Ohio judge orders man to get COVID vaccine as part of his probation

• An Ohio judge on Friday ordered a man to be vaccinated as part of his probation terms.
• Brandon Rutherford told Fox19 he is not planning to get the shot, despite the order.
• The judge told Insider that it is common for judges to make decisions about the health of defendants.

An Ohio judge ordered a man to be vaccinated against COVID-19 as a condition of his probation on Friday.

Hamilton County Common Pleas Judge Christopher Wagner ordered Brandon Rutherford, whose court records show he was sentenced to two years probation for possession of fentanyl, to be vaccinated within two months following his conviction.

Rutherford told Fox19 that he was not planning to be vaccinated despite Wagner’s order, and that he had told the judge so.

“I don’t understand,” Rutherford told Fox19. “I just know that’s wrong, in my opinion.”

Partial court transcripts provided to Insider show Wagner asked Rutherford during the sentencing hearing if he was vaccinated, to which Rutherford replied that he was not. When Wagner asked if Rutherford was “worried about getting the vaccine” he replied “no, not really”.

Wagner then said he was a judge, not a doctor, and asked Rutherford if he thought the vaccine was safer than fentanyl. Rutherford said he believes the vaccine is safer.

Wagner said in a statement to Insider that judges routinely make decisions related to the physical and mental health of defendants, such as requiring medication and health care.

“This accused was in possession of fentanyl, which is more deadly than the vaccine and COVID-19,” Wagner said in the statement.

Rutherford’s attorney, Carl Lewis, told Fox19 that the judge couldn’t order someone to do something that went against their “personal, philosophical or maybe even religious beliefs” even if they had good intentions. Lewis did not immediately respond to Insider’s request for comment.

Wagner said in his statement that Rutherford and his lawyer had not objected or raised health concerns over the vaccine order. Now that Rutherford is voicing his opposition to the vaccine, Wagner has suggested that another hearing be held to see if Rutherford has a “good reason” for not getting the vaccine.

Rutherford must keep his job for two years and provide proof of vaccination over the next two months as part of his probation, court records show. If he breaches the terms of his probation, he could be sent to jail for 18 months or have his probation extended by three years.

Rutherford plans to wait for the two-month period he has to get the shot and see how the judge reacts before asking for another hearing, Lewis told CNN, adding that this was the first time he had heard of the talk. of a judge ordering vaccination as a condition of probation. .