Judge Demolishes Offender’s Excuses in BRUTAL Domestic Violence Sentencing

[00:00:00] Speaker 1: Thank you Your Honor. We're here in the state of Ohio versus Eric Bettinger and the defendant pled guilty to a lesser included offensive count one being domestic violence a felony of the fourth degree and count two disrupting public services a felony of the fourth degree. So before addressing [00:00:17] Mr. Johnson: mitigation I want to raise a threshold issue a legal issue the domestic violence charge and the disruption of public services charge it both arose from the same as Andrews my understanding of this in of this cases that it did arise from the same incident in the same exact conduct in this case those counts must murder must merge and the state must elect which to proceed on for sentencing. [00:00:40] Speaker 3: All right Miss Gold is your position as to whether these are allied offenses? [00:00:46] Speaker 1: Your Honor it is the state's position that the domestic violence and disrupting public services are not allied offenses of similar import both of these offenses include different conduct. The harm from the domestic violence is the defendants act of striking the victim. The conduct in the disrupting public services is the defendants act of taking the victim's phone and smashing it to the ground so that she could not contact 9-1-1. The harm from each of these is a different harm. The animus is different. The purpose is different. These are very distinct acts and thus do not merge. [00:01:23] Speaker 3: All right. The facts in this case indicate these are not allied offenses of similar import so I'm not going to merge them. Go ahead Mr. Johnson. [00:01:33] Mr. Johnson: He sent her a guilty plea Your Honor. He's not intending to hold the state to his burden and he stood up and he acknowledged what he did. Since the incident he was ordered to have no contact with the victim and he has had no interest. He has complied fully with the court's order Your Honor. He has no interest in reengaging with the victim. He has made that clear through his conduct during the pendency of this case. He's already been in custody since January 6th of 2026. My count makes it clear. That 114 days to this point Your Honor where he has sat in Lake County jail for this entire case. He has already been in custody since January 6th of 2026. My count makes that 114 days to this point Your Honor. Where he has sat in Lake County Jail for this entire case. He has already been in custody since January 6th of 2026. My count makes that 114 days to this point Your Honor. Where he has sat in Lake County Jail for this entire case. From my perspective Your Honor he's already served real-time and he's done so without incident. I don't think anyone in this courtroom would disagree that alcohol is one of the main issues that causes us to be before the court today. And I fully understand that alcohol is not the only issue that this is an offense of violence. But we have to understand that alcohol and offenses of violence go hand in hand. That is completely true. It's my understanding that he's not a violent individual. He's not someone out on the streets knocking people out and just slapping people around on just a regular day occurrence Your Honor. We have to take into account the fact that alcohol that Mr. Bettinger readily admits that he was drinking on that day. Dr. Bettinger will readily admit that he has a problem with drinking alcohol. He's even stated that when I drink it gets excessive. So Your Honor I think that that is a major component of this case that cannot be swept under the rug here. We have to address the alcohol issue head on if we're going to address the issue of the violence. It seems like the right thing to do would be to imprison them. But from my perspective that's only kicking the can down the road. Dr. Bettinger will be the right thing. But from my perspective that's only kicking the can down the road. And it's not really addressing a head on issue that brings him before him, that brings him before you. [00:03:25] Speaker 3: Dr. But hasn't he kicked the can down the road? I mean, it's up to him to get the treatment. It's not up to somebody else to do it for him. Dr. Well, Your Honor, that's fair. Dr. Since he's been out of prison, he's been charged with aggravated menacing with this GSI or this SI. He's been charged with some disorderlies. Dr. And I would imagine most, if not all of them are related to alcohol. So why hasn't he taken upon himself to do anything about it? [00:03:56] Mr. Johnson: Dr. Well, Your Honor, to be fair, he was still using. I mean, he's been out from the streets for 114 days. I'm not sure prior to this point, his last incarceration date, that would have been to that point or longer, would have been at least 20 years ago. Dr. So, Your