Fleeing and eluding case also resolved

Donald E. White, 55, was recently sentenced to the Ohio Department of Rehabilitation and Corrections for 17 months after violating his community control.

White was originally indicted by the Gallia County Grand Jury in 2010 on five counts of trafficking in drugs and two counts possession of drugs. In 2011, White pleaded guilty in the Gallia County Court of Common Pleas to two counts of trafficking in drugs. The remaining charges were dismissed. White was sentenced to community control.

This month, White pleaded guilty to violating that community control by failing to report law enforcement contact, failing to meet with his community control officer, testing positive for marijuana and alcohol, failing to pay court costs and failing to pay supervisory fees.

White was sentenced to prison for 17 months on each count of trafficking in drugs, ordered to be served concurrently.

Also resolved was a fleeing and eluding case.

Robert Laywell, 20, Bidwell, pleaded guilty to fleeing and eluding and was sentenced to 36 months community control, community service, three years suspended license and ordered to register with Ohio Employment Services.

Ohio State Highway Patrol Trooper Nadi Graham works up a fake leg injury on University of Rio Grande / Rio Grande Community College employee Leslie Rhodes using a moulage kit during Wedneday’s Active Shooter Training.

News Release

RIO GRANDE, Ohio – Bullets rang out, victims were scattered about Wood Hall and law enforcement officers from the Ohio State Highway Patrol, University of Rio Grande Police Department, Rio Grande Police Department, Gallia County Sheriff’s Office and Gallipolis Police Department worked together to control the scene Wednesday at the University of Rio Grande / Rio Grande Community College.

Or so it appeared.

The Bullets? Simunitions. Rounds designed for realistic and non-lethal force-on-force training.

The blood and injuries? Moulage kits. Hollywood-caliber makeup designed for casualty simulation.

The law enforcement officers? Real. Participants in an 8-hour Active Shooter Training put on by Ohio State Highway Patrol’s Special Response Team.

“You can study all the tactical training you want, but until you actually experience it live you just don’t know,” SRT Sergeant Brandon Cruz said. “When the adrenaline is flowing, bullets are flying, you see bodies on the ground and your heart rate goes up, it becomes a totally different experience.

“The main purpose is to give the local law enforcement who would be the first responders the tactics and training we have developed from the best practices nationally,” Cruz continued. “That way they can go back to their departments and train all their people; kind of a train the trainer type of class.”

Thursday’s Active Shooter Training included is one of four free programs the Ohio State Highway Patrol offers on request. They offer a 4-hour Direct to Threat, Building Security Assessment and a Field Training Exercise – an all-encompassing, multi-agency active shooter scenario.

Sgt. Cruz said the training programs first initiated after the 2007 Virginia Tech shooting that resulted in 33 deaths.

Such training is not new for Rio Grande, which has hosted similar exercises in the past.

Ohio State Highway Patrol Trooper Nadi Graham works up a fake neck injury on University of Rio Grande / Rio Grande Community College employee Derek Rhodes using a moulage kit during Wedneday’s Active Shooter Training.

“We’re always concerned about the safety of our students, faculty and staff, and what could happen because of what we’ve seen and read in various publications over the years,” Executive Vice President Paul Harrison said. “Hopefully we will never have an incident, but if we do have an active shooter we will be prepared to handle it properly because of training like this.”

The Active Shooter Training began at 8 a.m. in Bob Evans Farms Hall, where the law enforcement officers took in a PowerPoint presentation regarding tactical training and medical response. The rest of the morning included various classroom-style training sessions.

The afternoon’s activities began with staging at 1 p.m. that included makeup to turn 12 university faculty and staff members into life-like victims. The live scenarios that followed ranged from active shooter engagement in different locations with various obstacles to hostage situations.

“Active Shooter training is something you hope to never need, but you absolutely have to be prepared for any scenario,” URG Police Chief Scott Borden said. “I can’t thank the Ohio State Highway Patrol’s Special Response Team enough. This training was fantastic. These tactics are tried and true from national experts, and it was a first class training from start to finish.”

University of Rio Grande / Rio Grande Community College President Dr. Barbara Gellman-Danley thanks law enforcement officers for their service during an Active Shooter Training hosted by the Ohio State Highway Patrol’s Special Response Team.

News Release

VINTON, Ohio (Huntington Twp.) — A man has been flown to the hospital following a farm tractor accident in Vinton, Ohio.

