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Drug ring suspects appear in court

Some charges dismissed, some held against defendants

It was a mixed bag at a preliminary hearing Friday for seven of the nine defendants accused in the case of a suspected drug crew from Youngstown, Ohio, allegedly operating in Butler.

The state failed to offer sufficient evidence to support some of the underlying charges — specifically, possession with intent to deliver drugs and dealing in proceeds of unlawful activities — against several defendants, District Judge William Fullerton ruled. But conspiracy charges generally were held for trial against those same defendants.

For one defendant, Angel S. Thompson, 25, of Boardman, Ohio, all charges were dismissed. When she got the news from her attorney, a smile broke out across her face.

Only two of the defendants had all of their charges bound over for court.

Butler County Assistant District Attorney Robert Zanella, who prosecuted the case, declined to discuss the outcome following the nearly two-and-a-half hour hearing.

On Monday, District Attorney Richard Goldinger also would not discuss the result, but he said he has not ruled out refiling the charges that were dismissed.

“We're exploring our options,” he said.

The investigation into the alleged drug ring “began through intelligence from confidential informants,” said a state police vice officer, who was the lone witness to testify at the hearing.

The Butler Eagle's policy is to not identify such officers due to the nature of their assignment.

The informants told police that “there was a Youngstown crew, per se, dealing narcotics in the Butler City area,” the officer said. “The crew was set up at different locations and would change locations quickly.”

The investigation, which was launched six to eight weeks ago, appeared to rely heavily on the informants and surveillance by the vice unit and Butler County Drug Task Force.

Surveillance teams targeted two Butler apartments — 410 East Locust St., Apt. 1, and 331 West North St., Apt. 9 — from which the crew was alleged to be operating.

Defendant David W. Robertson Jr., 37, lives at the apartment on East Locust Street, the officer said. Two other defendants, Phillip Hoak, 32, and Katie M. Defonde, 33, live at the apartment on West North Street.

The officer testified that investigators believe the tenant allowed the suspected “crew” to use their apartments to deal drugs in exchange for narcotics.

Police and the task force used informants to set up the purchase of narcotics at the homes to assist in the investigation.

“We conducted controlled drug buys,” the officer said, “from individuals known as 'Skinny' and 'Joe.' ”

The officer said investigators later identified defendant Elijah G. Alexander, 30, of Youngstown as “Skinny” and defendant Bryant L. Battle, 49, of Youngstown as “Joe.”

Surveillance teams during the investigation documented alleged drug activity at both targeted apartments. That information, along with the prior alleged drug buys, would lead authorities to apply for search warrants.

During surveillance around 2 p.m. July 26, the officer testified, investigators saw a Nissan Altima leave the West North Street apartment. Thompson was driving. Riding in the car were Battle and defendants Terrell M. McDowell, 38, of Youngstown and Darrell G. Strowder Jr., 33, of Cleveland Heights, Ohio.

Thompson drove to North Chestnut Street, where the vehicle stopped near another car, a Chevrolet Celebrity.

The officer said Battle got out of the Nissan and removed two bags from the Chevrolet. He returned to the Nissan and allegedly placed the bags in the car, which took off.

Following a traffic stop, officers searched the Nissan and found a gym bag in the trunk. That bag contained a digital scale with suspected cocaine residue, the officer said, and empty glassine bags commonly used to package drugs.

“Mr. Battle informed (police) that the gym bag was his,” the officer testified.

McDowell had $3,360 inside a shoe and an additional $695 in his left pocket, the officer said. Strowder and Battle were carrying $1,295 and $690, respectively.

The officer testified that police also found official funds used in the previous drug buys on Strowder and McDowell. All four occupants in the car were detained.

Later that day, police executed search warrants for both apartments.

At the East Locust Street apartment, the officer testified, police found Robertson inside and defendant Becky J. Zebley, 34, of Ellwood City, his girlfriend, outside. Alexander and Hoak were also in the home.

