By Krystal Smalley
ksmalley@wbcowqel.com
Keith Washington was prepared to see his jury trial through to the end but his breaking point came after the questioning of the State’s final witness.
Washington, the 54-year-old Bucyrus man on trial in Crawford County Common Pleas Court for drug possession and permitting drug abuse, waived his right to the rest of his jury trial just before 4 p.m. Thursday despite sitting through over three hours of opening statements and witness testimony.
In his opening argument, assistant prosecutor Ryan Hoovler stated the investigation into Keith Washington and Robert Baker that began in January culminated in a search warrant at 1203 Monnett Street on April 24. Hoovler added that testimonies from Captain Neil Assenheimer and Detective Tracy Keegan would show that the single-wide trailer at 1203 Monnett Street acted as a flop house where Washington and Baker sold and dealt heroin.
The State’s evidence also hinged upon the relationship between Washington and Christine Stevens and the texts and letters sent between the two.
Washington, Stevens, and brothers Robert and Eric Baker were all arrested as part of a drug raid on April 24. Stevens is currently serving eight months in prison for drug possession after pleading guilty in June. Robert Baker is serving 18 months in prison for possession of heroin and permitting drug abuse. Charges against Eric Baker were dismissed as a part of his brother’s plea agreement.
“The State tells an interesting story. It’s very dramatic, isn’t it?” defense attorney Adam Stone countered in his opening statement.
Though Hoovler alleged that testimony would show Stevens went to the mobile home for heroin, Stone said his client was not waiting anxiously with bindles of heroin for his girlfriend to arrive. Rather, Stone argued, his client was asleep in the back bedroom when Stevens and the police arrived.
“That’s not being an occupier – that’s taking a nap,” Stone pointed out. “It comes down to what Keith Washington knew, what Keith Washington was there for.”
Captain Assenheimer was the first witness called to the stand. He testified that he began an investigation into two people going by the street names RaRa and Keito, later identified as Robert Baker and Washington, when the police department received complaints of drug trafficking and possible prostitution.
Surveillance of the two men began at 821 Cleland Ave. early in the year. After one month, the focus of the investigation shifted to 219 ½ South Sandusky Ave. when Robert Baker and Washington apparently relocated. Less than a month later they moved to 500 East Warren St. Captain Assenheimer applied for a search warrant for the residence but the suspected drug activity stopped. A short time later Robert Baker and Washington set up shop at 1203 Monnett St.
On March 20, Washington filled out an application at the city’s Water Department for a utility turn-on at the Monnett Street residence. Captain Assenheimer obtained the application where he found Washington’s signature listed as the consumer, along with his social security and phone numbers, his previous address, and a deposit.
Captain Assenheimer attempted surveillance on the trailer, though it was not easy in a neighborhood that is leery of police presence despite the amount of calls officers respond to in the area. He stated it was nearly impossible to see the area due to parking and the location of the nearby streets.
“It was just a very frustrating and difficult place to try to put surveillance on,” Assenheimer said.
Captain Assenheimer caught a break, however, when a local resident offered to help the police in their investigation. A camera was installed in the attic of a nearby home on April 15.
For seven days Assenheimer observed the comings and goings of people from 1203 Monnett St. He testified to seeing 30 people dropped off at the residence on April 18, though he ran into some trouble when the trees bloomed and partially blocked the view. A week after setting up the camera, he obtained a search warrant signed by Municipal Court Judge Shane Leuthold.
With a search warrant in hand, Captain Assenheimer hoped to move on the residence as quickly as possible but held off on executing until drug activity picked back up on April 24.
“We needed to move on it before they had a chance to move their business,” Assenheimer said.
During cross examination, Stone pointed out that though the police received information from citizen complaints and confidential informants, Captain Assenheimer never actually saw Washington nor Robert Baker at any of the residences under surveillance until the search warrant was served.
Detective Tracy Keegan was the second witness called to the stand. Keegan, who has 14 years of experience as a detective with the Bucyrus Police Department, assists in search warrants as part of the Crawford County Special Response Team (SRT). Due to Washington’s and Robert Baker’s past record, Keegan explained, the SRT was called in to assist in the “high risk warrant.”
Keegan described the single-wide trailer as a place where people go to buy and use drugs, a residence that is typically known as a flop house. He testified to seeing indicators of a flop house, such as an unkempt location and few everyday possessions.
“They don’t do more than buy drugs, do drugs,” Keegan said.
The SRT entered the trailer from the front door on the no-knock warrant. In the kitchen they found a card table that contained three piles of heroin sitting on a cookie sheet, a fresh baggie with heroin, a razor blade, and playing cards. Officers also found lottery tickets that had been cut up into squares – also known as bindles – which Keegan said are later folded in half with one-tenth of a gram of heroin inside to be sold for an average of $20 each. Eric Baker and a woman were in the kitchen when the team arrived.
“Everything right there at this table,” Keegan said, listing everything in the photos presented as evidence, “it’s ready to be packaged up for sale.”
Lab results later confirmed four items confiscated from the home to be a total of 3.49 grams of heroin.
Detective Keegan stated there was no need for bindles or scales, which was also found at the residence, if the drugs were being used for personal use.