The Gallia County Sheriff Joe Browning says the accident was reported about 8:10 Wednesday morning at the intersection of Adney Road and Andrews Road.

The Sheriff reports say it appears that Jennings Darrell Marcum, 69, of Vinton, was clearing brush along the side of the road and the tractor rolled over him.

Marcum was conscious when he was flown to St. Mary’s Medical Center in Huntington. Cpl. Jimmy Spears of the GCSO is investigating the incident.

Drive Sober or Get Pulled Over

COLUMBUS – This year, Ohio law enforcement agencies will join thousands of other highway safety partners throughout the nation to take part in the Drive Sober or Get Pulled Over crackdown on impaired driving. The enforcement blitz begins Friday, August 16 and will last through Labor Day.

During the enforcement period, law enforcement partners have planned more than 7,000 enforcement hours and more than 900 hours of saturation patrols around the state.

“Law enforcement partners across the state will be out in full force to ensure people are making the right decisions on our roads,” said Ohio Department of Public Safety Director John Born. “Impaired driving is a serious matter, and the message is clear – drive sober or get pulled over.”

According to provisional data, 494 people died in 453 OVI-related crashes on Ohio’s roads in 2012. Impaired drivers were involved in 44 percent of all fatal traffic crashes.

“We can’t fight the battle against impaired driving on our own – we need your commitment to make our roads safer,” said Colonel Paul A. Pride, Patrol superintendent. “You can contribute to a safer Ohio by actively influencing friends and family to make safe, responsible decisions – like planning ahead to designate a driver and insisting that everyone in the vehicle is buckled up.”

The national Drive Sober or Get Pulled Over crackdown is a program organized by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) and focuses on combining high-visibility enforcement with heightened public awareness through advertising and publicity.

According to reports recently filed with the Gallia County Sheriff’s office:

* A resident of Roush Lane in Cheshire reported a burglary between August 1, 2013 and August 11, 2013.  The burglar reportedly entered the residence by prying open a back door.

* Two residents of Centenary Road in Gallipolis reported items stolen from unlocked vehicles in their driveways sometime between the evening of August 12, 2013 and the morning of August 13, 2013. Reported stolen were a .22 caliber Baretta pistol, a coffee can with change, an iPhone 5 and a Sirius satellite radio.

* A barn located in the area of Ohio 554 and Tycoon Lake was reported broken into between August 8 at 6 p.m. and August 13 at 9:26 a.m.  Reported stolen were a generator, heavy steel cable and scrap metal.

* A resident on Porter Road in Bidwell reported a break-in of a shed between 11 p.m. on August 12 and 5 a.m. on August 13, 2013. Reported stolen were a Murry push mower, a Craftsman weedeater, a Craftsman leaf blower, two floor jacks and miscellaneous hand tools.

Anyone with information can contact the Gallia County Sheriff’s Office Tip Line at (740) 446-6555.

Michael Kirby

Michael Kirby, 25, East Drive, Gallipolis, was indicted by the Gallia County Grand Jury and charged with breaking into a mobile home and an outbuilding on Airport Road in Gallipolis on June 27, 2013.

According to the police report, an officer with the Gallipolis Police Department responded to a call that a witness had seen a white truck at one of the trailers behind the Regency Inn Motel loading appliances and other metal out of the building.  The witness had also reportedly contacted L&L Scrap Metal to warn them of the possible theft.

While the officer was speaking with the witness, L&L Scrap Metal reported the suspect vehicle was at the business. Three were taken into custody.  Charges were filed against Kirby and Burley Geiger, 28, Jackson Pike, Gallipolis.

Kirby pleaded not guilty to the charges and was released on his own recognizance under a $10,000 bond.

Burley Geiger

Geiger was also indicted and charged with two counts breaking and entering and was arraigned in the Gallia County Court of Common Pleas on July 22, 2013. He too pleaded not guilty and was released on his own recognizance under a $10,000 bond.

Kirby was also recently indicted and charged with two counts of possession of heroin. According to the police report filed, on March 8, 2013, two officers with the Gallipolis Police Department were on routine patrol when they performed a traffic stop on a vehicle in the 200 block of Third Avenue.

Upon identification of the occupants, the officers found that Kirby, who was a passenger in the vehicle, was believed to have a current warrant for his arrest out of Meigs County. Another passenger also reportedly had warrants for arrest out of Gallia County.  After asking the occupants of the vehicle to exit, the driver allegedly gave the officers consent to search the vehicle.  During the search, a small zip lock back containing what appeared to be heroin was located, which was later allegedly connected to Kirby during questioning.

