Ohio man, 22, vows to defy judge's 'crazy' order to get a COVID-19 vaccine as part of his two-year probation for fentanyl possession
- Hamilton County Pleas Court Judge Christopher Wagner mandated Brandon Rutherford on Wednesday to get a Covid vaccine as part of his probation
- Rutherford pleaded guilty to fentanyl possession in June
- Wagner said he felt the order was part of his responsibility to protect the public and Rutherford's health
- Rutherford's attorney, Neil Lewis, says he and his client plan to challenge the order
- It is not the first-of-its kind case in Ohio, with other judges issuing similar probation requirements
An Ohio man has refused to get vaccinated against coronavirus despite an Ohio judge ordering him to as a condition of his probation for a felony drug charge.
On Wednesday, Hamilton County Pleas Court Judge Christopher Wagner mandated Brandon Rutherford, 22, who pleaded guilty in June to possession of fentanyl, get vaccinated within two months or otherwise face jail.
But Rutherford says he has no plans to do so, telling WCPOTV: 'I don't plan on getting it. I don't want it.'
His attorney, Neal Lewis, told DailyMail.com that they will see what happens.
'We will be challenging it, but we have to wait to see if Judge Wagner violates Mr. Rutherford in 56 days,' he said, noting that Rutherford has not yet violated his two-year probation as set by Wagner. 'If he violates him we will sue.'
Wagner, however, says his mandate is within his authority to protect the public, and Rutherford's health.
Hamilton County Pleas Court Judge Christopher Wagner (left) has ordered Ohio man Brandon Rutherford to get a Covid-19 vaccine as a requirement of his two-year probation for fentanyl possession. Rutherford says he has no plans to do so.
'The court's responsibility when issuing a community control sanction is to rehabilitate the defendant and protect the community,' Wagner said in a statement.
'Judges make decisions regularly regarding a defendant's physical and mental health, such as ordering drug, alcohol, and mental health treatment. This defendant was in possession of fentanyl, which is deadlier than the vaccine and Covid-19.'
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Lewis says this is the first such order he has heard of.
Wagner said it first came about after he noticed Rutherford wearing a mask in court.
When asked, Rutherford told the judge he wasn’t worried about the vaccine. 'I just never went to get it,' he said.
Rutherford's attorney Neil Lewis (pictured) said he and his client plans to challenge the Wagner's order
'He asked me, was I vaccinated [sic]?' Rutherford told WCPOTV. 'I told him no. And he asked me if I planned to get vaccinated [sic], and I told him no.
'For him to tell me that I have to get it in order for me to not violate my probation is crazy because I'm just trying to do what I can to get off this as quickly as possible, like finding a job and everything else, but that little thing can set me back.'
Norman Pattis, a trial lawyer based out of New England, said Wagner's order was most likely an overreach of the court's power.
'This is almost certainly an abuse of the courts discretion,' He told the Daily Mail.
'The courts criminal jurisdiction is limited to what is necessary to punish, rehabilitate and re-educate an individual, and also to keep society safe,' he said.
'But that safety consideration has never blossomed into a full-scale public health authority. It’s unheard of and quite frankly terrifying.'
'I sure hope this kid gets an appeal,' Pattis said.
Rutherford has two months to get vaccinated until he is violation of Wagner's probation order. After that, he could face jail time
While both he and Lewis said they had not heard of a similar probation requirement, it's not the first of its kind.
Two months ago a Franklin County common pleas judge, also in Ohio, started mandating vaccines as a condition of probation in certain cases, the Cincinnati Enquirer reported.
And two county judges in Cuyahoga County have been offering defendants the chance to get vaccinated, in order to reduce their probation terms.
While it is not clear whether judges have been ordering vaccine requirements to defendants in other parts of country, Pattis says he believed these instances were part of an emerging pattern of increasing government regulation.
'What’s next, eat your broccoli or brush your teeth before you go to bed or your going back to prison?' he said.
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