Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No. 2016
CR 0509 R
PLAINTIFF-APPELLEE: GARY D. BISHOP, RICHLAND COUNTY
PROSECUTOR, JOSEPH C. SNYDER
DEFENDANT-APPELLANT: RANDALL E. FRY
W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Earle
E. Wise, Jr., J. JUDGES.
Defendant-Appellant Paul Edward Heald appeals his conviction
and sentence on May 4, 2017 in the Richland County Court of
AND PROCEDURAL HISTORY
On November 15, 2015, deputies from the Richland County
Sheriff's Department were called to a residence located
in Mansfield, Ohio to investigate a crime involving a gun and
Defendant-Appellant, Paul Edward Heald. J.K., the owner of
the residence, gave the deputies consent to search the home
for the gun.
When the deputies arrived at the residence and knocked on the
door, Heald answered the door and was arrested. The deputies
searched Heald and found $600.36 in cash on his person. The
deputies commenced a search of the home. Deputy Shoemaker and
Deputy Ganzhorn discovered a green leafy substance and a pipe
in a dresser drawer of a bedroom. In the same the dresser
drawer, Deputy Ganzhorn found medical papers and court papers
with Heald's name on it. Heald's last valid
driver's license stated his address was in Painesville,
Ohio. Deputy Shoemaker searched the outside of the residence
and observed a grill against the back of the house. Deputy
Shoemaker opened the grill to look for the reported gun.
Inside the grill, Deputy Shoemaker found a brown plastic bag
with a clear plastic bag inside closed with an orange twisty
tie. Inside the bag were containers containing a green leafy
substance, a wrapped brownie, and five cylindrical objects
that, to Deputy Shoemaker, looked like sidewalk chalk. The
plastic bag and the contents were secured as evidence and
sent to the Ohio Bureau of Criminal Investigation for
BCI analyzed the contents of the brown plastic bag. It was
determined the five cylindrical objects that looked like
sidewalk chalk were made of heroin, acetylfentanyl, and
fentanyl and weighed a total of 297.51 grams. It was
estimated the street value of 297.51 grams of heroin and
fentanyl was $29, 700.00.
In December 2015, Deputy Ganzhorn was granted a search
warrant to obtain a DNA swab from Heald.
After his arrest, Heald was held in jail. During a recorded
phone conversation with J.K. while he was in jail, Heald told
J.K. the police only found the marijuana.
The Mansfield Police Department Crime Lab obtained a DNA
sample from the plastic bag that contained the heroin and
fentanyl. The DNA Analysis Report showed the DNA swab from
Heald matched the major DNA profile on the plastic bag
containing the heroin and fentanyl. The Crime Lab determined
within a reasonable degree of scientific certainty that Heald
was the source of the major DNA profile on the plastic bag.
It was unknown, however, when Heald handled the plastic bag
or how long his DNA was on the plastic bag.
On August 10, 2016, the Richland County Grand Jury indicted
Heald on two counts: Count One, Possession of Heroin, a
first-degree felony in violation of R.C. 2925.11(A) and
(C)(6)(f); and Count Two, Trafficking in Heroin, a
first-degree felony in ...