Kirby pleaded not guilty to the possession charges in June 2013 and was released on his own recognizance under a $10,000 bond.

Semaki Corfias

GALLIPOLIS – Judge D. Dean Evans overruled a motion filed by Semaki Corfias, 52, to suppress the warrantless search of his Springer Road residence in the illegal manufacture of methamphetamine case currently ongoing against him in the Gallia County Court of Common Pleas.

During the hearing held on July 25, 2013, the State of Ohio, represented by Prosecuting Attorney C. Jeffrey Adkins, argued against the suppression on the grounds that under Ohio Revised Code 2933.33 a warrantless search is permitted in situations where a law enforcement officer has probable cause to believe that the premises in question is being used for the illegal manufacture of methamphetamine, that there is a risk of explosion or fire as a result and that there is an immediate need to protect the lives or property of the officer and any other individuals in the vicinity. Based on the circumstances of the search, Adkins argued the section of the ORC applied to the case.

Defense attorney K. Robert Toy argued on behalf of Corfias that the State has sufficient time to obtain a search warrant and as such, a warrantless search of his residence was illegal.

“In effect, Defendent overlooks the provisions of the statute, indicating that it may be unconstitutional, all the while not raising or challenging it as such,” wrote Judge Evans in his decision filed August 14, 2013.

The deputies involved in the search testified they had gone to the residence for an investigation into the illegal manufacture of methamphetamine as a result of various tips and at the direction of their supervisor.  According to court documents, the deputies testified, upon arrival to Corfias’ residence in September 2012, they observed various precursors for the manufacture of methamphetamine, namely a cheap flashlight containing lithium batteries, a canister of Coleman fuel and a burned down plastic bottle commonly used in a one pot cook of methamphetamine.

The deputies testified they first encountered an individual known to them to be a meth user, who opened the door and summoned Corfias, who reportedly appeared from the basement stairs and sat down on the steps of the exterior door while be interviewed.  At one point, deputies testified that Corfias began shouting to another person in the basement that the “law was there and to come out.”

Deputies testified that Corfias began to reenter the home when it became apparent a search was about to be conducted and had to be restrained.  Two deputies entered the residence and went to the basement where they allegedly located a methamphetamine lab and another person, Michelle Atherton, 40, Chatham Avenue, Gallipolis.

“The Court finds that law enforcement had probable cause to believe that this particular premises was used for the illegal manufacture of methamphetamine together with a risk of fire or explosion and had reasonable grounds to believe that there was an immediate need to protect lives or property of the officers and other individuals,” wrote Judge Evans in his decision. “This has been shown by a totality of the circumstances upon arrival at the premises by these officers as indicated by what they observed upon their arrival, their interviews conducted, the tips, the fact that the defendant did not immediately exit the premises and further that defendant tried to reenter the premises and had to be restrained. As it turns out, the officers discovered, upon entering the premises, there was another individual in the basement in close vicinity of an active meth lab.”

Based on the facts presented in the case that the circumstances do exist allowing for a warrantless search of the premises, Judge Evans overruled the motion.

Corfias’ trial is scheduled for October 28, 2013.

Michelle Atherton

Atherton, who was also charged with illegal manufacture of methamphetamine, pleaded guilty to the charge in February and was sentenced to community control. In April 2013, a warrant was issued for her arrest for absconding supervision.

Ralph Kerwood

A third person, Ralph Kerwood, 29, was also charged with illegal manufacture of methamphetamine and pleaded guilty to a reduced charge of possession of drugs in April 2013. Kerwood also pleaded guilty to attempted burglary in a separate case. He was sentenced to the Ohio Department of Rehabilitation and Corrections for seven months on each charge to be served concurrently.

The Gallia County Sheriff’s Office is investigating a report of a possible kidnapping attempt of a small child in the Merry Road area of Rodney.

According to a release by the Gallia County Sheriff’s Office, the child reported being approached by a black male wearing a gray ball cap. The child reportedly described the vehicle he left in as a black van with a white back and red polka dots.

The event she described to her parents was suspicious and the parents reported it to the GCSO.

According to the Gallia County Sheriff Joe Browning, deputies with the GCSO and troopers with the Ohio State Highway Patrol have been patrolling the area.

