The chair to the left of defense attorney Zachary Maisch in Allen County Common Pleas Court was unexpectedly empty Friday morning when Eric Upthegrove, charged with 57 felony drug-related counts, failed to appear.
J Swygart | The Lima News
LIMA —A warrant was issued earlier this week for the arrest of a Lima man already facing 57 felony charges related to trafficking in fentanyl, heroin and marijuana.
According to Allen County Common Pleas Court Judge Terri Kohlrieser, Eric Upthegrove, Jr., 39, was out on bond when on Tuesday he apparently removed a GPS ankle monitoring device that was worn as a condition of that bond.
Upthegrove was scheduled to appear Friday morning for a pre-trial hearing before Kohlrieser on more than four dozen charges, including more than 40 first-degree felonies, most of which are related to fentanyl and heroin possession and trafficking.
His absence was noted by the judge as part of the official record.
Kohlrieser said her office was notified Tuesday morning by SmartStart, the company that provides the ankle monitoring devices, that the monitor worn by Upthegrove had been tampered with. Company officials responded to the East Grant Street residence in Lima where the defendant was to remain and found the ankle monitor had been cut off and wrapped in duct tape.
Upthegrove’s attorney, Zachary Maisch, was contacted by the court and was told that his client was to report to court on Tuesday morning. When Upthegrove did not arrive at the justice center a warrant for his arrest was issued. The defendant’s whereabouts remain unknown. Maisch said his client was aware of Friday’s hearing.
Kohlrieser said the bail bond company that posted the $200,000 to allow Upthegrove to leave jail has also been notified that the bail is to be forfeited.
According to his indictment, Upthegrove is alleged to have possessed and distributed many of the drugs with which he was charged between Sept. 11, 2021 and Sept. 12, 2021. Many of the charges have money and gun forfeiture specifications, as well as firearm and major drug offender specifications.
An April 17 jury trial is still scheduled in the case.
Ronald Hesseling II, 42, and Nicoya Darby, 35, are also charged in the drug ring. Hesseling faces 51 felony counts and Darby is charged with 54 counts. Assistant Allen County Prosecuting Attorney Mariah Cunningham said following Friday morning’s hearing that the current whereabouts of Hesseling and Darby are known to court and law enforcement officials.
