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State v. Dilo

Court of Appeals of Ohio, Tenth District

June 14, 2018

State of Ohio, Plaintiff-Appellee,
v.
Michael Dilo, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 14CR-6218

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for appellee.

          Jeremy A. Roth, for appellant.

         Argued:

          Seth L. Gilbert.

          Jeremy A. Roth.

          DECISION

          HORTON, J.

         {¶ 1} Defendant-appellant, Michael Dilo, appeals from the judgment of the Franklin County Court of Common Pleas entered after a jury found him guilty of aggravated possession of drugs, in violation of R.C. 2925.11, and aggravated trafficking in drugs, in violation of R.C. 2925.03. For the reasons set forth below, we affirm.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         {¶ 2} On November 21, 2014, Dilo was indicted on one count of aggravated possession of drugs under R.C. 2925.11 and one count of aggravated trafficking in drugs under R.C. 2925.03 for an offense that occurred on or about April 4, 2014. The indictment also alleged that Dilo had committed one additional count each of aggravated possession and aggravated trafficking for an offense that occurred on April 22, 2014. All counts alleged that the drug involved was methamphetamine and that the amount in question exceeded one hundred times the bulk amount, as defined under R.C. 2925.01. (Nov. 21, 2014 Indictment.)

         {¶ 3} On March 17, 2016, Dilo was indicted in a separate case on one count each of aggravated possession and aggravated trafficking in methamphetamine, in an amount alleged to equal or exceed five times but less than fifty times the bulk amount, for an offense alleged to have occurred on or around May 3, 2014. The indictment also alleged two additional counts, for aggravated possession and aggravated trafficking of methamphetamine in an amount that exceeded one hundred times the bulk amount, for an offense that occurred on May 4, 2014. (Mar. 17, 2016 Indictment in Franklin C.P. No. 16CR-1499.)

         {¶ 4} The cases were consolidated for trial and the prosecution dismissed the first two counts of the November 21, 2014 indictment. The remaining counts were tried before a jury beginning on April 4, 2016. (Apr. 14, 2016 Jgmt.)

         {¶ 5} At trial, Shawn Wade of the Delaware County Sheriffs Office testified first for the prosecution. Deputy Wade was assigned to the Delaware County Drug Task Force and had participated in a two-year investigation into the activities of the DeJarnette drug trafficking organization. The investigation involved utilizing informants to purchase drugs, surveillance, traffic stops, and wiretaps to identify the organization's supply lines and distribution channels. Eventually, the investigation led to Columbus and to Dilo, who appeared on the wiretaps. (Apr. 5, 2016 Tr. at 25-28, 39.)

         {¶ 6} Donald S. Junk of the Columbus Division of Police also testified for the prosecution. Officer Junk was assigned to an investigating narcotics unit and was conducting surveillance of Dilo on the night of April 21, 2016, after receiving information that Dilo was going to be involved in a drug transaction at a residential house in Columbus, Ohio. Based on a picture of Dilo that Junk had received as part of the investigation, he identified Dilo driving a gray Pontiac Grand Am. Dilo drove from a gas station to the house in question, then left and drove to another gas station in Gallipolis, Ohio. There, Dilo met with a white male in his late 20s or early 30s with dark hair in front of the gas station. The man got into Dilo's car and they drove back to the residential house in Columbus, followed by a woman driving a Silver Hyundai. After spending some time there, Dilo and the woman left in the Pontiac and the man left in the Hyundai. They first drove to a BP station on South High Street near I-270 and then proceeded to another gas station one mile away. They then continued south for another eight or ten miles to a Speedway gas station. (Apr. 6, 2016 Tr. at 129-39.)

         {¶ 7} Deputy Wade was receiving reports from surveillance and actively monitoring phone calls and text messages between Dilo and Joseph DeJarnette at the time. He received word that another female had left the residence with the suspects and, at some point during their travels, Dilo and the man were in one car while being followed in the other car by the two females. Based on the calls and texts Wade was monitoring at the time, he believed that Dilo and his companions were transporting "at least two or three pounds." (Apr. 5, 2016 Tr. at 86.) Wade decided to have the car driven by the women stopped in Circleville because he believed that drugs were with them. However, no ...


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