No further information was available at press time. Anyone with information should contact the Gallia County Sheriff’s Office at (740) 446-1221.

Oley Angel

A man who was being placed under arrest for allegedly violating a protection order now faces felony tampering charges for allegedly swallowing something during his arrest.

According to the police report, officers with the Gallipolis Police Department responded to a report of a protection order violation by Oley Angel, 42, Spruce Street Extension, on August 9, 2013.  The protection order papers were allegedly served to Angel at 4:29 p.m. and the call of the violation was received at 5:18 p.m.

Following an initial investigation, the officers determined Angel had violated the terms of the protection order, approached him on the porch of a Pine Street residence and informed him he was being placed under arrest.  The officers then reportedly witnessed Angel pull his hand from his pocket and place something in his mouth. Attempts by officers to stop Angel from swallowing the items were unsuccessful. After placing him under arrest and checking his pockets, a white oval pill, later allegedly determined to be hydrocodone, was allegedly found in his pocket.

Angel was indicted by the Gallia County Grand Jury and charged with tampering with evidence. He pleaded not guilty to the charge in the Gallia County Court of Common Pleas on Friday and was released on his own recognizance under a $15,000 bond.

Angel was also charged with misdemeanor violating a protection order and drug abuse in the Gallipolis Municipal Court.

Lawrence Lamm

A man who allegedly told authorities he was borrowing a television from a person he knew, has been indicted by the Gallia County Grand Jury for burglary.

Lawrence Lamm, 21, is being charged with entering a Spruce Street residence on July 10, 2013 while the family he was familiar with was asleep and leaving with a television that had been rented by a member of his family from a local store.

According to the police report, the victim contacted the Gallipolis City Police Department after her daughter woke up to watch television, only to find the television was missing.  A witness reportedly told the victim Lamm had been seen walking around the house around 6 a.m.

Officers with the police department made contact with Lamm at a Chestnut Alley residence, where the television was allegedly located.

Lamm pleaded not guilty to the burglary charge Monday in the Gallia County Court of Common Pleas and was released on his own recognizance under a $20,000 bond and an additional $1,500, 10 percent bond, pending trial.

This month, numerous burglaries, breaking and entering incidents and thefts have been reported to Gallia County 911. Incidents reported since August 9, 2013 include:

*Note: Contains initial information given when call was made. May not contain all information that would appear in a police report, unless indicated in the article, and does not depict all calls received through 911.

To view the recent residential burglary alert release from the Gallia County Sheriff’s Office, click here.

Burglary Reports:

Sailor Road – Reported a morning burglary on August 9, 2013; made entry through the window.

White Oak Road – Reported burglary while asleep on August 9, 2013. Checks reported missing.

Ohio 850, Springfield Township – Reported burglary while asleep. Checks reported missing.

Ward Road, Cheshire Township – Reported daytime burglary through bedroom window on August 11.

Roush Lane, Cheshire Township – Reported attempted burglary.

Bull Run Road, Huntington Township – Reported burglary between 2:30 P.M. AND 5 P.M.  on August 12.

Ohio 775, Perry Township – Reported daytime burglary through a window.

Fifth Avenue, Gallipolis – Reported attempted entry into the home on August 13.

Ohio 325 N., Huntington Township – Reported door and window of residence busted out.

Ohio 554, Cheshire Township – Reported home burglarized during the day. Entry made through kitchen window on Aug. 16.

Cora Mill Road, Perry Township – Burglaries reported at two residences on August 16.

Boggs Road, Harrison Township – Reported burglary on Aug. 18.

Ingalls Road, Clay Township – Reported returning home to find front door standing open on August 18.

Ohio 325, Patriot – Reported burglary on August 20.

Ohio 775, Walnut Township – Reported door kicked in of residence on August 21.

Africa Road, Cheshire – Reported burglary of residence on August 21; xbox reported stolen.

Numerous thefts from vehicles were also reported during that time period:

Centenary Road, Green Township – On August 13, two residents of Centenary Road reported thefts from vehicles.  Items reported stolen included a handgun, change, iPhone and XM radio.

Ohio 554, Morgan Township – Reported theft of items from vehicle on August 13. Another resident also reported a possible attempt at a breaking and entering of an out building in the same area.

Theft of toolbox reported from the back of a truck while in the parking lot of Kmart on August 13.

Centenary Road, Green Township – Reported vehicles broken into overnight on August 14.

Sailor Road, Raccoon Township – Two residents reported thefts from vehicles on August 15.

