State v. Thompson

• Decision Date: 15 September 2021
• Docket Number: 19CA3696
• Parties: STATE OF OHIO, Plaintiff-Appellee, v. CARLOS[1] D. THOMPSON, Defendant-Appellant.
• Court: Ohio Court of Appeals

2021-Ohio-3390

STATE OF OHIO, Plaintiff-Appellee, v. CARLOS^[1] D. THOMPSON, Defendant-Appellant.

No. 19CA3696

Court of Appeals of Ohio, Fourth District, Ross

September 15, 2021

CRIMINAL APPEAL FROM COMMON PLEAS COURT

Derek A. Farmer, Gahanna, Ohio, for appellant.

Jeffrey C. Marks, Ross County Prosecuting Attorney, and Pamela C. Wells, Ross County Assistant Prosecuting Attorney Chillicothe, Ohio, for appellee.

DECISION & JUDGMENT ENTRY

PETER B. ABELE, JUDGE

{¶1} This is an appeal from a Ross County Common Pleas Court judgment of conviction and sentence. Carlos D. Thompson defendant below and appellant herein, assigns the following errors for review:

FIRST ASSIGNMENT OF ERROR:

"THE TRIAL COURT ERRORED [SIC] TO THE PREJUDICE OF MR. THOMPSON WHEN IT FAILED TO SUPPRESS ALL EVIDENCE INCLUDING STATEMENTS WHICH RESULTED FROM THE SEARCH OF HIS ARCH STREET RESIDENCE WHERE BOTH THE SEARCH WARRANT AFFIDAVIT AND SEARCH WARRANT ITSELF WERE DEFECTIVE IN THAT THEY DID NOT MEET PARTICULARITY OR PROBABLE CAUSE REQUIREMENTS OF THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION AND ART. I, SECTION 14 OF THE OHIO CONSTITUTION."

SECOND ASSIGNMENT OF ERROR:

"THE TRIAL COURT ERRORED [SIC] TO THE PREJUDICE OF MR. THOMPSON WHEN IT FAILED TO DISCLOSE THE NAMES OF ALLEGED INFORMANTS MENTIONED IN THE SEARCH WARRANT AFFIDAVIT IN VIOLATION OF THE 6^th AND 14^th AMENDMENTS TO THE UNITED STATES' [SIC] CONSTITUTION AND ARTICLE I, SECTION 10 AND 16 OF THE OHIO CONSTITUTION."

THIRD ASSIGNMENT OF ERROR:

"MR. THOMPSON'S CONVICTION WAS MADE AGAINST THE MANIFEST WEIGHT IN VIOLATION OF THE 14^thAMENDMENT TO THE U.S. CONSTITUTION AND ITS OHIO COUNTERPART."

{¶2} On May 16, 2018, Chillicothe Police Detective Derek Wallace applied for a warrant to search appellant's residence. Wallace averred the following in an affidavit attached to the search warrant:

Over the past several months, Detectives with the Chillicothe Police Department have been conducting an investigation involving Carlo D. Thompson. Detectives received information that Carlo Thompson was bringing in drugs into the City of Chillicothe and distributing the drugs to different dealers throughout the City of Chillicothe and Ross County.

Detectives first received information from a reliable confidential informant, who has proved [sic] information in the past that was proven truthful. This CI also was able to make several cases for detectives that lead [sic] to successful prosecuted cases in the Ross County Courts. This CI proved [sic] information to detectives that Carlo Thompson was bringing in drugs from Dayton, Cincinnatti [sic] and Columbus areas, to his home on Arch St. This CI provided information that the CI assisted in helping Carlo Thompson acquire a "Kilo Press" that was delivered to his home by the CI after it was made. The CI advised this was to assist Carlo Thompson in "cutting" his dope and then pressing it back into "Kilos" to distribute. The CI was also able to provide information that Carlo Thompson was using "rental" cars to drive and pick up the dope and bring it back to Chillicothe. The CI also advised they [sic] had purchased drugs from Carlo Thompson in the past but currently owed money to Carlo Thompson from a prior deal. The CI advised Carlo Thompson always has drugs in the home.

Detectives were able to obtain Wire Money Transfer records involving Carlo Thompson, and noticed a large amount of money transfers to different persons in both Dayton and Cincinnatti [sic]. This confirmed the information provided by the CI. Detectives know this is a common way for drug traffickers to transfer money back and fourth [sic].

Detectives were able to speak with another reliable confidential source, who has proved [sic] information in the past that was proven truthful. This CS advised that Carlo Thompson and his wife, Adrian Thompson, just picked up a shipment of Cocaine and Crack, on 05/11/2018. The CS advised that Adrian Thompson traveled to Dayton and meet [sic] with her supplier to pick up the Cocaine and Crack. This CS was able to provide information about a sale that was made on 5/12/18 to a known dealer that was supplied by Carlo and Adrian Thompson. The CS was able to make a phone call to the suspect, who confirmed the purchase of drugs from Carlo and Adrian. The CS advised there is always drugs inside the home and that Carlo and Adrian never go with out [sic] having drugs inside the home. The CS advised Carlo Thompson has a large K9 in the home along with guns.

