State v. Rogers
Citation
2025 Ohio 2397
Court
Unknown Court
Decided
July 7, 2025
Importance
35%
Practice Areas
Case Summary
[Cite as State v. Rogers, 2025-Ohio-2397.] IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY STATE OF OHIO, CASE NO. 2024-A-0102 Plaintiff-Appellee, Criminal Appeal from the - vs - Court of Common Pleas MELISSA ROGERS, Trial Court No. 2023 CR 00504 Defendant-Appellant. OPINION AND JUDGMENT ENTRY Decided: July 7, 2025 Judgment: Affirmed April R. Grabman, Ashtabula County Prosecutor, and Dane R. Hixon, Assistant Prosecutor, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee). Richard E. Hackerd, 55 Public Square, Suite 2100, Cleveland, OH 44113 (For Defendant-Appellant). MATT LYNCH, J. {¶1} Appellant, Melissa Rogers, appeals from the judgment of the Ashtabula County Court of Common Pleas, finding she violated the terms of her community control and sentencing her to 15 months in prison. For the following reasons, we affirm the judgment of the trial court. {¶2} In January 2024, Rogers pleaded guilty to an amended Count One of the indictment, Attempted Aggravated Trafficking in Drugs, a fourth-degree felony in violation of R.C. 2923.03(B) and 2925.03(A)(2)(C)(1)(a). In late August 2024, the trial court sentenced Rogers to two years of community control, the conditions of which included entering and completing the Northeast Ohio Community Alternative Program (“NEOCAP”), a residential substance abuse treatment program for offenders. {¶3} On September 10, 2024, the Ashtabula County Adult Probation Department filed a “complaint for violation of probation,” alleging Rogers did not comply with the NEOCAP condition of her community control because she was terminated unsuccessfully from the program. {¶4} On November 4, 2024, Rogers waived her right to a probable cause hearing and requested the trial court proceed to a final hearing. The trial court heard testimony from Rogers and her probation officer, Aaron Thomas Hough. {¶5} Hough testified he had been supervising Rogers since her sentencing hearing on August 20, 2024. He explained Rogers entered NEOCAP on August 28. Several days later, NEOCAP informed Hough’s immediate supervisor that Rogers refused to participate and NEOCAP was terminating her unsuccessfully from the program. On September 5, Hough transported Rogers from NEOCAP to the Ashtabula County Jail. On September 10, he filed the underlying complaint. {¶6} Rogers testified she went into the NEOCAP program with an “open-mind,” and she “ended up getting kidney stones.” She explained she develops kidney stones frequently, and her doctor advised her to go to the emergency room when they occur. Rogers further testified that the NEOCAP administrators refused to get her medical assistance or medication and refused to allow her to call her doctor. She “just laid there for two days,” and “they never even checked on” her. This occurred during her third or fourth day in the program. The nurse did not visit or assess her and simply told the administrators to inform Rogers to “stay in bed and drink water.” In a separate incident, PAGE 2 OF 11 Case No. 2024-A-0102 when Rogers was upset after learning her home had been robbed and her dog poisoned, the NEOCAP administrators put her in “a little cell” called the “dog room,” which was “covered in pictures of dogs,” and they “left her there for hours.” She told the NEOCAP administrators she did not want to participate in the program and to take her back to jail. {¶7} The trial court decided to continue the hearing due to time constraints, further stating: However, before we meet again and – I do want some information here from NEOCAP. I would like information here from NEOCAP, as I don’t have enough information here. I’ve heard testimony from both on behalf of the State, as well as on behalf of the defense. But I’d like some information here from the NEOCAP facility as it relates to the situation. And I don’t know if there’s something that exists or is created by NEOCAP or whatever it may be, but there is information that I would like here in addition to what I’ve heard today. So because we have to break anyway due to time, this would be a good time for either side or both sides to get that information. {¶8} On November 20, 2024, at the continuation of the hearing, the State presented Jennifer Melvin, the director of the NEOCAP female facility, as a witness. Melvin testified Rogers made several medical comp
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July 7, 2025
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[Cite as State v. Rogers, 2025-Ohio-2397.]
