A jury found Kyle Smith guilty Tuesday of possession of a fentanyl-related compound, engaging in a pattern of corrupt activity, the illegal manufacture of drugs, aggravated possession of drugs and having weapons under disability.
Charlotte Caldwell | The Lima News
LIMA — A jury found a Lima man guilty of possession of a fentanyl-related compound, engaging in a pattern of corrupt activity, the illegal manufacture of drugs, aggravated possession of drugs and having weapons under disability on Tuesday in the Allen County Common Pleas Court.
The jury also found the prosecution proved all of the specifications included in the indictment, including that the amount of fentanyl seized was between 20 and 50 grams and the amount of methamphetamine was between five and 50 times the bulk amount.
During the second and final day of the trial, Allen County Sheriff’s Deputy Evan Thomas came back to the stand to discuss the interview he had with Kyle Smith in an interrogation room in the sheriff’s office after drug task force and SWAT officers raided Smith’s home. Portions of the interview were played for the jury.
In the interview, Smith said he thought he only had an ounce, or 28 grams, of methamphetamine and a quarter of an ounce, or about 7 grams, of fentanyl. Lab results from the previous day’s testimony showed the drugs found at Smith’s house came to approximately 135 grams of methamphetamine and over 30 grams of fentanyl. However, in the interview he denied routinely selling drugs and said they were mostly for him.
He also said the safe that was found open and unlocked in the room was shared by everyone in the house and the gun was owned by his girlfriend. However, as Allen County Chief Assistant Prosecutor Kyle Thines explained in closing arguments, as part of the having weapons under disability charge, the prosecution didn’t have to prove ownership of the gun, just that the gun was within Smith’s control, or within his immediate physical reach.
Thomas also read aloud some of the texts and Facebook messages from Smith’s main phone showing multiple people asking Smith for drugs and Smith confronting people for not paying him. In one of the texts, Smith mentions “my product” and “how would I have a business when I rip people off” when people questioned him about the weight of drugs they received. Thomas said there was nothing of interest on the other phones seized.
In Thomas’ testimony the day before, he said ledgers, a blender, a pipe, a torch, a scale and U.S. currency were some of the other items found in Smith’s bedroom in addition to the drugs. The items found were shown to the jury in pictures taken by West Central Ohio Crime Task Force members when they did a search of Smith’s residence, and some of the items were in the courtroom as physical evidence.
The other witnesses for the prosecution the previous day included Lima Police Officer Deana Lauck and Ohio Bureau of Criminal Investigation Forensic Scientist Kristin Canfield.
Stephen Chamberlain of the Allen County Public Defender’s Office representing Smith did not make opening and closing statements, did not question any of the prosecution’s witnesses and did not have any evidence or witnesses to present.