Mt. Carmel Road, Raccoon Township – Two residents reported thefts from vehicles on August 15.

McCormick Road, Bike Trail – Reported vehicle broken into on August 16.

Cotton Lane – Reported vehicle broken into overnight on August 19.

Porter Road – Two reports of thefts from vehicles. Reported stolen were cell phone charges, a camera and CDs.

Also reported during that time period were:

Ohio 775, Walnut Township – Reported breaking and entering of camper.

Ohio 554, Cheshire – Reported breaking and entering of outbuilding and theft of a chainsaw on August 21.

Eastern Avenue – reported theft of three bicycles from residence

Honeysuckle Drive, Addison Township – Reported theft of an antique “well head”.

Ohio 218, Guyan Township – Reported breaking and entering of outbuilding

Neil Avenue, Gallipolis – Reported weedeaters taken from the front porch on August 20.

Roush Hollow Road, Morgan Township – Reported attempted breaking and entering of outbuilding.

*The following people have active warrants filed with the Gallia County Sheriff’s Office as of the publish date. If you have information on the whereabouts of those listed in the Active Warrant Report, you can contact the GCSO Tip Line at (740) 446-6555 or if the person is located in the city of Gallipolis, call the Gallipolis Police Department at (740) 441-6020.

Note: The Gallia Hometown Herald understands that sometimes citizens may not be aware an arrest warrant has been issued for them. To have your name removed from the active warrant list, turn yourself in to the nearest law enforcement agency to resolve the issue. If your warrant has been resolved and your name has not been removed, contact us and we will verify the information and remove the listing. Those without mugshots available are listed at the bottom of the page.

* (LKA) = Last Known Address

Click on any photo to open gallery.

The following did not have mugshots available, but do have arrest warrants issued.

Kenneth Mannon, 55, who was granted judicial release from prison in 2010 is believed to have absconded supervision. Mannon was sentenced to prison in the Gallia County Court of Common Pleas in 2009 after pleading guilty to attempted possession of drugs.

Brennan Duty, 22, who was granted judicial release from prison in 2012 is believed to have absconded supervision. Duty was sentenced to prison in 2011 after pleading guilty to possession of drugs.

Billijo Christy, 29, LKA E. Bethel Church Road, Gallipolis, failure to appear; charged with driving left of center.

Diana L. Barnette, 52, Letart, W.Va.; failed to appear for court pretrial for driving under suspension charge.

Jeremy W. Barney, 34, Wilkesville, Ohio; failed to appear for pretrial for failure to reinstate charge.

Kara L. Belville, 25, (lka) Bidwell, failed to appear for a show cause hearing on a DUS charge.

Conrad D. Berkley II, 32, (lka) Gallipolis, failed to appear for a show cause hearing on a reckless operation charge.

Crystal D. Blair, 40, (LKA) White Oak Road, Gallipolis, failed to appear for arraignment in Gallipolis Municipal Court on wrongful entrustment of motor vehicle charge.

William R. Blazer, 54, (LKA) N. Park Drive, Pt. Pleasant, W.Va, failed to appear and show proof of valid operator’s license on driving under suspension charge.

News Release

After receiving several anonymous tips and complaints about an indoor marijuana grow, Gallia County Sheriff deputies conducted a “knock and talk” at a Springfield Township residence. Upon talking to the occupants of the residence, the property owner acknowledged that there was a small indoor growing operation.

While making a quick check of the property, another building was located behind the residence that was locked. Upon asking for permission to search that outbuilding, the owner became upset and became aggressive. Upon being advised that he was under arrest he continued to struggle and punched a deputy in the face. After become combative, he was TASED and taken into custody. A search warrant was obtained by deputies for the property.

Deputies allegedly located 20 suspected marijuana plants at the back of the property, which were booby trapped with trip wire and a 12 gauge shotgun shell and a rat trap. Fourteen suspected marijuana plants were allegedly located in the back room of the residence, along with 30 suspected marijuana starter plants. Weapons and two ATV’s were also confiscated.

Charges filed against James M. Williams, 49, include assault and possessing weapons under disability.

Additional charges are pending further consultation with the county prosecutor.

CHESHIRE TWP. – Over $750,000 in cash, 100 lbs of packaged marijuana and guns were seized following a warrant search at a residence on Zuspan Hollow Road along the Gallia-Meigs county line early this morning.  The search was conducted at approximately 2 a.m.

