Preble County, Ohio Prosecutor's OfficeMartin P. Votel, Prosecuting Attorney

Melvin Rusk Sentenced to Prison

Published on March 19th, 2015

Summary

Melvin Rusk, age 46, has been sentenced to 18 months in prison for “Weapons Under Disability”

Melvin Rusk, Jr., 46, was sentenced to 18 months in the Ohio Department of Corrections on Wednesday, March 18, 2015, following an earlier guilty plea to “Weapons Under Disability”, a felony of the third degree (2923.13(A)(2)), in the Preble County Court of Common Pleas. Assistant Prosecuting Attorney Gractia S. Manning represented the State of Ohio, with Nathan Meeks representing Melvin Rusk, Judge David N. Abruzzo presiding.

Rusk was arrested in Preble County by Deputies Josh Wing and Andrew Blevins of the Preble County Sheriff’s Office on November 21, 2014. The arrest occurred after a 911 call was made from Rusk’s Toney Lybrook Road residence. Dispatch was told that Rusk was intoxicated, angry and shooting a firearm inside the residence. Rusk could be heard by the dispatcher yelling at his mother, while his girlfriend and her adult daughter hid inside a closet and called 911 when he retrieved a firearm during an argument. The females in the closet then heard several gun shots inside the residence. When deputies arrived Rusk was ordered out of the residence with his hands up and complied, with a can of beer in one hand. Inside the residence a back door was open, with shotgun shells lying in the laundry area of the residence. Rusk claimed he was shooting an animal that was in the backyard from inside the residence through the open back door.

Rusk was under disability for weapons at the time of the offense. Certain convictions place felons under disability for possessing or using a firearm in the State of Ohio. Rusk’s criminal history reflects felony convictions for Corruption of a Minor, Child Endangering, and Attempted Felonious Assault, all of which sent him to prison in 1993, 1996 and 2004 respectively. They all place him under disability for weapons as well, as they are felony offenses of violence. Rusk also has numerous misdemeanor convictions related to alcohol and violence, including a Battery conviction in Wayne County, Indiana, and two Assault convictions in Eaton in 2007 and 2008.

The felony of the third degree “Weapons under Disability” charge carried a possible prison term of up to three years in prison and a fine of up to $10,000.00. Rusk will also be subject to a possible three years of post-release control.

Prosecuting Attorney Martin P. Votel: “Alcohol and firearms are a deadly combination, and there is no room lenience in the criminal justice system when lives are endangered in this fashion. The occupants of the home were terrorized by the defendant’s conduct and we are very fortunate no one was injured during the incident. The defendant’s return to prison was necessary to protect the defendant’s family, and the greater Preble County community, from future crime by this defendant.”