By Krystal Smalley and Gary Ogle
ksmalley@wbcowqel.com; gogle@wbcowqel.com
Crawford County Common Pleas Court Judge Sean Leuthold ruled on a motion to suppress for the second time this week and, for the second time, he denied a motion.
Defense attorney James Mayer III argued Wednesday afternoon that an affidavit submitted to obtain a GPS search warrant for his client, 47-year-old Eddie Awbrey of Bucyrus, not only violated his privacy, but the evidence in it lacked accountability and reliability.
Only one witness was called for the hearing, Bucyrus Police Captain Joseph Greathouse, who acted as the principal detective investigator on the case. According to Greathouse, Awbrey was a person of interest in drugs and drug trafficking for two to three months before law enforcement obtained a search warrant signed by Municipal Court Judge Shane Leuthold on July 13, 2016. The GPS tracking warrant would allow for a tracker to be placed on Awbrey’s vehicle.
The affidavit contained eight paragraphs of information, which Mayer attempted to discredit. The sources of information in the affidavit came from a variety of subjects, only one which was named. Though the man voluntarily gave up information on Awbrey transporting people for drug deals, Mayer questioned the viability of information from someone who was charged with a crime himself. He also pointed to the number of anonymous tips sent in from a variety of sources and the lack of credibility of such sources.
Assistant prosecutor Ryan Hoovler, however, argued that a GPS search warrant allows law enforcement to get location information from the vehicle in question and defended the numerous anonymous tips.
“There is plenty of information, reliable information,” Hoovler said. “Putting these things together causes each one to be more reliable.”
Mayer, however, pointed to the tipster information as being “a lot of smoke.”
Though Common Pleas Court Judge Leuthold gave a point to Mayer for there not being a lot of names in the affidavit, he showed approval for the wide variety of evidence and the short amount of time the tips were given. He also said that some of the information was backed up by different tips, which lent itself to being more reliable.
“We can’t say there was not a substantial basis proving probable cause existed (for the search warrant),” Leuthold said as he denied the motion to suppress the affidavit.
A trial date has not been set yet. Prior to the motion to suppress hearing, Awbrey turned down an offer from the prosecutor’s office of 12 months in prison for a fifth-degree felony and six months in the county jail for a first-degree misdemeanor. When he goes to trial, Awbrey could face a maximum of nine years in prison – eight years for felony 2 drug possession and 12 months for felony 5 permitting drug abuse.
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Twenty-three-year-old Tyler Sims of Mansfield returned to Crawford County on Wednesday to answer to an allegation of violating his community control. Sims was on community control as a result of a conviction for fifth-degree felony drug possession.
Sims admitted to failing to report as ordered and having positive drug tests on two different occasions. The judge sentenced Sims to 10 months in prison, but told Sims he would sign off on any request for transitional control meaning Sims may spend part of his prison sentence in a halfway house.
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Fifty-three-year-old Walter Gribble Jr., of Shaker Heights, Ohio, pleaded guilty to an amended charge of carrying a concealed weapon, a first-degree misdemeanor. He was sentenced to 180 days in jail, which was suspended, placed on five years of community control, and fined $1,000.
Eighteen-year-old Michael Black of New Washington pleaded guilty to third-degree felony failure to comply charges which carry a maximum prison term of 36 months in prison. However, both the prosecutor and the judge agreed that prison may not be the appropriate sentence for Black. Instead Black was placed on five years of community control and sentenced to 180 days in the county jail.
Black, who hit a tree shortly after pursuit began, was also ordered to pay restitution for the vehicle – an Oldsmobile SUV. Another charge of unlawful use of a motor vehicle was dropped. Black’s driver’s license was suspended for a period of 10 years.
“We’re giving you a chance,” Leuthold told Black. “But if you mess this thing up I’m not going to be very charitable.”
The judge struggled to find the right words to describe the case against 61-year-old Rosalinda Hedrick of Galion. He finally settled on the word “goofy.”
Hedrick was originally charged with the fifth-degree felony charge of illegal cultivation of marijuana. However, Hedrick – who has no previous criminal record of any kind – was permitted to plead to an amended charge of misdemeanor 1 drug abuse. She was fined $500 and placed on community control for one year. The judge warned her she was subject to a 30-day county jail sentence should she not comply with all the terms of community control.