According to a joint release from Gallia County Sheriff Joe Browning and Meigs County Sheriff Keith Wood, two people were arrested as a result of the search, which was conducted under a joint investigation between the two counties.

Dennis Butcher

Tammy Butcher

Dennis C. Butcher is charged with trafficking in marijuana and having a weapon under disability.  His wife Tammy L. Butcher is charged with complicity. Possession charges were also filed.

Both Gallia and Meigs County Sheriffs were on scene with deputies from both offices.

Sheriff Joe Browning commented that the “investigation into drug trafficking in both counties will continue as the tie-in with theft and burglaries is obvious with such high proceeds being located.”

Sheriff Keith Wood of Meigs County stated that “the joint effort between the two Sheriff’s offices is a direct result of information sharing ,  with a common goal of stopping the drug trafficking and thefts in our area.”

Athens – Sheriff Patrick Kelly said on August 25, 2013, Deputy Jen Atkins was investigating a parking complaint at 13141 River Road, Athens. While at the residence Deputy Atkins could smell the odor of marijuana coming from the unattached garage. Deputy Atkins notified her supervisor, Lt. John Morris and a search warrant was obtained.

Detectives Doug Crites and Jim Heater of the Sheriffs Narcotics Enforcement Team were notified and as a result of this search warrant, an indoor marijuana grow, utilizing the hydroponic method was discovered inside the garage.

Thirteen pounds of marijuana along with scales and $6,320.00 cash were allegedly seized.

46 year old Curtis W. Hinds, River Road, and, 40 year old Kari Labello, using a Gallipolis address, were arrested and transported to the Southeastern Ohio Regional Jail.

Hinds is charged with (1) one count of cultivation of marijuana, a felony 3 and (1) one count of trafficking in marijuana, a felony 3.  Labello is charged with (2) counts of complicity (1) cultivation of marijuana and (1) trafficking in marijuana.

A man and woman were arraigned in the Gallia County Court of Common Pleas today on multiple burglary charges involving three different residences in Gallia County.

Jason Roach

Kelly Veazey

Jason Roach, 30, Texas Road, Gallipolis was indicted by the Gallia County Grand Jury on three counts of burglary and four counts of theft.  Kelly D. Veazey, 28, Cypress Court, Pt. Pleasant, W.Va. was indicted by the Gallia County Grand Jury on one count of burglary and one count of theft.

Roach is charged with burglarizing a Buckeye Hills Road home in Thurman on August 29, 2012, an Ohio 325 residence in Bidwell on October 8, 2012 and most recently, a McCully Road residence on July 8, 2013.

According to the reports filed with the Gallia County Sheriff’s Office, Roach allegedly burglarized the Buckeye Hills Road home during the morning hours after the family had left the residence for the day.  When the family arrived home, they reported someone had made entry into the home and removed several items from inside, as well as several boxes of tools and an ATV from the garage.

Trail cam photos allegedly revealed the suspects returning to the scene after the initial burglary.

Roach is charged with three counts of theft from that burglary, namely tools, a laptop, flatscreen t.v., a gun and the ATV.

The Ohio 325 residence was also allegedly burglarized during the day, between the hours of 7 a.m. and 5:08 p.m.  Roach is charged with the burglary of that residence and the theft of a standing jewelry box containing gold and silver jewelry, a lap top and book reader.

The burglary of the McCully Road residence reportedly happened between the hours of 11:40 p.m. and 8:25 a.m.

Veazey is also charged with burglary of the Ohio 325 residence and theft of items from that home.

Roach and Veazey were arrested Sunday on the indictments at a family member’s home on Texas Road.

Both pleaded not guilty to the charges.  Roach was placed on a $50,000, 10 percent bond and an additional $1,500, 10 percent bond pending trial. Veazey was released on her own recognizance under a $20,000 bond and an additional $1,500, 10 percent bond pending trial.

Sheriff Joe Browning said there are charges pending on a third person.

“We are continuing that investigation and we need the public’s help. We’ve had several burglaries and unfortunately, they are very extensive investigations to get the information we need, but it’s out there,” said Browning.

Browning said, during the course of their investigations, it has been found that in most cases multiple burglaries are committed by the same people.

“Most of the time, what you see, are people who are on a drug spree hitting multiple places in a particular area,” said Browning.

Anyone with information on criminal activity in the area can contact the Gallia County Sheriff’s Office tipline at (740) 446-6555.

