from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee JOHN D. FERRERO, Prosecuting Attorney, By:
KRISTINE W. BEARD Assistant Prosecuting Attorney Appellate
Defendant-Appellant AARON KOVALCHIK.
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. John W. Wise, J.
Defendant-appellant Kristin Lynn Butcher appeals her
convictions on one count of trafficking in heroin, in
violation of R.C. 2925.03(A)(2)(C)(6)(e); one count of
possession of heroin, in violation of R.C.
2925.11(A)(C)(6)(d); and one count of aggravated trafficking
in drugs, in violation of R.C. 2925.03(A)(2)(C)(1)(a) as
entered by the Stark County Court of Common Pleas.
Plaintiff-appellee is the state of Ohio.
OF THE FACTS AND CASE
On January 31, 2016, a SWAT team of the Canton Police
Department executed a search warrant at 705 Fulton Road N.W.,
Canton, Ohio, where Appellant and her boyfriend, Damarcus
Nicholson, lived with their nine month-old child. At the time
the warrant was executed, no one was present in the home.
Inside the home, officers found a press containing drug
residue, a digital scale, vinyl gloves, razor blades,
ammunition, a syringe, and a burnt spoon containing residue.
Officers also found five cell phones and a surveillance
Prior to the issuance of the search warrant and while
surveilling the area surrounding the residence, officers
observed an orange jeep operated by Damarcus Nicholson, whom
the officers learned did not have a valid driver's
During the execution of the search warrant, officers learned
the defendants would be returning to the residence. Officers
then observed an orange jeep driven by Nicholson, with
Appellant as the passenger. The parties' child was in the
backseat. The officers conducted a traffic stop, subsequently
impounding and inventorying the vehicle.
During the inventory search, a yellow Crown Royal bag was
found in the center console, containing a smaller, purple
Crown Royal bag, which, in turn, contained smaller baggies of
suspected heroin; a digital scale, and a pill bottle
containing two bags of a purple substance suspected to be
The parties were placed under arrest. Inside Appellant's
purse, officers found one cell phone and an
oxycodone/acetaminophen tablet. Codefendant Nicholson had two
cell phones and $714 in currency on his person.
The officers learned the car was owned by Enterprise Rental
Car, and rented in the name of Latonia Billings,
Nicholson's mother. Neither Appellant, nor her
codefendant Nicholson were named as authorized drivers of the
Officer Joseph Bays of the Canton Police Department conducted
the investigation, and testified the evidence was found to be
heroin and fentanyl, ...