A judge ordered an Ohio felon to get the COVID vaccine within 60 days of his court date or face additional jail time. Obtaining the vaccination was the condition of his probation. He was sentenced to two years of probation for possession of fentanyl.
The judge, Christopher Wagner, said in a comment to CNN that, “This defendant was in possession of fentanyl, which is deadlier than the vaccine and COVID 19. The defendant expressed no objection during the proceedings and stated no medical concerns, and his attorney did not object.”
The 21 year old, Brandon Rutherford, said in an interview that he doesn’t “plan on getting it” and that he doesn’t want to take the vaccine. He said, “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.”
Wagner stated that it is not uncommon for judges to order health treatments for convicted felons. Most notably was an instance in 1993, where some Muslim inmates took part in the longest prison riot in history because they were fearful they would be forced to take the tuberculosis vaccine. Taking the shot would have gone against their religious beliefs.
While the history of requiring inmates and convicts to take vaccinations and other health-related steps is true, the controversial nature of the COVID vaccine makes it a little different, considering that the vaccine still does not have full Food and Drug Administration approval.
Rutherford’s attorney, Carl Lewis, said, “When you hear that, you’re like, ‘Whoa, I don’t think the judges are within their powers to do that. If he truly believes that he’s within authority to order the individual to get a vaccine, then we’ll have a legal issue to address.”
Rutherford says he doesn’t agree with the idea that he could get more jail time for refusing a shot. He said, “It’s not like I’m out here getting into any more trouble or anything like that, but because I don’t take a shot, they can send me to jail. I don’t agree with that.”
Rutherford plans to wait the 60 days and and see if Wagner takes any action regarding the order before filing a motion opposing it.
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Hayley Tschetter is a reporter with The Minnesota Sun | Star News Network. Follow Hayley on Twitter or like her Facebook page. Send news tips to [email protected].
