State of Ohio v. Dwight Joseph Elliott Ballard

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Bowling Green, Ohio aggravated possession of drugs criminal defense lawyer represented the Defendant.<br>
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{¶ 2} On October 6, 2022, a grand jury indicted Ballard on one count of aggravated trafficking in drugs, R.C. 2925.03, a first-degree felony, and one count of aggravated possession of drugs, R.C. 2925.11(A), a second-degree felony, both with forfeiture of money specifications. The charges stemmed from a traffic stop on December 30, 2021, where a baggie of unmarked pills and cash were recovered from Ballard's coat pocket. Ballard pleaded not guilty to the charges.<br>
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{¶ 3} On June 12, 2023, a jury trial commenced. Lake Township Police Officer Matthew Mariano testified that on December 30, 2021, at approximately 11:00 p.m., he was on road patrol when he observed a white Jeep with an expired registration sticker. Mariano initiated a traffic stop and smelled the odor of burnt marijuana as he approached the driver's side door. Mariano spoke with Ballard and ascertained that he did not have a valid driver's license. Mariano stated that there were three passengers in the vehicle, including one child.<br>
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{¶ 4} Officer Mariano asked if there were any drugs in the vehicle and Ballard handed him a "roach" or burnt marijuana cigarette. After running Ballard through dispatch, Mariano asked him to exit the vehicle. Ballard was patted down and Mariano pulled a wad of cash, $63 in single bills, and a baggie of 118 multicolored pills from his left jacket pocket. Mariano testified that based on his training and experience the pills appeared to be ecstasy. Ballard initially claimed they were pain medication but then admitted they were ecstasy. Ballard was placed under arrest and transported to the Wood County Jail and the evidence was logged in at the police station. Mariano identified the cash and baggie of pills recovered from Ballard and they were admitted into evidence.<br>
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{¶ 5} Ohio Bureau of Criminal Investigation forensic scientist, Samuel Fortner, testified that 118 multicolored pills weighing 19.43 grams were submitted for testing. He conducted a chemical analysis on 25 of the pills recovered from Ballard and stated that to a reasonable degree of scientific certainty the pills contained methamphetamine and cocaine.[1] Fortner stated that he did not conduct a quantitative analysis to confirm the specific amount of each substance. The July 10, 2022 report containing the findings was admitted into evidence. The State then rested.<br>
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{¶ 6} Ballard presented two witnesses on his behalf. Brandi Toney testified that on December 28, 2021, she, Ballard, and their minor daughter were staying at a hotel in Perrysburg following a robbery at their house. Toney stated that on December 30, 2021, after checking out of the hotel they pulled out of the parking lot and she noticed a police officer make a U-turn and follow them. He pulled over the vehicle with occupants Toney, Ballard, their daughter, and "another male." Ballard had a warrant and was placed under arrest. Toney testified that she had a warrant from a traffic ticket and was also placed under arrest.<br>
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{¶ 7} When asked, Toney stated that she had no knowledge of Ballard ever possessing or distributing methamphetamine, or any illegal substances. She stated that she has been with Ballard for nine years. Toney testified that she was not aware that Ballard had any illegal substances on his person prior to his arrest.<br>

Based on the foregoing, the September 22, 2023 judgment of the Wood County Court of Common Pleas is affirmed. Pursuant to App.R. 24, Ballard is ordered to pay the costs of this appeal.<br>
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Judgment affirmed.<br>
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State v. Ballard, 2024 Ohio 4513, WD-23-048, WD-23-051 (Ohio App. Sep 13, 2024)