While there, prosecutors said he bought the oatmeal creme pie from a vending machine and shared it with a fellow inmate who was on restriction and wasn't allowed access to snacks.
Prosecutors in Vinton County have asked Common Pleas Judge Jeffrey Simmons to revoke Caudill's probation and put him in prison for nine months.
Caudill's attorney Claire Ball said that's outrageous. Ball says keeping Caudill out of a state prison would leave cell space for a more serious offender.
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Information from: The Columbus Dispatch, http://www.dispatch.com