Plea deal fails to materialize for Lima man

·2 min read

Jul. 12—LIMA — A plea change hearing scheduled for Monday in Allen County Common Pleas Court failed to materialize when a Lima man balked at a proposed settlement presented by prosecutors.

Defense Attorney Zach Maisch told Judge Jeffrey Reed that plea negotiations between himself and the Allen County Prosecuting Attorney's Office "have not yet resulted in a resolution" to two criminal cases against his client, Dewayne Wilson-Smith, "but I'm still hoping they will."

Wilson-Smith, 30, is facing seven drug-related counts spread over two separate cases for incidents dating back more than tw0 years. During Monday's court appearance he signed a waiver of his constitutional right to a speedy trial.

The Lima man was indicted by a grand jury in February of 2020 on charges of possession of heroin, a first-degree felony with a specification for the forfeiture of money ($891); trafficking in heroin, a felony of the fourth degree; the aggravated possession of drugs, a felony of the third-degree with the forfeiture of money; and possession of cocaine, a fifth-degree felony with a specification for the forfeiture of money.

The alleged incidents all took place May 2, 2019, according to the indictments.

Four months later the grand jury handed down more charges against Wilson-Smith, including possession of a fentanyl-related compound, a fourth-degree felony with a specification for the forfeiture of money ($936); possession of heroin, a fourth-degree felony with specification for forfeiture of money; and possession of cocaine, a fifth-degree felony with specification for forfeiture of money.

The indictment says all those alleged incidents occurred Feb. 24, 2020.

Maisch in March of 2020 filed a motion to suppress the charges against his client, alleging that law enforcement officials kicked in the door of his residence and "stormed the premises with firearms drawn." Wilson-Smith reportedly was told not to move and to place his hands in the air, clearly creating a situation where the defendant was not free to leave, Maisch alleged, but was questioned without having been properly read his Miranda rights against self-incrimination.

The judge overruled that motion.

A trial date for Wilson-Smith has not yet been set.

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