to determine if the hepatitis C virus was spread.

"What he did was disgusting," Hanlin told the judge.

Also, two co-defendants who were on probation had their probation revoked by Bruzzese.

Jason Rinkes, 23, of 115 Melinda Drive, Wintersville, had pleaded guilty to theft of drugs. He was sentenced to six months in the Eastern Ohio Correction Center and then was placed on probation for three years.

The county prosecutor's office filed for a probation revocation after Rinkes tested positive for cocaine. A search of his home revealed two empty prescription bottles for Percocet issued to Rinkes, both of which were filled only several days earlier.

Bruzzese sentenced Rinkes to one year in prison.

Alysia M. Stabile, 33, of 206 New Alexandria Road, Brilliant, a co-defendant of Rinkes, also pleaded guilty to theft of drugs. She also was sentenced to six months in the Eastern Ohio Correction Center and placed on probation for three years.

The county prosecutor's office filed for a probation revocation after Stabile tested positive for cocaine and marijuana.

Bruzzese sentenced to Stabile to nine months in prison.

David R. Ellison, 56, of Knox Township Road 241, Toronto, was placed on three years of probation by Bruzzese after Ellison pleaded guilty to one count of receiving stolen property.

A second charge of obstructing justice was dismissed by the prosecutor's office.

Ellison was in possession of a stolen ATV in May. It was discovered through an investigation by the Jefferson County Sheriff's Department and Saline Township Police.

Ellison faces up to 18 months in prison if he violates probation.

(Law can be contacted at mlaw@heraldstaronline.com.)

Member Comments
View Comments: | 1-1 | Post a comment
JamesT
11-14-09 10:30 AM
AIDS, hepititus, H1N1, ect... a lot of deseases this cop could have gotten. Habitual drug users need to be keep in a prision rehab complete with detox and mandatory monthly drug testing.

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