A judge in Ohio has ordered a man to get a COVID-19 vaccine as part of his sentence for possession of drugs.
Hamilton County Common Pleas Judge Christopher Wagner ordered a man who pleaded guilty to possession of a fentanyl-related compound to get a COVID-19 vaccine within two months, according to The Associated Press.
The vaccination was one of several conditions the judge imposed in sentencing Brandon Rutherford, 21, to two years of probation.
Wagner told The Cincinnati Enquirer it was the first time he had imposed a vaccination as part of a sentence. He would not say if he intended to do that again.
“We’ll see how this develops,” Wagner told the Enquirer.
Wagner asked Rutherford if he was worried about getting a vaccine. Rutherford answered, “No, not really.”
Wagner then told Rutherford that the vaccine is “a lot safer than fentanyl, which is what you had in your pocket.”
Rutherford said he did not plan on getting the vaccine.
Wagner, in a statement sent to the AP, 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.”
Rutherford’s attorney attorney, Carl Lewis, said he had never heard of a judge issuing such an order.
“If he truly believes that he’s within his authority to order the individual to get a vaccine, then we’ll have some legal issues,” Lewis said.
The Enquirer reported that Wagner was not the only judge in Ohio who has imposed such a sentence.
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