Honor, I'm looking at a different person. You're talking about somebody who's now had that time, opportunity to actually really appreciate his conduct and what's caused him to be before you today. Dr. I would argue to you, Your Honor, that those misdemeanor cases that you were listing in terms of aggravated disorderly conducts, they don't rise to that level if we're being realistic. Dr. This felony case, however, Your Honor, that has caused him to lose everything, is put things into perspective. And I believe that having had that opportunity to put things into perspective, to sit down, to take a break, and to really reflect on what is the issue that's causing him to have interactions with law enforcement, interactions with this court system, Your Honor, I believe that now he's trying to take those steps to help himself. Dr. And I don't believe that going to prison will allow him to do so, Your Honor. It will only prolong the situation that caused him to be before you today. And we would ask that the court imposes community control on this matter. Thank you. [00:05:11] Speaker 3: Thank you. Mr. Bettinger, what do you want to tell me before I impose sentence? [00:05:15] Speaker 4: Dr. Your Honor, I messed up. I screwed up. And I take responsibility and I want to get help for that. Also, underlying problem of anger. And when there's alcohol involved, it can bring out the anger. And I do want to speak to someone about my anger. If it's anger management or a counselor or whoever that may be. Dr. Well, I have a good career. I'm an artist. I have a lot of outlets that I can use besides using. [00:05:47] Speaker 3: Well, why didn't you do this after you got out of prison after seven years? [00:05:51] Speaker 4: Dr. I really don't know why. I don't know why, Your Honor. And I understand that I have messed up since then because of that. Dr. And I'm old enough now. And I have a lot to lose. And I don't want to lose any more than I have already lost. And I want to save that. [00:06:09] Speaker 3: Dr. The entire time after you got out of prison, all within your control. And you didn't do anything to control them, which led to this. Dr. Okay, so what I've heard you talk about was what you want to do, what you have to do, what you have to lose, what you've already lost. Dr. So where does the victim fit into this whole thing? [00:06:33] Speaker 4: The victim fits into the hurt that I caused her. The victim falls into from me using. The victim falls into my mistakes. The victim falls into me not being smart, me not thinking. [00:06:45] Speaker 3: Dr. You call them mistakes. I don't consider them mistakes. I consider them actions that you voluntarily undertook. When did it dawn on you that you have a severe alcohol and potentially drug problem? When did that dawn on you? [00:07:05] Speaker 4: Dr. Well, I've gotten some DUIs. [00:07:10] Speaker 3: Dr. You've been on probation before, right? Dr. I have, yes. Dr. Okay. Dr. So what have you done through probation programming to address your problems? [00:07:24] Speaker 4: Dr. I've done drug and alcohol assessment. Dr. And what was the result of the assessment? Dr. They thought that I didn't have a problem, but then I did. I told them that I did. [00:07:39] Mr. Johnson: Dr. Your Honor, can we clarify? Are you speaking about this most recent matter or are you talking about another? [00:07:44] Speaker 3: Dr. No, I'll talk about any time in the last 20 plus years, 25 years, 30 years. [00:07:50] Speaker 4: Dr. So the question is, was it ever addressed when you were on probation before? Dr. It wasn't fully addressed. What did they say that? Dr. It wasn't, I never got the help that I needed done from probation. [00:08:02] Speaker 3: Dr. Well, why, who's that on? Who's that on? You said you never got the help you needed from probation. Who's that on? Dr. That would be on myself. Dr. Right. Dr. So all this goes on for the better part of 30 years. Nothing's been done about it and it results in this. What you did to her that night. [00:08:27] Speaker 4: Dr. I wasn't really sure, I guess, what the proper steps to take before this had happened, so this wouldn't happen to her. And I didn't want her to get hurt. [00:08:40] Speaker 3: Dr. Well, then you shouldn't have whacked her in the face if you didn't want her to get hurt. Right? [00:08:49] Speaker 4: Dr. Yes. Yes, I, I was, I was using at that time when it happened and I wasn't clearly thinking correctly. And, you know, this, at this point, it's, it's, none of that is worth it. None of that is worth just having a drink. None of that is worth any of this. [00:09:10] Speaker 3: Dr. Back in April of '07 that the felonious assault had something to do with you being drunk or high, right? [00:09:17] Speaker 4: Dr. Yes, Your Honor. [00:09:20] Speaker 3: Dr. Okay. This is now the