No jail time for a pregnant defendant convicted on burglary charge

Originally published in the Daily Advocate Feb. 26, 2020

By Bethany J. Royer-DeLong

GREENVILLE — An expectant mother, fingerprints on a safe, and text messages were at the
center of a sentencing hearing in Darke County Common Pleas Court on Monday.

Ashley M. Boseke, 30, went before Judge Jonathan P. Hein on a charge of burglary, a third-
degree felony. Her defense attorney, David Rohrer, noted before the sentencing got underway
that his client was having contractions.

When asked how she was feeling, Boseke answered the previous night was long, but with a due
date still several weeks away, she was able to focus, to get through the sentencing.

Moving forward, Darke County Assistant Prosecutor Deborah Quigley stated she was troubled
by the defendant’s continued denial of involvement in the case. That Boseke made the plan, was
the instigator, behind stealing money from a safe belonging to a former spouse.

“[She] set up the whole thing and set it in motion,” continued Quigley citing the defendant plead
guilty to the charge because the “facts were stacked against her.”

While the State’s position was that of prison or at least some jail time, the defendant’s current
condition left the prosecutor to defer to the court.

Jude Hein questioned Boseke as to why her fingerprints were on the safe with the explanation
she was in and out of the home where the safe was located to take care of her son.

“He never put money in the safe,” continued Boseke citing house documents, birth certificates,
and the like as reasons for her fingerprints. However, the prosecution argued against her version
of the story citing text messages between the defendant and her fiancé.

“It says, ‘I’m going to slide in that window and help myself to the safe tonight,’” read Quigley
from the pre-sentence investigation report. “It’s the text messaging where she gets in trouble. It’s
not the fingerprints.”

When asked for any comments on the text messages, Boseke declined to respond.

For Judge Hein, Boseke’s lack of prior criminal history, not her pregnancy, was the main
deterrent against incarceration. She was sentenced to up to 60 months community control with
100 hours of community service, court costs, and to pay $600 in restitution.

Failure to comply could result in a maximum of 18 months in prison.

Also appearing in court were the following:

*Lloyd W. Scott, 21, of Dayton, for intervention in lieu of conviction hearing on a reduced
charge of attempted carrying a concealed weapon, a fifth-degree felony. He was sentenced to up
to 60 months of community control with 100 hours of community service and court costs.

*Timothy D. Schellenbarg, 20, of Greenville, on allegations of non-compliance on an original

charge of domestic violence, a fourth-degree felony. He admitted to the violations with
community control to continue up to 60 months with successful completion of the Morningstar
Rehab program.

*Billy J. Saylor, 39, on allegations of non-compliance on an original charge of domestic

violence, a fourth-degree felony. He admitted to the violations with community control up to 60
months and incarceration to continue until placement with Nova Behavioral Health.

*Fred A. Snelling, 38, on allegations of non-compliance on an original two counts aggravated

possession of drugs, both fourth-degree felonies. He admitted to the violations with community
control to continue and his release to Montgomery County authorities.