MILLERSBURG -- For bringing a concealed gun into the Holmes County Fair, a Dundee man was sentenced Thursday to 90 days in jail.
Jamie Hershberger, 19, of 9971 State Route 93 NW, previously pleaded guilty in Holmes County Common Pleas Court with carrying a concealed weapon.
Advocating for Hershberger, defense attorney Mark Baserman Jr. asked Judge Robert Rinfret to exercise restraint and consider a non-prison sentence, especially considering, "It was a crime of ignorance of the law. He didn't brandish the weapon or threaten anyone."
Acknowledging Hershberger did not appear interested in using the gun at the time, Holmes County Assistant Prosecutor F. Christopher Oehl added, "It's an issue of maturity."
Rinfret agreed, telling Hershberger, "Son, you need to grow up. This is really stupid, what you did. What made you think you could bring a gun into the fair?"
Rinfret said he also considered the support of Hershberger's parents, who accompanied him to court, and the fact he is employed in fashioning an appropriate sentence.
He sentenced Hershberger to 90 days in the Holmes County Jail, with work release, and ordered him to pay a $500 fine, court costs and the fees and expenses of his court-appointed attorney. He also ordered him to serve 50 hours of community service. As part of his plea, Hershberger also agreed to forfeit the weapon in question.
Rinfret placed Hershberger on three years of community control sanctions, noting he would consider granting him early release from jail if he is quick to pay his financial obligations and demonstrates exemplary behavior.
Any violation of the terms of his probation, Rinfret told Hershberger, could culminate in the imposition of a 14-month prison sentence.
"It's time to become an adult. I promise you, if you screw up, you're going to go to prison, and I won't even think of bringing you back (early)," Rinfret said.
The charge stems from an Aug. 8 incident.
Just before 9 p.m. that evening, the Holmes County Sheriff's Office was contacted by a vendor who reported seeing Hershberger lifting his shirt to showing a gun to friends at the fair, according to Chief Deputy Richard Haun.
The vendor provided a description, which was disseminated to deputies on patrol, one of whom eventually located Hershberger, who was found to have a handgun concealed under the tail of his shirt, said Haun.
The gun, a 9 mm Ruger has a shot chambered, ready to fire, and a loaded magazine, according to Haun, explaining, absent a concealed carry permit, no one is permitted to carry a weapon in a concealed manner.
Hershberger, who was arrested without incident, gave no explanation why he was carrying the gun, said Haun.
Reporter Christine Pratt can be reached at 330-674-5676 or email@example.com.