News Release

GALLIPOLIS/POMEROY–Within the last nine months, the Gallipolis Post of the Ohio State Highway Patrol has investigated multiple crashes involving people operating off road vehicles on public roadways.  Tragically, four deaths have resulted from these illegal actions.

Local Law Enforcement Agencies and the Ohio Department of Transportation are teaming up in an attempt to raise awareness of this dangerous situation.  The following measures are being taken:

• Law enforcement is taking a “Zero Tolerance” stance on violations.  Penalties for the violation may include:

1. A citation for operating an unsafe vehicle upon a roadway.
2. A license suspension for operating an uninsured vehicle on the roadway.
3. Having the vehicle towed from the roadway.

• Law Enforcement is partnering with schools in Gallia and Meigs Counties to promote a safety campaign labeled “Keep the fun on the trails.”  This will include passing out information to the student bodies and a taking photos to be placed on posters along with the safety message.

• Traffic Safety message boards will be placed alongside roadways where the violations are occurring.  The message will read (ATV operation prohibited on roadways).

• Local media will be providing photos and messages documenting the efforts designed to raise public awareness of the ATV crash problem.

• Local pizza businesses have agreed to place safety flyers on pizza boxes to be delivered to patrons.  The flyers will contain photos of off road vehicles and a message asking residents to help law enforcement keep the ATV’s off the roadway.

• The Ohio State Highway Patrol will utilize its Aviation Section to patrol for violations and report incidents to officers on the ground to intercept.

The recent seizure of over $750,000 as part of an alleged marijuana trafficking arrest had many asking the question, “Who gets the money, if it is forfeited?”  The Gallia Herald asked Gallia County Assistant Prosecuting Attorney Eric Mulford to discuss the laws as they pertain to forfeitures of seized property and explain how the process works.

GHH:  In the case of drug related cases, what can be seized for possible forfeiture?

Eric Mulford:  Ohio Revised Code Section 2981.02 states that the following property is subject to forfeiture:

(1)               Contraband involved in an offense;

(2)               Proceeds derived from or through the commission of an offense;

(3)               An instrumentality that is used or intended to be used in the commission or facilitation of any of the following offenses: (a) a felony, (b) a misdemeanor, IF forfeiture is specifically authorized by the statute that was violated, or (c) an attempt, complicity in, or conspiracy to commit one of the above.

My summary of that section:  In drug related cases, the majority of forfeitures are of ‘proceeds’ (usually cash) of a felony drug trafficking offense, or of  ‘instrumentalities’ (usually vehicles) used to commit a felony drug trafficking offense.

GHH: What are the steps for forfeiting property and cash seized?

Eric Mulford:     There are two different ways (criminal and civil) that a forfeiture can be accomplished.

First, the grand jury has the authority to find that certain property, such as cash or vehicles, is proceeds of a felony or was used in the commission of a felony, and to specify on an indictment that the property is subject to forfeiture (ORC 2941.1417).  This is a criminal forfeiture.  In the case of a criminal forfeiture, the defendant has the right to have a trial on the forfeiture specification.  It is a separate but related part of the criminal case and the state’s burden of proof is higher than in a civil forfeiture.  The forfeiture specification would be part of the indictment and the defendant would be advised of it when arraigned on the indictment.

Second, the county prosecuting attorney has the authority to file a lawsuit alleging that property seized by any law enforcement agency in the county is subject to civil forfeiture (ORC 2981.01, et seq.).  In the case of a civil forfeiture, the prosecuting attorney must cause notice of the action to be published in the newspaper and must cause a summons to be served on any person who claimed a legal interest in the property.  A civil forfeiture is different from a criminal (grand jury) forfeiture in that the state’s burden of proof is lower than in a criminal forfeiture, and in that the state is not required to file a criminal charge against the defendant to pursue the forfeiture.  A civil forfeiture is normally used when the state is able to prove by clear and convincing evidence, for example, that a large amount of cash is proceeds of drug trafficking activity, but is not able to prove beyond a reasonable doubt that the defendant is guilty of a specific drug trafficking charge involving a specified amount of a drug on a particular date.  A civil forfeiture may also be used when the property was seized from more than one person or more than one person claims a legal interest in the property.

Both types of forfeiture would be initiated by the investigating law enforcement agency submitting a case file to the prosecuting attorney requesting forfeiture.

GHH: In the case of a joint investigation and seizure, are the proceeds, if forfeited, divided among the agencies?  Is there a specific way this is handled?

