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CADIZ -- A man facing a felony charge of assault on a police officer was told he could no longer continue his case Tuesday, and a jury trial date was set for next month.
Rodrick Cowans, 43, of Cadiz is facing charges of aggravated assault, resisting arrest and domestic violence after an incident with his girlfriend allegedly turned physical. The case has been ongoing since September 2018.
Assistant Prosecutor Jeffrey Bruzzese said law enforcement responded to a domestic violence call between Cowans and his then-girlfriend in 2018.
"He (Cowans) was irate," Bruzzese said.
Cowans allegedly resisted arrest and assaulted an officer while they attempted to take him into custody for the incident.
Cowans appeared before Harrison County Common Pleas Judge T. Shawn Hervey for a final pre-trial hearing Tuesday morning.
"We are here to today for a last attempt at resolution to this case before trial set for April 1.The court will note that we've had about four or five trial dates continued. This one the court does not intend on continuing. Today is the day we're going to come to an agreement or not in this matter," Hervey said.
Jeffrey Bruzzese offered Cowans a final plea agreement that would have him serve six months incarceration and two years of community controls. Assault on a police officer, a fourth-degree felony, carries a potential sentence of six to 18 months in custody of the Ohio Department of Rehabilitation and Correction and up to a $5,000 fine.
Cowans declined the state's offer. Cowans also insisted on making a statement to the court, against the advice of defense attorney Travis Collins and the judge.
"If there's a conviction, I will be the person that decides what an appropriate sentence is," Hervey warned. "So if a person would make statements that would go toward any of the factors that I have to consider in sentencing, then I can't unhear those things. So generally what I tell those defendants is (that) it's against your interest to make statements to the court prior to a trial."
Cowans said he wanted to have what the state offered him previously "on record." Cowans said he was offered a plea agreement that included only time served and a fine, which he declined prior to being charged with a felony. Hervey replied that once the state makes an offer and the defendant rejects the offer, it is no longer relevant.
Bruzzese objected to Cowans' statement.
"Something that may or may not have been said outside of this courtroom prior to an indictment is totally irrelevant and inappropriate for Mr. Cowans to even try to get it in here. The fact is these charges are in the court now, they are on my desk now. If he's (Cowans) going to plea, it's going to be to a felony and that's the end of it," Bruzzese said.
The prosecutor said the defendant has dragged the case out long enough. He said Cowans has had several lawyers, even representing himself at one point in attempts at continuing the case.
"This case has been through the ringer time and time again. And today is the day these games stop and we either try this case on the (April) 1st or we get it resolved. The offer has been made," Bruzzese said. "We are where we are because of the things Mr. Cowans has said and the things Mr. Cowans has done. It is his fault and his fault entirely that he was arrested, indicted and is sitting here today."
Cowans insisted on making a statement to the court and began by apologizing to the state for the "timeline." He said he wanted to get on record that originally he was only charged with domestic violence and obstruction of justice.
"I just wanted to get that on the record," he said.
Hervey said he understands the defendant's frustration.
"The state of Ohio is in charge of what charges are filed. They always have the right to evaluate the case and bring more charges. It appears that's what they've done," he said.
Cowans' jury trial is now scheduled to begin on April 1.
In addition to the alleged assault, Cowans also faces two misdemeanor charges of domestic violence and resisting arrest. The domestic violence charge carries up to six months in jail, while resisting arrest carries a sentence of up to six months in jail and a $5,000 fine.