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Henderson hands out criminal sentences

December 4, 2012
By MARK LAW - Staff writer ( , The Herald-Star

STEUBENVILLE -A Bloomingdale-area man who was on probation and was caught stealing copper from a house was sentenced to two years in prison on Monday by Jefferson County Common Pleas Judge David Henderson.

Andrew Vogel, 27, pleaded guilty in July 2011 to theft of an automobile, theft of checks and forgery. He was sentenced by Henderson to six months in the Eastern Ohio Correction Center, followed by two years of probation. Vogel was ordered to make $14,495 in restitution, mainly to credit card companies.

Vogel was arrested by City Police on Oct. 16 after he was caught inside a vacant house in the 3900 block of Portland Boulevard.

Police were checking the residence on a report of a flashlight seen inside, when an officer looked through a garage window and saw Vogel. Vogel took off running out of the home but was temporarily detained in an alley, police reported. Vogel struggled with the officer and again took off running. Several officers searched the area and caught Vogel in the woods near the county children's home, police reported.

Officers found a pipe cutting tool and cut copper piping on a blanket inside the home.

Vogel pleaded guilty on Monday to a bill of information charging him with burglary and possession of criminal tools in connection with that case. Henderson sentenced Vogel to one year in prison on that case, plus an additional one year in prison on the probation violation.

Also, Otearle K. Birden, 27, of Steubenville had his probation continued after he admitted to another probation violation.

Birden pleaded guilty in March 2011 to receiving stolen property and was placed on probation for three years. In June, Birden was called to come get a car driven by his father and was arrested on a probation violation and for being in possession of heroin.

Henderson then sentenced Birden to six months in the Eastern Ohio Correction Center.

Birden was kicked out of the Eastern Ohio Correction Center in October after he was accused of trying to make alcohol out of fermented orange juice.

County Assistant Prosecutor Frank Bruzzese said Birden has a drug abuse problem and it would be in the best interest of justice for the local court to retain control over Birden. Birden still faces a prison term if he violates probation again.

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