but they can't hide.
Rutter and Spears both have criminal records extending beyond sex crimes.
Rutter, who pleaded guilty to having sex with a 13-year-old girl in 1994, admitted to receiving stolen property - a guitar that he later sold. After a string of parole violations, he served three-and-a-half years in prison for both crimes, minus time served.
The Athens County prosecutor filed complaints yesterday against two convicted sex offenders living near Chauncey Elementary School, asking a judge to force the men to move.
Both Tinker L. Rutter, 32, and Charles E. Spears, 23, live within 1,000 feet of the school - a violation of Ohio law. Prosecutor C. David Warren warned the men last week that unless they reported new addresses to the sheriff's office by Monday, he would ask a judge to remove them by force.
Two other convicted sex offenders found to be living within the 1,000-foot limit moved voluntarily, Warren said.
Multiple telephone calls to a T. Rutter of Chauncey and an Alvira Spears, who shares the same address as Charles Spears, could not be connected yesterday. Sheriff's deputies must serve both men with copies of the complaint before a judge rules on Warren's request.
Deputies couldn't immediately locate Rutter, who called the prosecutor's office last week to say he wouldn't move, Warren said, adding: They can run but they can't hide.
Rutter and Spears both have criminal records extending beyond sex crimes.
Rutter, who pleaded guilty to having sex with a 13-year-old girl in 1994, admitted to receiving stolen property - a guitar that he later sold. After a string of parole violations, he served three-and-a-half years in prison for both crimes, minus time served.
Former Sheriff Vern Castle recalled arresting Rutter at the county fairgrounds, while the convicted sex offender was hanging out with kids. Castle said he's heard people call Rutter Tinkerbell but doesn't know if that's actually his nickname. In one charging document, Rutter's first name is written Tinkey.
Spears became a sex offender after pleading in 2007 to five counts of unlawful sexual conduct with a minor. Four years earlier, police charged Spears with setting fire to a house in Chauncey. He pleaded guilty to aggravated arson and breaking-and-entering, according to court records.
Both men, as Tier II sex offenders, must register twice a year with the sheriff's office. Currently, the sheriff can't tell if a sex offender's home address is closer to a school than allowed by Ohio law.
The county auditor's office, which can run such checks using mapping software, county records and aerial photos, recently gave Warren a list of sex offenders living within 1,000 feet of county schools. The prosecutor, sheriff and auditor are now collaborating to check - and, if necessary, remove - sex offenders living near daycares.
About 200 children attend Chauncey Elementary, entering shortly before 9 a.m. and leaving about 3:30 p.m., said Jackie Allison, an educational aide at the school.
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Dave Hendricks
