An Ohio judge ordered a man to get a COVID vaccine as a condition of his probation

• An Ohio judge on Friday ordered a man to get vaccinated as part of his probation conditions.
• Brandon Rutherford told Fox19 that he does not plan to get vaccinated, despite the order.
• The judge told Insider that it is common for judges to make decisions regarding defendants' health.

An Ohio judge on Friday ordered a man to get vaccinated against COVID-19 as a condition of his probation.

Hamilton County Common Pleas Court Judge Christopher Wagner ordered Brandon Rutherford, who court records show was sentenced to two years of probation for fentanyl possession, to get a vaccine shot within two months of his sentencing.

Rutherford told Fox19 that he does not plan to get vaccinated despite Wagner's order, and that he told the judge so.

"I ain't getting it," Rutherford told Fox19. "I just know that it's bogus, in my opinion."

Partial court transcripts provided to Insider show Wagner asked Rutherford in the sentencing hearing if he is vaccinated, to which Rutherford replied that he is not. When Wagner asked if Rutherford is "worried about getting the vaccine," he replies, "no, not really."

Wagner then said that he is a judge, not a doctor, and asked Rutherford if he thinks the vaccine is safer than fentanyl. Rutherford said he believes the vaccine is safer.

Wagner said in a statement to Insider that judges regularly make decisions related to defendants' physical and mental health, such as mandating drug and health treatments.

"This defendant was in possession of fentanyl, which is deadlier than the vaccine and COVID-19," Wagner said in the statement.

Rutherford's attorney, Carl Lewis, told Fox19 that the judge couldn't order someone to do something that goes against their "personal, philosophical or maybe even religious beliefs," even if he has good intentions. Lewis didn't immediately respond to Insider's request for comment.

Wagner said in his statement that Rutherford and his attorney did not object to or raise any health concerns in regard to the vaccine order. Now that Rutherford is expressing opposition to the vaccine, Wagner suggested that another hearing be held to see if Rutherford has a "good reason" not to get vaccinated.

Rutherford must maintain employment for two years and provide proof of vaccination in the next two months as part of his probation, court records show. If he breaks the conditions of his probation, he could be sent to prison for 18 months or have his probation extended for three more years.

Rutherford plans to wait out the two-month time period that he has to get the vaccine and see how the judge reacts before requesting another hearing, Lewis told CNN, adding that this is the first he's heard of a judge ordering vaccination as a probation condition.