Detectives noted there is a Black Dodge Magnum that is at the home, that is driven and owned by Adrian and Carlo Thompson. Detectives noticed there is a detached garage at the rear of the home. There is also surveillance cameras around the home. There is also a blue van that belongs to the Thompson's [sic] and has Carlo's painting company emblem on it.

A check of Carlo Thompson CCH found the following: Trafficking in Drugs, Agg [sic] Trafficking in Drugs, Robbery, Kidnapping, Felonious Assault.

{¶3} The affidavit stated that all of the foregoing circumstances gave officers probable cause to believe that a search of appellant's residence would uncover evidence of drug trafficking, drug possession, drug paraphernalia involving cocaine, crack, or any other controlled substance or drug of abuse.

{¶4} A judge granted the application for a search warrant. The search warrant authorized a search for

evidence of the commission of the criminal offenses of Trafficking in Drugs, * * * Possession of Controlled Substances, * * * Drug Paraphernalia Offenses * * * Cocaine and Crack, or any other controlled substance of abuse, * * * including residue thereof; drug abuse instrument * * *; drug paraphernalia * * *; [and] any records, ledgers, or documents, or records of the same representing the proceeds from the commission of such criminal offenses.

{¶5} When executing the search warrant, law enforcement officers discovered cash, heroin, and psilocyn in the master bedroom, along with financial documents and mail bearing appellant's name. Officers also discovered weapons in the basement of the residence.

{¶6} A Ross County Grand Jury subsequently returned an indictment that charged appellant with four felony offenses: (1) possession of heroin in an amount equal to or exceeding one hundred grams, in violation of R.C. 2925.11, with a major drug offender specification;^[2] (2) aggravated possession of drugs (psilocyn), in violation of R.C. 2925.11; and (3) two counts of having weapons while under disability, in violation of R.C. 2923.13.

{¶7} On January 4, 2019, appellant filed a motion to suppress the evidence uncovered during the search of his residence. Appellant contended that (1) the search warrant was overbroad and failed to be sufficiently particularized, (2) the search-warrant affidavit failed to provide a basis of knowledge for the confidential informant and the confidential source, and (3) the affidavit did not provide a time frame for the allegations.

{¶8} On February 27, 2019, the trial court held a hearing to consider appellant's suppression motion. Shortly after the hearing, the trial court overruled appellant's motion.

{¶9} On September 24 and 25, 2019, the trial court held a jury trial. Chillicothe Police Detective Ben Rhoads testified that he searched the master bedroom in appellant's residence and the first item he discovered was a mason jar sitting beside the bed that appeared to have a "dried substance that looked like mushrooms." He suspected the jar contained psychedelic mushrooms. Rhoads also located several documents in the bedroom, such as bank statements, that contained appellant's and his wife's names.

{¶10} Detective Jason Gannon testified that he searched the basement and bedroom and found a small caliber handgun in the basement.

{¶11} Detective Wallace testified that he helped search the master bedroom and inside the bedroom, he found a safe bolted to the floor. Inside the safe, Wallace recovered a black bag that contained (1) clear bags that held a brown, powdery substance, (2) a digital scale, and (3) mail addressed to appellant. Detective Wallace indicated that the safe also contained Ziploc bags and approximately $3, 000 in cash. Wallace stated that, in addition to the items discovered in the safe, he found two more bags of brown powder in a drawer that contained men's underwear. Wallace further explained that while he searched the bedroom, Detective Gannon called him to the basement. Wallace reported that Gannon discovered another safe that contained two handguns and ammunition.

{¶12} Detective Wallace also testified that, during the search of the house, appellant arrived on the scene and "basically said that everything in the house was his." Wallace stated that before appellant's statement, the detective had not informed appellant about the items that the officers had discovered during the search. The detective explained that, after appellant made the statement, the detective advised appellant of his Miranda rights. Afterwards, appellant and the detective spoke. The detective informed appellant that he "had to be more specific than everything is mine." Appellant then stated that "there was * * the bag of heroin, two bags of heroin in his underwear drawer," and cash. The detective asked appellant about the weapons found in the residence, and appellant indicated that appellant's wife "had purchased them for [appellant] as protection."

{¶13} Pamela Farley, a forensic scientist with the Bureau of Criminal Investigation, stated that she tested the items suspected to be controlled substances found in appellant's residence. Farley's testing revealed that the items consisted of (1) 5.8 grams of psilocin, (2) 71.82 grams of heroin and fentanyl, and (3) 37.99 grams of heroin and fentanyl. After Farley's testimony,...