As the jury gathered Thursday, Sept. 15, for his aggravated assault by vehicle while driving under the influence trial, a Butler man accepted a last-minute plea agreement to a felony charge.

Released on his own recognizance, Tyler J. Barkman, 29, appeared before Butler County Common Pleas Judge Kelley Streib and accepted the agreement, averting a trial scheduled for 9 a.m.

The charge is a second-degree felony and carries a penalty of up to 10 years in prison and fines up to $25,000.

Barkman’s agreement offers a minimum of 15 months in prison, paid restitution to the victim and a fine of $2,500.

Assistant District Attorney Terri Schultz pointed out that Barkman would not be eligible for the Recidivism Risk Reduction Incentive program, which offers shorter sentences to nonviolent offenders who complete recommended programs.

Barkman has a previous felony conviction. He pleaded guilty to felony arson for an incident in 2021.

Streib scheduled Barkman’s sentencing for Oct. 25 and ordered that his bond be modified until then. Barkman was issued a non-monetary bond, including conditions that he report daily with pretrial supervisors and submit to drug testing no less than three times each week.

Streib said the first test would immediately follow adjournment Thursday. She asked whether Barkman would test positive for any substances, and he said he might test positive for THC. He said he had a medical marijuana card.

“If you do not test clean today, you’re going to be put in jail,” Streib said.

Streib said the matter of having a medical reason for the THC could be revisited, if it is the lone drug found in his system.