Ohio Judge Orders Man to Get COVID-19 Shot as Part of Probation

A judge in Ohio ordered a man to get a COVID-19 vaccine as one of the conditions of his probation.

Judge Christopher Wagner ordered 21-year-old Brandon Rutherford to decide between the COVID-19 vaccine or jail time. As punishment for being caught with fentanyl, Wagner told the young man that he must get vaccinated within 60 days as a part of his probation.

“I’m just a judge, not a doctor, but I think the vaccine’s a lot safer than fentanyl, which is what you had in your pocket,” said Wagner during the hearing at Hamilton County Court on Wednesday. “You’re going to maintain employment. You’re not going to be around a firearm. I’m going to order you, within the next two months, to get a vaccine and show that to the probation office,” he continued.

If he breaks his probation terms, Rutherford could face up to 18 months in state prison. During the hearing, Rutherford shared his vaccination status, which may have led to the judge’s order, which Rutherford says is unfair.

“Because I don’t take a shot, they can send me to jail? I don’t agree with that,” Rutherford told WCPO. “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 (COVID vaccine) can set me back.” Rutherford told CNN that he’s “not taking the vaccine.”

In a statement, Wagner said it is his duty to “rehabilitate the defendant and protect the community,” according to the WCPO. “Judges make decisions regularly regarding a defendant’s physical and mental health, such as ordering drug, alcohol, and mental health treatment,” said Wagner.

What would y’all do?

Judge Christopher Wagner ordered 21-year-old Brandon Rutherford to decide between the COVID-19 vaccine or jail time. As punishment for being caught with fentanyl, Wagner told the young man that he must get vaccinated within 60 days as a part of his probation.

“I’m just a judge, not a doctor, but I think the vaccine’s a lot safer than fentanyl, which is what you had in your pocket,” said Wagner during the hearing at Hamilton County Court on Wednesday. “You’re going to maintain employment. You’re not going to be around a firearm. I’m going to order you, within the next two months, to get a vaccine and show that to the probation office,” he continued.

If he doesn’t get the shot, Rutherford could face up to 18 months in state prison. During the hearing, Rutherford shared his vaccination status, which may have led to the judge’s order, which Rutherford says is unfair.

“Because I don’t take a shot, they can send me to jail? I don’t agree with that,” Rutherford told WCPO. “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 (COVID vaccine) can set me back.” Rutherford told CNN that he’s “not taking the vaccine.”

In a statement, Wagner said it is his duty to “rehabilitate the defendant and protect the community,” according to the WCPO. “Judges make decisions regularly regarding a defendant’s physical and mental health, such as ordering drug, alcohol, and mental health treatment,” said Wagner.

What would y’all do?