Tuesday, October 11th, 2022

Chickasaw man granted early release from prison

By William Kincaid
Photo by Paige Sutter/The Daily Standard

Nicholas Schwieterman.

CELINA - After serving nearly 14 years at multiple prisons, a 37-year-old former Chickasaw man is set to walk out of Mercer County jail a free man this morning, with several conditions attached to his early release.
Mercer County Common Pleas Court Judge Jeffrey Ingraham, after due consideration, granted Nicholas Schwieterman judicial release, court records show. Schwieterman had been serving a 24-year prison sentence for causing a traffic accident that killed four Maria Stein area teens.
Ingraham also imposed numerous community sanctions on Schwieterman for up to five years. Should Schwieterman violate any of the sanctions, the court could reinstate the remainder of his prison sentence, documents state.
During the early morning hours of March 15, 2008, Schwieterman was driving a 1996 Pontiac Bonneville west on Brockman Road, when his car collided with a 1995 Pontiac Grand Prix driven by Jordan Moeller at the intersection of County Road 716A. Moeller and his passengers, Bradley Roeckner, Jordan Goettemoeller and Jordan Diller, were killed in the crash.
A Mercer County Sheriff's Office report had shown that Schwieterman had failed to stop and yield the right of way at the intersection. Schwieterman also was found to have been driving under the influence of alcohol, cocaine and marijuana at the time of the crash. He was found to have a blood-alcohol content of 0.134, well above the legal limit of 0.08.
In Oct. 2008, Schwieterman in Mercer County Common Pleas Court pleaded no contest and was found guilty of four counts of involuntary manslaughter, first-degree felonies; possession of drugs, a fifth-degree felony; and driving while under the influence of alcohol or drugs, a first-degree misdemeanor, and was sentenced to 24 years in prison.
Judicial release at that time was not legally available in the case, Mercer County Prosecutor Matthew Fox noted at Schwieterman's third judicial release hearing late last month.
"The judicial release statute was amended, so though not eligible back at the time of this court sentence he is eligible now because he served more than half of his sentence that was in excess of ten years," Fox had explained.
Fox had opposed the first two motions filed for judicial release because he said Schwieterman had not taken full responsibility for the accident.
Schwieterman along with his supporters had pushed a false narrative claiming he was wrongfully imprisoned, placing the blame on Moeller and hindering the victims' family members from moving forward, Fox asserted.
This time around, the state took no position on the motion for judicial release.
"In this motion and subsequent to his filing in July, was Mr. Schwieterman going to accept his responsibility for his conduct and step away from the false narrative blaming Jordan Moeller?" Fox asked at the hearing. "He does today and he has in preparation for today taken that responsibility for the deaths of Jordan Moeller, Jordan Diller, Bradley Roeckner and Jordan Goettemoeller."
Addressing the court and family members of the four victims at the hearing, Schwieterman claimed he accepted full responsibility for the accident, apologized for the pain he has inflicted on many persons and said he has and will continue to work to better himself.
"From the bottom of my heart I'm sorry for all the pain, all the anguish, everything you've had to live with, know that … each and every day I think of you guys, and I know sorry - I've said it already -it doesn't even really seem adequate, but I am sorry," he said. "I just hope that you all can find peace in your life."
Schwieterman, per his community sanctions, must undergo supervision. He is not to violate any federal, state or local laws, may not own possess or have under his control any firearm, dangerous ordnance or weapons of any type.
He must establish a permanent residence and report it to his probation officers. He is not allowed to change his residence, telephone number or address without permission of a probation officer during his entire stretch of supervision.
Fox had requested Schwieterman, should he be released, have no direct or indirect contact with the victims' family members and that he not be permitted in Mercer County or surrounding counties.
Ingraham did not explicitly impose those conditions in Schwieterman's communication sanctions, court records show.
Schwieterman may not leave the county where he takes up his residence for more than 24 hours without permission from a probation officer. He also may not associate with any person prohibited by his probation officers.
Upon request, Schwieterman must submit to a search of his person, motor vehicle, personal electronic devices or residence. Upon request he must provide the usernames and passwords for any social media accounts or other internet-based accounts to probation officers.
He must also complete a treatment program offered through Franklin County Re-Entry Coalition.
Moreover, Schwieterman must complete a substance abuse treatment plan, not consume any alcohol or drugs of abuse and submit to random periodic urinalysis or other chemical tests required by probations officers, law enforcement or treatment providers.
He must maintain a daily curfew of 9 p.m. to 6 a.m. save for purposes of employment. Schwieterman must also find and maintain employment.
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