second time you haven't registered as a sex offender? [00:09:26] Speaker 4: Dr. Whenever I had lost my place, I was with the victim. I was staying there. It wasn't a permanent address because I had planned on getting another place. [00:09:40] Speaker 3: Dr. Well, how long did you live there? [00:09:42] Speaker 4: Dr. I'm not sure if it was five months, six months, possibly. Dr. And you knew you had to report, right? Dr. Well, I thought that if it was a real address that was mine, I wasn't really sure how that worked. [00:09:55] Speaker 3: Dr. So what happened when it happened in Ashtabula also? [00:09:59] Speaker 4: Dr. That was for my vehicle. [00:10:02] Speaker 5: Dr. As the hearing continues, the judge carefully examines the defendant's long history of poor decisions, alcohol abuse, and repeated legal violations. Dr. Every answer raises more concerns about accountability. The courtroom shifts from sympathy to scrutiny as it becomes clear that past opportunities for change were repeatedly ignored. [00:10:25] Speaker 4: Dr. Right. Dr. My vehicle, because my vehicle wasn't entered in there. [00:10:28] Speaker 3: Dr. Your obligation was to have that registered, right? Dr. I was... Dr. Your obligation is when you move to another domicile, whether it's temporary or permanent, that you have the obligation to register, right? [00:10:43] Speaker 4: Dr. Yes, Your Honor. I thought that if it was permanent, I didn't know if it was temporary. [00:10:48] Speaker 3: Dr. Well, see, but this is, once again, this is on you, right? This is your responsibility. You were read the form when you were sentenced on that thing, and you were told exactly what you had to do, and you signed a form acknowledging exactly what you had to do. You didn't do it in Ashtabula. You would think that if you didn't know the rules when you got tagged with it in Ashtabula, you'd have learned the rules pretty quick. Dr. So you didn't get tagged with it again, but you didn't do that. Because you didn't see it as being very important. Dr. I did. [00:11:28] Speaker 4: Dr. That's why you didn't do it, right? Dr. Well, I did see it as important. I just, I didn't know if it could be because it wasn't a permanent residence. [00:11:35] Speaker 3: Dr. Okay. But that goes back to what I just said. If you got in trouble for it in Ashtabula, you should have sat down and looked at the rules or talked to the deputy, and found out exactly what the rules were so it didn't happen again. Dr. All right. Ms. Gold. [00:11:51] Speaker 1: Dr. Thank you, Your Honor. It's my understanding that the victim in this case would like to speak. It's now the appropriate time for her to do so. Dr. Go ahead. [00:12:00] Speaker 6: Dr. Good afternoon, Your Honor. Dr. I know you have my victim impact statement in front of you. I just wanted to hit on a couple of points that this incident has turned my life upside down. I couldn't work several weeks after the incident because I have a customer facing position and my face was black and blue and yellow. I didn't want to get questions from my clients and customers about what happened to your face. I now can't leave the house without a firearm on my hip. Dr. For not only fear of him, but fear of people that he associates with retaliating against me for standing up and saying, no, this isn't great. This shouldn't have happened to me. My 14-year-old daughter, who luckily was not there when this happened, but she didn't want to come back to my house because she was afraid. Dr. She didn't know if he was going to get out and come back and hurt us more. I've installed security cameras around my house. I don't go anywhere. I don't do anything. I don't talk to anybody because I can't trust anybody now because of what Mr. Benninger did to me. Dr. Benninger did to me. And that's all I really wanted to say. Other than that, I will just rely on the impact state of my room. [00:13:23] Speaker 3: Dr. All right. Thank you. Ms. Gold. [00:13:26] Speaker 1: Dr. Thank you, Your Honor. The defendant has a history of violence, as evidenced by both this case and by his criminal history, as Your Honor saw in the pre-sentence report. Dr. And this begins back in 2000, when the defendant was convicted of child endangerment. The Geauga court noted that the defendant has shown a repeated pattern of substance abuse. And there has been nothing to prevent the defendant between his release for the child endangering case and the incident in this case from seeking treatment on his own. Dr. And this is not to say that the defendant should not now seek help, but the defendant seeks to use obtaining treatment as an avenue to evade punishment and accountability for his actions. Dr. Has a misdemeanor domestic violence case in the Painesville Municipal Court. Dr. Another child endangering case involving injuries