By Krystal Smalley
ksmalley@wbcowqel.com
It has been less than four months since Torin Jones sat in Crawford County Common Pleas Court and was judged by a 12-person jury. He’ll get the chance to do so once again in February.
The 44-year-old Bucyrus man beat a fourth-degree felony drug possession charge in September after the prosecution failed to prove beyond a reasonable doubt that Jones possessed 9.825 grams of crack cocaine. He was arrested a month later during a traffic stop on charges of possession of heroin and two counts of possession of a scheduled drug. Jones’ legal woes continued when he was charged with intimidation in December.
Before withdrawing his motion as Jones’ counsel, defense attorney Thomas Nicholson filed a motion to consolidate his drug and intimidation cases. Newly appointed Andrew Motter, however, asked Judge Sean Leuthold to reconsider the consolidation matter.
“The intimidation case doesn’t have direct bearing on the 309 (drug possession) case,” argued Motter, adding that the uncharged co-defendant may be called to testify.
The intimidation charge involved a letter Jones sent to his co-defendant, which was intercepted by jail officials. In the letter, Jones allegedly asked her to say the drugs found during the traffic stop were hers.
“I believe the letter was more akin to a love letter,” contended Motter.
Assistant prosecutor Ryan Hoovler did not see it that way and argued that the two cases were related by the letter.
“It is every way relevant,” Hoovler said.
“The whole crux of the intimidation charge was to coerce her to make a statement. That’s not true,” Motter disputed.
He believed any testimony by the co-defendant if the cases were consolidated may prejudice the jury against his client.
“The prejudice against the defendant is the prejudice that comes with having two charges,” Hoovler said.
After hearing arguments from both sides, Leuthold ruled on the motion.
“It does appear there is a relationship between the cases,” Leuthold said, noting the letter was not so far removed from the original case. He also concluded that the jury would hear from the same witnesses twice if the cases were not consolidated.
Feb. 11 has been set aside for Jones’ jury trial in all cases in which he has been indicted.
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