Site last updated: Wednesday, May 27, 2026

Log In

Reset Password
MENU
Butler County's great daily newspaper

Zanella argues 'error of law'

Asst. D.A. wants 4 cases rerouted

A group of lawyers argued Thursday in a Common Pleas courtroom over the correct legal process for several members of a suspected drug crew from Ohio who were arrested in July.

Nine suspects, dubbed the Youngstown Crew, were arrested by state police vice officers with the help of county narcotics detectives.

But by the time the cases made their way through District Judge William Fullerton's court last month, the majority of suspects had several charges dropped, and the case against Angel S. Thompson, 25, of Boardman, Ohio, was dropped.

Five defendants had several charges against them dropped by Fullerton. The other three defendants had their cases held over intact at the Common Pleas level.

But Assistant District Attorney Robert Zanella requested that Judge William Shaffer send four of the altered cases to a different district judge. Four lawyers representing the defendants attended the hearing to argue against Zanella's request.

Zanella argued Thursday that Fullerton “made an error of law” by not allowing all charges in the cases to be held for court.

Unlike a jury trial, prosecutors at the district level do not have to prove beyond a reasonable doubt that a defendant committed a particular crime.

All that is needed is enough evidence to be shown demonstrating that a defendant probably committed a particular crime.

Zanella said he had satisfied that level of proof, and Fullerton should have allowed all of the charges to be held over for trial.

He is asking for the following four defendants to be sent back to a district judge to go through the preliminary process again: Darrell G. Strowder Jr., 33, of Cleveland Heights, Ohio, who remains in jail in lieu of $100,000 bail; Terrell M. McDowell, 38, of Youngstown, Ohio, who is out on a $100,000 bond; Bryant L. Battle, 49, of Youngstown, who remains in Butler County Prison in lieu of $100,000 bail; and Becky J. Zebley, 34, of Ellwood City, who remains in jail in lieu of $50,000 bail.

In one case, Zanella is not seeking a reinstatement.

Katie M. Defonde, 33, of Butler, who remains in jail in lieu of $50,000 bail, will have her case move forward after Fullerton dropped three charges against her. She now faces felonies of conspiracy to manufacture, deliver or possession with the intent to deliver; conspiracy in dealing in proceeds of unlawful activities; and misdemeanors of conspiracy to possessing controlled substances, conspiracy of possession of drug paraphernalia and possession of drug paraphernalia.

All of the defendants initially were charged with felony counts of possession with intent to deliver a controlled substance, dealing in proceeds of unlawful activities and conspiracy to commit each of those crimes.

Additionally, they were charged with misdemeanor counts of possession of a controlled substance and drug paraphernalia and conspiracy to commit each of those crimes.

Over the course of two preliminary hearings in August, five defendants had three to four charges dropped.

“The prosecution says that the judge made an error of law, but that is entirely incorrect,” said J.W. Hernandez-Cuebas, McDowell's lawyer. “They didn't present sufficient facts.”

Public Defender Joseph Smith, Zebley's lawyer, said, “I don't like when this happens — when charges are dropped, but the prosecution still seeks to pursue the case in its original form. We would ask the court not to disturb the rulings of Magistrate Fullerton.”

Another lawyer, Dennis McCurdy, representing Battle, said Fullerton didn't take the decision far enough.

“The evidence is so insufficient that I'm shocked my client even got up here,” he said. “Fullerton took the time to hear all seven cases. Prosecutors wanted Fullerton to allow a case to go through that they weren't ready to present. They want a do-over.”

Jeffrey Weinberg, Strowder's attorney, also stressed the amount of time Fullerton took Aug. 10 during the hearings.

“At the conclusion of the hearings, Magistrate Fullerton retired to his office for 40 minutes to review the cases,” Weinberg said.

“Maybe you just wore him down,” Shaffer quipped.

“I've never seen a more thoughtful review in my life,” Weinberg said.

Shaffer said he would take these arguments under advisement and make a decision later.

If he grants Zanella's request, the four defendants will have their original cases go through the preliminary level again under an unspecified district judge. Zanella is asking that Fullerton not be considered.

The three defendants whose cases passed through the district level without alteration are: Elijah G. Alexander, 30, of Youngstown; and Phillip Hoak, 32, and David W. Robertson Jr., 37, both of whom are from Butler and still in jail in lieu of $50,000 bail.

The network of suspected dealers had been on polices' radars for some time, according to investigators.

Informants apparently first tipped off authorities that the crew was trafficking crack and heroin in the Butler area.

According to police, crew members would typically set up shop at a drug user's home to deal narcotics. Police said two suspected sites of operation included residences in the city at 410 E. Locust St., Apt. 1, and at 331 W. North St., Apt. 9.

On the day of the raids, Alexander was arrested at 410 E. Locust St., and McDowell was arrested in a car that took off from the apartment on West North Street.

The car was observed traveling the wrong way on a one-way street, giving police the chance to stop the vehicle. In the trunk, they found a digital scale with suspected cocaine residue, empty glassine bags commonly used to package drugs, and a small amount of money, police said.

More money was seized when officers searched the occupants in the vehicle.

McDowell had $3,360 inside a shoe and an additional $695 in his left pocket, according to charging documents. Police also noted marked bills used in the previous drug buys among the money in the defendants' possession.

More in Local News

Subscribe to our Daily Newsletter

* indicates required
TODAY'S PHOTOS