By Gary Ogle
gogle@wbcowqel.com

Kenan Neal wanted police assistance at his home on Nov. 9 when he and another person were attacked by home invaders. But Neal was not welcoming Crestline police a day later when they came back with a search warrant and on Thursday told the court as much in a suppression hearing.

Once the victim and now the defendant, Neal and his attorney Jerry Thompson presented arguments before visiting Judge David Faulkner to nullify the search warrant and throw out evidence from it on charges of felony one drug possession. When police executed the search warrant they seized cash, weapons taken from a burglary in Bucyrus and a large amount of crack cocaine.

Three witnesses were called, the first being Officer Jeremy Moon who was a member of the Crestline Police Department last November but now works for the Ontario Police Department.

Moon testified that he had been investigating Neal for more than two years because of tips and complaints registered by neighbors and concerned citizens. Police Chief Joseph Butler had turned down Moon’s previous request for a search warrant of Neal’s residence before approving the one in November.

Moon’s search warrant signed by Judge Sean Leuthold used for probable cause a statement by Toi Pickens who was arrested and subsequently convicted for the home invasion at Neal’s residence at 207 N. Henry St. Pickens, under questioning from Officer Scott Eshelman,, said he and another individual went to Neal’s house with the intention of taking cocaine and cash they believed he had there. Pickens also said he and his partner went to Neal’s home armed and he took another handgun from Neal in a struggle.

A subsequent check of the handguns showed one of them to have been stolen in Bucyrus in a case being investigated by Bucyrus police. In addition to the weapons, a large amount of crack cocaine and approximately $10,000 in cash recovered at Neal’s residence, police also recovered a cell phone and surveillance equipment.

Eshelman also testified, basically corroborating what Moon had said on the stand, but added that Pickens was high at the time of his arrest and identified his partner that evening by the last name of Black and a nickname of Blue.

Eshelman also said that Neal, when questioned by police as a victim the night of the invasion, identified Picken’s partner by those names. Pickens was captured a short distance from the scene with weapons.

Pickens, was the third to testify and was called as the lone defense witness in Thursday’s proceeding. He is serving a 10-year sentence for first-degree aggravated robbery for the incident. He was sentenced Feb. 24 after pleading guilty to the charge.

Pickens indicated he was high the night of the invasion and still under the influence of heroin and cocaine the next day when questioned by Eshelman and another Crestline police officer. Pickens said he and his partner both carried .9 mm guns into Neal’s residence and he took a .357 magnum hand gun from Neal during a struggle. It was that .357 hand gun that was determined to have been stolen in a Bucyrus burglary.

He confirmed that his partner believed Neal was in possession of drugs and a large amount of cash which was the reason they went to that house. Pickens refused to identify his partner by name when asked by Thompson as part of his direct examination.

Pickens has an extensive criminal record involving drugs and firearms.

Thompson’s closing argument Thursday was that the warrant was based on hearsay information from an unreliable source and therefore the warrant should be nullified and evidence resulting from the execution of the warrant should not be admissible at Neal’s trial.

Assistant Prosecutor Ryan Hoovler countered that the issue of hearsay information does not nullify the validity of the search warrant and Crestline police acted in good faith when it was executed.

Judge Faulkner took the matter under advisement and indicated he would issue a ruling at a later date, although he did not specify a deadline for that decision. The case against Neal is scheduled to go to trial May 19 and 20.