MIAMI COUNTY — A Piqua man who stole a vehicle and crashed into a Troy home last August was sentenced to serve 16 months in prison in Miami County Common Pleas Court on Monday.
Kevin Lux, 23, of Piqua, entered a plea of no contest to fourth-degree theft, fourth-degree burglary and first-degree misdemeanor OVI and was found guilty by the court in earlier proceedings. Lux was also denied treatment in lieu of conviction. Judge Jeannine Pratt sentenced Lux to serve 16 months for each of the felony counts and 30 days in jail for the OVI, which will run concurrent with one another. She also ordered him to pay $18,741 in restitution to three victims as part of his sentence.
Lux apologized to the parties involved in the incident and said, “I’ll do everything I can to make things right.”
Following a statement from the state, Lux’s counsel Travis Kane objected to Miami County Assistant Prosecutor Paul Watkins reading portions of the police report and recommended Lux serve jail or prison time. Kane claimed that in off-the-record conversations the state would not recommend jail or prison terms. Watkins stated he never agreed to Kane’s claims and assured the court those claims were never part of the plea agreement, weren’t included in the plea agreement paperwork and were not part of Lux’s no contest plea in earlier court proceedings. Watkins also stated such decisions are made by the court, which is stated in the plea agreement proceedings. Kane withdrew his objections, but said he and his client were “under the impression that it was not mandatory jail or prison time.” Judge Jeannine Pratt proceeded with the sentencing hearing.
Judge Pratt listed Lux’s previous criminal record, which included six terms of probation with multiple violations. Lux’s previous record, along with the physical, financial and psychological harm was caused in the series of events of his crimes were factors in his prison sentence, she said. Judge Pratt also noted Lux’s history of alcohol abuse.
“You were completely out of control,” Judge Pratt told Lux. Judge Pratt said she may consider early release, “If and only if” Lux displays “absolutely perfect behavior” while he is incarcerated.
“You are going to have to demonstrate you can follow the rules,” she said, noting she wasn’t making any promises for early release. Judge Pratt also suspended Lux’s driver’s license for one year, added six points to his record and fined him $375 for the OVI.
An occupant in the home spoke in court prior to sentencing. The woman said on Aug. 27, 2017, her family’s “lives were changed and disrupted forever.”
The victim told Lux he crashed the car into the bedroom of her 27-year-old special needs son as he slept in his bed. She told the court if Lux had crashed the vehicle a few more feet in one direction, her son could have been killed. She also said her husband had happened to go to bed early that evening and also could have been injured. She stated they had to be displaced from their residence for more than two months. Other victims submitted statements to the court for consideration for sentencing purposes.
According to reports, Troy Police Department responded to a 9-1-1 call at 6:18 a.m. Aug. 27, 2017, on a report of a car had crashed into a home at 980 Linwood Drive.
Prior to the crash, Lux was accused of breaking into a garage at a residence on Miami Avenue, Piqua, where he stole a pick-up truck. Lux then drove the stolen vehicle, hitting several cars — one on Miami Avenue and several on Linwood Drive in Troy — before crashing into the home at 980 Linwood Drive.
Lux then exited the vehicle and was found by officers on foot in the back yard of a Forest Avenue home, where he was apprehended and taken into custody. He also assaulted a man inside his apartment in Piqua at some point in the incident.