As police continued their sweep of the 12-foot by 60-foot trailer, they found Robert Baker in the living room. Keegan testified that Washington and Stevens were brought out of the back bedroom, where crack pipes, a small amount of marijuana, a cell phone, and Washington’s driver’s license were found. Stevens’ purse, which contained her ID, cell phone, and syringes, was also found. A bag full of roughly 20 syringes was discovered behind the hot water tank.
“There’s not much stuff in that trailer that people would use in day to day life, would you agree?” Hoovler asked.
“I agree,” Keegan said.
On cross examination, Stone wasted no time.
“Who’s closest to the heroin in that house?” he asked Keegan.
“Eric,” Keegan replied.
“And the next closest?”
“Brandy,” Keegan said, referring to the woman in the kitchen.
Stone also inquired if any fingerprints were found on the cookie sheet or the scales, items, Stone pointed out, that were not near his client. Keegan said Washington’s prints were not on the items.
“It was his place. He knew what was happening in his place,” Keegan argued with Stone.
Stone added that Keegan could not testify if Washington was awake or asleep when SRT came through the door, though Keegan said only a minute had passed from when police entered the residence to when Washington and Stevens were brought out of the bedroom.
Captain Assenheimer returned to the stand for a second round of questioning. Though Assenheimer was on the perimeter of the residence during the search warrant, he took Washington’s statement at the police department later that night. Assenheimer stated that Washington, Stevens and the Baker brothers denied knowing anything about the heroin found in the trailer.
Under cross examination, Assenheimer admitted that during the interview Washington said he didn’t know what was happening in the front of the trailer when the raid happened. Washington also said during the recorded interview that he filled out the application for a friend who owed the city too much money.
Stevens was the final witness called by the State and would turn out to be the final witness for the day. The 24-year-old woman testified to being introduced to Washington in February, though they did not enter into a dating relationship until March.
Stevens, who often paused for long periods before answering questions and mostly did so in a subdued voice, admitted she did not want to testify in the case. Despite her reluctance, Stevens attested to writing dozens of letters to Washington, who responded back with just as many, while she has been in prison.
Hoovler set the stage for Stevens’ and Washington’s relationship, getting her to admit that she called Washington “Keito” and he called her “Tina.” The admission would play a pivotal role in allowing a text message conversation and screen shots of that conversation into evidence.
When Stevens said she did not remember having a text message conversation starting at 12:01 a.m. on April 24, Hoovler provided her with printed screen shots of the nearly 24-hour conversation she supposedly shared with Washington. As she flipped through the 22 pages, her cuffed hands limiting her movements, Stevens quietly said the conversation looked familiar.
The messages started out with Washington asking Stevens to come see him at the Monnett Street residence but Stevens said she was “dope sick.” Hoovler, as he led Stevens through the hours-long messaging, continued to ask Stevens what certain phrases, hidden as drug speak, meant. The conversation soon showed that Washington believed Stevens was getting heroin from other men despite him giving the drugs to her for free.
Finally, at 12:41 p.m., Stevens asked Washington to help her get one bag of heroin.
“Keith Washington had the ability to give you some heroin because you asked him if you had a bag for me and he said, ‘yeah, come over and get it,’” Hoovler hammered at Stevens.
The hard questioning did not let up when Stone stepped up to cross examine Stevens.
“He did give you heroin?” Stone asked.
“Yeah,” Stevens replied quietly.
“He did?” Stone asked again in a slightly astonished tone.
“Yeah.”
As Stone absorbed the answer, he asked if she had lied to him the day before when she said Washington didn’t give her heroin.
“It’s safe to say you’re someone who lies,” Stone said, his tone getting sharper each time he addressed Stevens.
“If that’s what you prefer,” Stevens returned in a defensive voice.
“Which one is a lie? Do you want to be around him when he has heroin or don’t you?” Stone asked. “You’re a heroin addict who doesn’t want it for free. You’ll lie when it suits you, won’t you?”
“No,” Stevens denied.
Stone moved on from that line of questioning, instead focusing on Stevens’ care of her five-year-old daughter. When Stone refused to let up, Washington quietly got his attorney’s attention and waved him off any further questioning of Stevens.
Judge Sean Leuthold recessed the trial for what he believed would be a 15 to 30 minute break. During that time, Washington struck a plea deal with the State.
As part of an agreed sentence, he was ordered to spend 10 months in prison for permitting drug abuse, a fifth-degree felony, and 11 months in prison for drug possession, a fourth-degree felony. The sentences will run consecutively to each other for a total of 21 months in prison. He will be credited for time spent in the county jail. Washington was given a mandatory drug fine of $2,500, had his driver’s license suspended for six months, and was ordered to forfeit drug-related property being held to the Bucyrus Police Department.
Washington is also expected to be sentenced in Marion County on a probation violation.
“We’re kind of the same generation,” Leuthold remarked to Washington. “I’m not going to yell at you. In Crawford County, drug dealers and drug users go to prison. It doesn’t matter who you are or where you came from . . . I’ve tried to let the whole world know that’s how it is here.
“I couldn’t help but notice you want a relationship with someone,” Leuthold said. He advised Washington to stay away from drugs if he wanted it to work.
“I think it clearly shows how sometimes you need to take this step and we’ll take this step if we have to,” County Prosecutor Matt Crall said after the trial. “Mr. Hoovler did a very good job; Mr. (Rob) Kidd and myself were helping behind the scenes as well as Captain Assenheimer and Detective Keegan. It’s a team of us all working together and we’re happy to reach a result today.”
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