CLINTON — A Clinton man was ordered to complete the Residential Corrections Facility program as a condition of probation.
Ryan P. Cushing, 38, no address given, appeared Thursday in Clinton County District Court for sentencing for possession of a controlled substance, namely marijuana with intent to deliver, a Class D felony.
Assistant Clinton County Attorney Amanda Myers recommended the court order Cushing serve a sentence of incarceration not to exceed five years. She cited Cushing’s criminal history, which includes past drug and driving misdemeanor offenses. Myers stated Cushing’s criminal history also includes domestic abuse-assault causing injury. She said it was clear community-based supervision is not working at this point for Cushing.
Defense attorney Matthew Hatch requested the court to follow the Pre-Sentence Investigation report recommendation for probation with placement at the Residential Corrections Facility. Hatch stated a majority of Cushing’s criminal history stems from substance abuse issues.
District Court Judge Mark Lawson ordered a sentence not to exceed five years for possession of a controlled substance with intent to deliver, namely marijuana, be suspended. Lawson placed Cushing on probation for three years unless sooner released. Conditions of probation imposed by Lawson require Cushing to reside in and successfully complete the Residential Corrections Facility program, obtain a substance abuse evaluation and follow through with any recommended treatment and obtain a mental health evaluation and follow through with recommended treatment. Lawson in ordering the sentence be suspended cited Cushing’s need for substance abuse treatment and the belief his needs can be met in the community, especially with placement at the RCF.
Lawson ordered Cushing to pay a $750 fine. He als was ordered to pay attorney fees not to exceed $800. One count of failure to affix a tax stamp was dismissed at sentencing, with costs assessed to Cushing.