Seized from the apartment were three baggies of suspected crack totaling 11 grams and a piece of suspected crack in a pill bottle, 3 grams of suspected heroin, 21 stamp bags of suspected heroin, and a small amount of suspected marijuana, the officer said.

Also confiscated were empty stamp bags and sandwich bags, two cellphones and more than $900.

Defonde was alone when police searched her home on West North Street. Drug paraphernalia, the officer said, was found.

Investigators attributed the lack of drugs found during the searches to the alleged dealers having nearly exhausted their supply.

At Friday's hearing, most of the defendants had court-appointed attorneys. Zebley had a public defender, and Strowder and Thompson had private attorneys.

During arguments at the end of testimony, the defense attorneys attacked the prosecution's case and asked for charges to be dismissed for lack of evidence.

Kimberly Hudak, Zebley's attorney, said her client was found with no drugs or drug-buy money, and police found no evidence connecting her to either targeted apartment.

“There is no evidence that my client actually took an active role,” said Kenneth Harris, Defonde's attorney.

Armand Cingolani, Hoak's attorney, said, “There's no evidence that my client conspired with anyone.”

Natalie Snyder, Thompson's attorney, noted that her client, according to testimony, was seen only once during police surveillance, only driving a car.

“She didn't exit the vehicle. She didn't enter either apartment,” Snyder said. “She never did anything.”

Also, Thompson was not found with any drugs or police-buy money, and there was nothing presented that tied her to the alleged drug ring, Snyder said.

Jeffrey Weinberg, Strowder's attorney, said there was no proof that his client sold drugs or conspired with anyone to traffic narcotics.

The prosecution's case, he argued, was “built on assumptions, hopes and dreams.”

Dennis McCurdy, Battle's attorney, asked, “How do I defend a client alleged to have committed actions that there's no testimony to support?”

He noted that police never found Battle with any drugs or police-buy money.

Samir Hadeed, Robertson's attorney, said there was no direct evidence presented that his client allowed his apartment to be used to deal drugs.

“The crux of that (claim),” he said, “is based on what the CI (confidential informant) told the trooper, and what the CI is telling the trooper is really not holding any water.”

County Assistant District Attorney Robert Zanella, who prosecuted the case at the hearing, in rebutting the defense attorneys, pointed to evidence gathered from the informants, and during the surveillance and search warrants.

He also cited the legal theory of “conspiratorial liability” in arguing for the charges.

According to the theory, a conspirator is criminally responsible for all the acts of a co-conspirator that are committed in furtherance of the conspiracy.

A preliminary hearing was held Friday for seven of nine defendants charged in the investigation of an alleged drug-trafficking ring in Butler.All of the defendants initially were charged with felony counts of possession with intent to deliver a controlled substance and 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.At Friday's hearing, District Judge William Fullerton dismissed charges of possession with intent to deliver a controlled substance, dealing in proceeds of unlawful activities and possession of a controlled substance for the following four defendants:- Bryant L. Battle, 49, of Youngstown, Ohio, who remains in Butler County Prison in lieu of $100,000 bail.- Katie M. Defonde, 33, of Butler, who remains in jail in lieu of $50,000 bail.- Darrell G. Strowder Jr., 33, of Cleveland Heights, Ohio, who remains in jail in lieu of $100,000 bail.- Becky J. Zebley, 34, of Ellwood City, who remains in jail in lieu of $50,000 bail.All other charges listed above were held.———No charges were dropped for either of the following two defendants:- Phillip Hoak, 32, of Butler, who remains in jail in lieu of $50,000 bail.- David W. Robertson Jr., 37, of Butler, who is in jail in lieu of $50,000 bail.———All charges were dropped for the following defendant:- Angel S. Thompson, 25, of Boardman, Ohio, who was released from jail, where she was being held in lieu of $50,000 bail.———The preliminary hearing for two other defendants, Elijah G. Alexander, 30, and Terrell M. McDowell, 38, both of Youngstown, Ohio, is scheduled for Aug. 19. Alexander is free on $100,000 bail. McDowell remains in jail in lieu of $100,000 bail.

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