Eric Mulford:  The Gallia County Prosecuting Attorney has entered into a written agreement with each law enforcement agency in the county that states that the prosecuting attorney’s office will receive 25% of all forfeitures, and the law enforcement agency that submits the case to the prosecuting attorney will receive the remaining 75%.  In a case such as one where the sheriff submits a case for forfeiture, but his office had assistance from other agencies in their investigation, the sheriff’s office would typically receive 75% of the forfeiture and the sheriff will determine how to distribute that portion.  The sheriff  is the chief law enforcement officer in the county and the prosecuting attorney takes the position that the sheriff is in control of those decisions.  It would be common for each agency that participated in the investigation to receive a portion of the forfeiture.

GHH: What can forfeited cash/property be used for by agencies?

Eric Mulford: How forfeited property or cash can be used is much different for a county prosecuting attorney than for a sheriff’s office or police department.  Each agency must develop its own law enforcement trust fund (LETF) and its own written policy for the use of that fund, but the statute governing the prosecuting attorney and the statute governing the sheriff are different.  Regardless, each agency is required to develop of system for tracking deposits and expenditures, and those must be reported to the Ohio Attorney General annually.

The prosecuting attorney may use the prosecutor’s LETF for virtually anything that the prosecuting attorney, in his sole discretion, determines to be a legitimate law enforcement purpose.  Our policy specifically permits the prosecutor’s LETF to be used for payment of expenses in connection with complex investigations and prosecutions; to be used for training and equipment, including the annual continuing legal education for the prosecuting attorney and assistants; to provide local matching dollars for federal law enforcement grants; and to pay the cost of emergency clean up of meth labs.

The sheriff is much more limited in the use of the sheriff’s LETF and the majority of the sheriff’s expenditures from that fund must relate directly to drug trafficking investigations.  By law, the sheriff is not permitted to use the sheriff’s LETF for salaries or for prisoner housing and transportation issues, two of the biggest monetary issues facing his office.

GHH: Do you have anything to add?

Eric Mulford: Forfeitures are designed to provide economic disincentives to the felon, whether it be a drug trafficker or a thief, by seizing and forfeiting cash proceeds of crime or property used in committing a crime.  In addition, the forfeitures can then be used for some law enforcement purpose in situations when we would otherwise be forced to do without or use tax dollars to accomplish.

According to a statement issued by Gallia County Local Schools Superintendent Pro Tempore Wendy Halley, teacher Kari Labello, 40, who was arrested in Athens Sunday in connection with an alleged marijuana grow operation, has been placed on paid administrative leave as of August 26, 2013.

“Confidentiality requirements prevent me from commenting upon or discussing any allegations of employee misconduct. In the event disciplinary action is taken against an employee by the Board , further information will be disclosed. However, I can say that anytime the district is confronted with allegations relating to the safety and welfare of students, the allegations are taken seriously, thoroughly investigated and measures are taken to ensure that students are safe,” wrote Halley in a statement to the media.

According to the initial release from the Athens County Sheriff’s Office, Labello was arrested at a River Road residence, along with 46-year-old Curtis W. Hinds.  A deputy reportedly was investigating a parking complaint at the residence and noticed a smell of marijuana coming from the unattached garage.  A search warrant was obtained and detectives allegedly discovered an indoor hydroponic marijuana grow inside.

Thirteen pounds of marijuana, along with $6,320, were allegedly seized. Hinds and Labello were arrested and transported to the Southeastern Ohio Regional Jail.

According to court records, both Hinds and Labello were charged with trafficking in marijuana and cultivation of marijuana in the Athens Municipal Court and are scheduled to appear for preliminary hearings on September 4, 2013 at 2 p.m.

The Gallia County Sheriff’s Office, Ohio State Highway Patrol and Ohio Bureau of Criminal Investigation are investigating the death of 58-year-old Wilma Wright of the Chillicothe area, whose body was discovered inside a van parked at the U.S. 35 Rest Area yesterday.  Gallia County 911 received the call at 3:42 p.m. and deputies with the GCSO, troopers with OSHP and Gallia County EMS were dispatched to the scene.

Gallia County Coroner Daniel Whitely pronounced Wright dead at the scene. According to the Gallia County Sheriff Joe Browning, there were no visible signs to indicate what had happened to Wright. Her body was transported to Montgomery County Coroner’s Office for autopsy.