Ohio Judge Orders Man to Receive Covid-19 Vaccine as Part of Probation Terms

As we witness more vaccine mandates and incentives across the globe, an Ohio judge has now ordered a man to obtain the vaccine — or violate his probation and go to jail.

Brandon Rutherford, 21, was facing charges on a recent drug conviction and wore a mask when he went to court on August 4. The Hamilton County Courthouse recommends — not mandates — that unvaccinated individuals wear a mask.

Rutherford was sentenced to two years of probation for possession of fentanyl. As part of his probation terms, Judge Christopher Wagner ordered Rutherford to get vaccinated within 60 days or face the consequences.

“He asked me, was I vaccined [Sic]?” said Rutherford about the judge. “I told him no. And he asked me if I planned to get vaccined, [Sic] and I told him no.

“I don’t plan on getting it. I don’t want it,” added Rutherford. “So, 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.”

Rutherford’s attorney, Carl Lewis, was shocked at the judgment. “When you hear that, you’re like, ‘Whoa, I don’t think the judges are within their powers to do that,'” Lewis said.

“If he truly believes that he’s within [the] authority to order the individual to get a vaccine, then we’ll have a legal issue to address,” continued Lewis.

The judge claims that fentanyl is more deadly than the vaccine or COVID-19.

“This defendant was in possession of fentanyl, which is deadlier than the vaccine and COVID 19,” Wagner said. “The defendant expressed no objection during the proceedings and stated no medical concerns, and his attorney did not object.”

In a written statement to CNN, Wagner said that his role in the court is to “rehabilitate the defendant and protect the community.”

Rutherford completely disagrees with the judgment.

“It’s not like I’m out here getting into any more trouble or anything like that,” Rutherford said. “But because I don’t take a shot, they can send me to jail. I don’t agree with that.”

However, Lewis said that they would wait for the 60 days to expire and see what the judge will do at that point.

Lewis wasn’t aware of any other judges ordering defendants to get vaccinated, though Wagner says it’s not uncommon for judges to order various health treatments.

It turns out that another Ohio judge has been sentencing people to get vaccinated, though he claims that the individuals procrastinated rather than refused.

 

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