to the same five-week-old infant. Dr. Felonious assault in 2007. Dr. And then the domestic violence case we are here for today, where the defendant struck the victim in the face. Dr. And after doing so, smashed her phone so that she would not have the ability to call 911. Dr. And after the defendant had a sexual imposition conviction in Twinsburg in 2021, failed to register, well attempted failure to register, and then again attempted to fail to register in this case. Dr. It's impacted her feeling of safety in her own home. Dr. It's impacted her ability to go to her job and to live her day-to-day life. Dr. The state believes that a prison sentence is appropriate in this case. Thank you. [00:15:18] Speaker 3: Dr. I indicated previously this history goes back to 1994 when you were a juvenile and includes as juvenile offenses, an assault, domestic violence, drugs, lack of compliance with probation. Dr. This gold reference, the child endangerment, in which case a three-year prison sentence was imposed. Dr. He got out in '04. Dr. Felonious assault in '07 in Lake County, in which you were sentenced to eight years in prison, got out. Dr. Sexual imposition in Stowe in '21, which you were placed as a tier one offender, which required registration. Dr. Every year, you didn't do it. Dr. You didn't do it not because you didn't understand what you had to do, because it was clear what you had to do, because it was explained to you in open court what you had to do. Dr. You signed a paper indicating what you had to do, and you didn't do it. Dr. As a result, you were put on probation, and the note indicates that you were terminated from probation unsatisfactorily. Dr. January 6th, where you saw it within your purview to bloody up Ms. Conyers, because you didn't like what she said or did. Dr. When you were confronted, after the police were called, you had to try to get away from the two officers, had your hands in your pocket such that one had to draw his gun, Dr. not knowing if you had a weapon in your pocket, and then you struggled with them before they were finally able to secure you and arrest you. Dr. So you cannot use other people as punching bags, because that's exactly what you did. Dr. So I'm going to find you are not amenable to community control. Dr. And on 26-053, on count one, I'm going to sentence you to 17 months in prison. Dr. On count two, 12 months. Dr. Those two counts will run concurrent to one another. Dr. You get credit for 115 days. Dr. On 26-348, I'm going to sentence you to 11 months, and that sentence will be consecutive to case 26-053. Dr. You pay the costs on both cases. The consecutive sentences are necessary to protect the public from future crime by you and for appropriate punishment, and they are not disproportionate to the seriousness of your offenses and to the danger your conduct poses to the public. Dr. And as indicated, as I've gone over, as Ms. Gold has gone over, your history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by you. Dr. When you get out, you might be on post-release control for up to two years under the parole authority with conditions. If you are placed on post-release control and you violate any conditions, the parole authority could send you back to prison for up to nine months for each violation, up to one half of my sentence. If your violation is a new felony, you could get an additional consecutive prison sentence for the violation, the maximum of which is the greater of 12 months or the time left under post-release control. Dr. Nothing from the state, Your Honor. [00:18:58] Speaker 1: Dr. Mr. Johnson. [00:18:59] Mr. Johnson: Dr. Well, Your Honor, at this time, we would object to the consecutive sentence in position based on ORC 29-29-14. We do not believe that the findings were made on the record. [00:19:10] Speaker 3: Dr. Well, what I found was that this consecutive service was necessary for public protection from future crime by him, that crime amply demonstrated over the last 31 years, and for appropriate punishment. And they were not disproportionate to the seriousness of the conduct and the danger he poses to the public. And I further found that his history of criminal conduct, as indicated over the past 31 years, much of which is violent, demonstrated that consecutive sentences are necessary to protect the public from future crime by him. Anything further? [00:19:52] Mr. Johnson: Dr. Nothing further, Your Honor. [00:19:54] Speaker 3: All rise. [00:19:57] Speaker 5: Dr. After hearing every argument, the court delivers its final decision, emphasizing accountability, public safety, and the impact on the victim. The sentence reflects years of repeated offenses, rather than a single mistake. It is a powerful reminder that justice weighs actions, responsibility, and the consequences of every choice.