A Hamilton County judge has lifted an order mandating that a man receive the COVID-19 vaccine. In early August, 21-year-old Brandon Rutherford was convicted on a felony drug charge, pleading guilty to possessing the synthetic opioid fentanyl.Hamilton County Common Pleas Judge Christopher Wagner ordered Rutherford to receive the COVID-19 vaccine as a condition of his probation.“This defendant was in possession of fentanyl, which is deadlier than the vaccine and COVID-19,” Wagner's statement said. “The defendant expressed no objection during the proceedings and stated no medical concerns, and his attorney did not object. We will have to see what happens now that the defendant is expressing opposition.”Wagner told Rutherford he presumed he hadn't been vaccinated because he was wearing a mask, which Rutherford confirmed. When asked, Rutherford told the judge he wasn't worried about the vaccine.“I just never went to get it,” he said.But this week, Rutherford contested the mandate and won. Rutherford said whether or not he gets the vaccine is a personal choice, and he feels the judge was trying to make an example of him. Rutherford’s attorney Carl Lewis argued the requirement did not meet the standard for community control. Wagner ultimately reversed his decision, no longer requiring Rutherford to receive the COVID-19 vaccine.
A Hamilton County judge has lifted an order mandating that a man receive the COVID-19 vaccine.
In early August, 21-year-old Brandon Rutherford was convicted on a felony drug charge, pleading guilty to possessing the synthetic opioid fentanyl.
Hamilton County Common Pleas Judge Christopher Wagner ordered Rutherford to receive the COVID-19 vaccine as a condition of his probation.
“This defendant was in possession of fentanyl, which is deadlier than the vaccine and COVID-19,” Wagner's statement said. “The defendant expressed no objection during the proceedings and stated no medical concerns, and his attorney did not object. We will have to see what happens now that the defendant is expressing opposition.”
Wagner told Rutherford he presumed he hadn't been vaccinated because he was wearing a mask, which Rutherford confirmed. When asked, Rutherford told the judge he wasn't worried about the vaccine.
“I just never went to get it,” he said.
But this week, Rutherford contested the mandate and won.
Rutherford said whether or not he gets the vaccine is a personal choice, and he feels the judge was trying to make an example of him.
Rutherford’s attorney Carl Lewis argued the requirement did not meet the standard for community control.
Wagner ultimately reversed his decision, no longer requiring Rutherford to receive the COVID-19 vaccine.
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