No plea agreement for Lima man accused of assaulting corrections officer

LIMA — No plea agreement has been reached for a Lima man accused of felonious assault on a corrections officer, so the scheduled final pretrial Monday in the Allen County Common Pleas Court was spent discussing motions filed by the man without help from his attorney.

Teir Pitts, 33, handwrote two motions — one to dismiss and one to demurrer — and an affidavit and sent it to the court because he argued he can’t get his attorney, Megan McLean of the Allen County Public Defenders Office, to file any motions for him.

Judge Terri Kohlrieser said he’s “not entitled to hybrid representation,” so unless he is representing himself, he can’t file motions. She also said motions to demurrer are no longer used in Ohio. Kohlrieser gave McLean until the end of the week to file any motions.

Pitts’ motion to dismiss said he is being convicted for the same offense twice — otherwise known as double jeopardy — which he said violates his Fifth and Eighth Amendment rights. He said he already received 270 days in the Ross Correctional Institution for the assault.

On Monday, McLean filed a motion regarding perceived double jeopardy where she discussed that when Pitts was sentenced the first time, it was at an Adult Parole Authority hearing regarding the assault and other violations unrelated to the assault. She referenced the law that a person who violates probation can be incarcerated for the violation as well as additional criminal prosecution, and it won’t be considered double jeopardy.

“However, counsel for the defendant acknowledges that at any point and time, decisions regarding the current state of law can be changed. Therefore, counsel for defense files this motion to preserve the record for any potential future changes in the law,” McLean wrote.

The incident occurred in the Allen Oakwood Correctional Institution on Nov. 8, 2023. In his motions, Pitts argued self-defense. He said a corrections officer told him to get in his cell, and he said “make me.” Pitts went into his cell, and the officer followed. Pitts asked the officer if he wanted to fight, and Pitts said the officer said “this ain’t what you want” and the officer “came towards me in a menacing manner, and I struck him once out of fear,” Pitts wrote.

Pitts wrote he didn’t intend to harm the officer and has no history of assault in the almost 10 years he’s been incarcerated.

“He was not to enter my cell but only secure the door,” Pitts wrote, as he said an officer entering cells violated jail policy.

Pitts punched the officer in the mouth and broke his tooth, causing him to need a crown. Pitts also needed medical attention after the officer’s tooth cut his hand.

Reach Charlotte Caldwell at 567-242-0451.