By Gary Ogle
gogle@wbcowqel.com

The first witness in Friday morning’s suppression hearing involving three defendants barely made it to the witness stand when that hearing quickly evolved into guilty pleas for defendants April Dyer, Gary Poth and Josh Keith.

All three were charged with three counts of drug-related felonies and were sentenced to a combined total of nearly 23 years in prison and $15,000 in fines.

The lengthy prison sentences pleased Bucyrus Police Chief David Koepke whose department arrested all three during a drug bust on June 10 at a house on Maple Street. Poth and Dyer lived in that house. Authorities believe Keith brought heroin to Poth and Dyer in smaller doses on a daily basis.

“It was a very important case to the community. We’re very saddened by the poison being distributed on our streets and causing deaths,” Koepke said.

The chief said he was simply passing on the sentiments of the community and added, “Citizens of Bucyrus are absolutely sick, tired and fed up with drug traffickers and they want it to stop.”

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The cases of the three defendants had been merged into a single trial scheduled for next month. Friday’s proceeding in Crawford County Common Pleas Court was originally scheduled to be a suppression hearing regarding the admissibility of several hours of recorded statements over the issue of the voluntariness of the statement taken, whether Miranda rights were properly given and whether those same Miranda rights were properly waived.

Detective Tracy Keegan of the Bucyrus Police Department had just been called to the stand and was about to answer a question regarding the execution of the search warrant on June 10 when attorney Rolf Whitney, representing Keith, asked to approach the bench.

What followed were lengthy discussions in Judge Sean Leuthold’s chambers between prosecutors and defense attorneys, defense attorneys and their clients, and finally resulted in a change of plea for all three.

The judge and Assistant Prosecutor Ryan Hoovler had both reiterated that previous offers made by the prosecution were “off the table” at the commencement of the suppression hearing.

Police seized cash, drug paraphernalia and “Blue Drop” heroin during the execution of the search warrant in June. Since their arrests, the three have been held in the Crawford County Justice Center on bonds of $1 million each.

Poth’s case was adjudicated first. He also has another case pending in which he is charged for allegedly making threats against Judge Leuthold. Prior to the beginning of the suppression hearing, Poth’s attorney Adam Stone had requested that Leuthold recuse himself from the case even though, Stone acknowledged, there had been no indication Leuthold was prejudiced against his client in any way.

“This court is dedicated to making sure people get a fair trial,” Leuthold said in making his decision to remain on the bench for the drug case against Poth. “I believe I can be fair and impartial in this case.”

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Poth, 33, pleaded guilty to felony four drug possession, felony three drug trafficking, and felony two engaging in a pattern of corrupt activity. He was sentenced to 18 months in prison on the possession charge, 24 months on the trafficking charge and seven years on the corruption charge. The sentences for possession and trafficking are to be served concurrently and the sentence for corruption is to be served consecutively to the other two for a total of nine years.

“I do believe a prison sentence is necessary and I do believe a lengthy prison sentence is necessary,” Leuthold said. “Serious crimes get serious time.”

Dyer, 32, pleaded guilty to the same three charges as Poth. She was sentenced to 11 months in prison on the possession charge, 36 months on the trafficking charge and four years on the corruption charge. The sentences for trafficking and corruption are ordered to be served concurrently and the sentence for possession is to be served consecutively to the other two for a total prison term of four years and 11 months.

Leuthold noted that Dyer’s sentence was lighter than her two co-defendants only because this was her first felony conviction.

“I’m not going to let you get out of taking responsibility for your actions,” the judge said. He concluded with a warning that if she returned to Crawford County after she was released from prison and engaged in the same activities, the results would be the same.

Dyer was represented by Bucyrus attorney John Andrew Motter.

When it came time for Keith, 37, to be sentenced his attorney Rolf Whitney said his client was intelligent and “a pleasure to represent.”

Keith, unlike Dyer and Poth, chose to address the court and apologized to the Bucyrus Police Department, the court and the defendants’ families.

“I’m pleased you have taken responsibility for your actions. However, it’s not been a pleasure to have you in the community,” Leuthold said, noting Keith’s actions had been very hurtful and dangerous.

Keith pleaded guilty to felony three drug possession, felony three drug trafficking, and felony two engaging in a pattern of corrupt activity. He was sentenced to 24 months each on the possession and trafficking charges and seven years on the corruption charge. The sentences for possession and trafficking are to be served concurrently and the sentence for corruption is to be served consecutively to those for a total of nine years.

All three defendants were also fined $5,000 each, had driver’s licenses suspended for six months and were ordered to forfeit all drugs, drug paraphernalia and cash seized at the time of their arrests to the Bucyrus Police Department.

Each defendant will also be subject to three years of mandatory post-release control when they are released from prison.

“I’m definitely pleased with the outcome,” said Crawford County Prosecutor Matt Crall. “This is further proof we do not tolerate people who are willing to bring heroin into our community.”

Crall thanked Bucyrus police officers, members of the Crawford Response Team and those in his office for their work on the case.