IN THE COURT OF APPEALS OF OHIO
ELEVENTH APPELLATE DISTRICT
ASHTABULA COUNTY
STATE OF OHIO, CASE NO. 2024-A-0102
Plaintiff-Appellee,
Criminal Appeal from the
- vs - Court of Common Pleas
MELISSA ROGERS, Trial Court No. 2023 CR 00504 Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Decided: July 7, 2025
Judgment: Affirmed
April R. Grabman, Ashtabula County Prosecutor, and Dane R. Hixon, Assistant Prosecutor, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee).
Richard E. Hackerd, 55 Public Square, Suite 2100, Cleveland, OH 44113 (For Defendant-Appellant).
MATT LYNCH, J.
{¶1} Appellant, Melissa Rogers, appeals from the judgment of the Ashtabula
County Court of Common Pleas, finding she violated the terms of her community control
and sentencing her to 15 months in prison. For the following reasons, we affirm the
judgment of the trial court.
{¶2} In January 2024, Rogers pleaded guilty to an amended Count One of the
indictment, Attempted Aggravated Trafficking in Drugs, a fourth-degree felony in violation
of R.C. 2923.03(B) and 2925.03(A)(2)(C)(1)(a). In late August 2024, the trial court
sentenced Rogers to two years of community control, the conditions of which included entering and completing the Northeast Ohio Community Alternative Program
(“NEOCAP”), a residential substance abuse treatment program for offenders.
{¶3} On September 10, 2024, the Ashtabula County Adult Probation Department
filed a “complaint for violation of probation,” alleging Rogers did not comply with the
NEOCAP condition of her community control because she was terminated unsuccessfully
from the program.
{¶4} On November 4, 2024, Rogers waived her right to a probable cause hearing
and requested the trial court proceed to a final hearing. The trial court heard testimony
from Rogers and her probation officer, Aaron Thomas Hough.
{¶5} Hough testified he had been supervising Rogers since her sentencing
hearing on August 20, 2024. He explained Rogers entered NEOCAP on August 28.
Several days later, NEOCAP informed Hough’s immediate supervisor that Rogers
refused to participate and NEOCAP was terminating her unsuccessfully from the
program. On September 5, Hough transported Rogers from NEOCAP to the Ashtabula
County Jail. On September 10, he filed the underlying complaint.
{¶6} Rogers testified she went into the NEOCAP program with an “open-mind,”
and she “ended up getting kidney stones.” She explained she develops kidney stones
frequently, and her doctor advised her to go to the emergency room when they occur.
Rogers further testified that the NEOCAP administrators refused to get her medical
assistance or medication and refused to allow her to call her doctor. She “just laid there
for two days,” and “they never even checked on” her. This occurred during her third or
fourth day in the program. The nurse did not visit or assess her and simply told the
administrators to inform Rogers to “stay in bed and drink water.” In a separate incident,
PAGE 2 OF 11
Case No. 2024-A-0102 when Rogers was upset after learning her home had been robbed and her dog poisoned,
the NEOCAP administrators put her in “a little cell” called the “dog room,” which was
“covered in pictures of dogs,” and they “left her there for hours.” She told the NEOCAP
administrators she did not want to participate in the program and to take her back to jail.
{¶7} The trial court decided to continue the hearing due to time constraints,
further stating:
However, before we meet again and – I do want some information here from
NEOCAP. I would like information here from NEOCAP, as I don’t have
enough information here. I’ve heard testimony from both on behalf of the
State, as well as on behalf of the defense. But I’d like some information
here from the NEOCAP facility as it relates to the situation. And I don’t know
if there’s something that exists or is created by NEOCAP or whatever it may
be, but there is information that I would like here in addition to what I’ve
heard today. So because we have to break anyway due to time, this would
be a good time for either side or both sides to get that information.
{¶8} On November 20, 2024, at the continuation of the hearing, the State
presented Jennifer Melvin, the director of the NEOCAP female facility, as a witness.
Melvin testified Rogers made several medical comp
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Date Decided
July 7, 2025
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