Trial: Warsaw man admitted to selling meth, disputed location of crime

COSHOCTON − A jury trial took place Thursday for a Warsaw man accused of selling methamphetamine. The defense didn't dispute the transaction, but where it took place.

Tanner L. Marcum, 30, was indicted in April on one count of aggravated trafficking in drugs, a second-degree felony, in connection with an incident on March 24, related to methamphetamine. It carried a specification of taking place within the vicinity of a school.

Marcum was also indicted in July on a charge of aggravated possession of drugs, a second-degree felony, from an incident on March 29. The Coshocton County Prosecutor's Office requested dismissing that charge on Oct. 5 related to issues with a search warrant, according to court documents.

Marcum was indicted in July on one count of aggravated trafficking in drugs, a fourth-degree felony, from an incident on Feb 24 and previously entered a guilty plea to that charge.

The jury found Marcum guilty as charged with three findings. That was the drug involved was methamphetamine, the quantity was more than the bulk amount and the incident did take place within 1,000 feet of a school. The jury deliberated about an hour Friday morning.

Judge Robert Batchelor sentenced Marcum to 7 to 10.5 years in prison with the minimum term mandatory. He was given credit for 135 days of local incarceration and must serve from 18 months to 3 years of post release control.

For the fourth-degree felony, Marcum was given 17 months in prison to be served consecutively with the time in the other case.

During opening statements, Coshocton County Assistant Prosecutor Chrishana Carroll said Marcum sold 7.375 grams of meth to a confidential informant. That's more than three times the bulk amount of 3 grams, but less than five times the bulk amount, or 15 grams.

Carroll said the informant was wearing a wire and the transaction was being monitored by two detectives. The informant met Marcum in a garage. They then went to a store in Warsaw and while coming back the deal took place in the car near Warsaw Elementary School, what is now River View Elementary School.

Witnesses for the prosecution included the informant, the two detectives and a lab technician who analyzed and weighed the drugs. The drugs in question was included in evidence.

Attorney Marie Seiber said they didn't dispute Marcum sold the informant drugs, what they disputed was the location. Seiber said the transaction took place outside the car after they got back to the garage and not near the school. The specification can affect the felony level and prison time to serve.

She said the audio from the wire didn't directly indicate where the actual deal happened, there was no visual and the detectives nor anyone else was in the vehicle to confirm.

Seiber also said Marcum and the informant knew each other and the informant was working under a contract with law enforcement, where he had to have a certain amount of buys in a given timeframe indicted at certain felony levels.

"We're not arguing whether or not he sold drugs. That's a fact out of his own mouth. But, there's no visuals. You can't see where these conversations went on. The detectives involved in this case were not in that car. They could not hear at any point while in the car, 'Here's your drugs. Here's your money.' It's not there," Seiber said.

Prosecutor Ben Hall asked for the maximum amount of time in both cases, 8 years for the second-degree felony and 18 months for the fourth-degree felony. He cited Marcum's criminal history, which included convictions for possession of methamphetamine and possession of drug abuse instruments in 2021 and theft from an elderly person in 2018, both in Muskingum County.

"It was committed in the vicinity of a grade school, which is significant in the state's perspective," Hall said of the crime. "Large amounts of drugs should not be sold, distributed or transported near schools or anywhere for that matter."

However, Batchelor said he couldn't find the incidents represented the worst form of the crimes, warranting maximum sentences. Batchelor said he was having difficulty on the intentions of the state legislature regarding statutes of drug crimes being committed near school buildings.

"The handling of the money for the methamphetamine was at a stop sign, which I don't even know that's in sight of the Warsaw Elementary School. Clearly, it's within 1,000 feet of the school and it's in violation of Ohio law," Batchelor said. "I certainly recognize the state's argument to the defendant's criminal history, but the criminal history doesn't go to the specific facts of the offense here."

This article originally appeared on Coshocton Tribune: Tanner Marcum of Warsaw convicted of selling meth