Violations land man in prison


Judge overrules motion to suppress evidence

By Angela Shepherd - [email protected]



Burton


Hansen


A Mount Orab man previously found guilty of felonies and currently facing newer charges was found to have violated his community control and has been ordered to serve time in prison.

Ryan Matthew Hansen, 23, after testimony in Highland County Common Pleas Court this week, was found to have possessed a firearm, an act that is forbidden when a person is on community control. Additionally, according to court records, Hansen has failed to pay his court costs or pay restitution.

Hansen pled guilty to breaking and entering and theft two years ago. At the time he was placed on three years community control. This week his community control was revoked and he was sentenced to nine months on each of the fifth-degree felonies, for a total of 18 months in prison.

Hansen in 2014 was sentenced to 10 months in prison for fifth-degree felony receiving stolen property. His community control from the older case was stayed during the prison term, but resumed upon his release.

Hansen also faces other charges following an October indictment charging him with second-degree felony engaging in a pattern of corrupt activity, third-degree felony having weapons while under disability, and eight counts of receiving stolen property, which includes seven fourth-degree felonies and one first-degree misdemeanor. The latest case is still pending in the court.

In other hearings, a motion to suppress evidence was overruled in the case of Ryan D. Burton, 32, New Vienna.

Burton is charged with second-degree felony manufacture of drugs, which stems from an incident earlier this year in which, according to a written statement of investigating Hillsboro Police Department officer Brian Butler, a one-pot meth lab was located at an apartment where Burton was, and Burton admitted the meth lab was his.

According to the report, police went there on a tip from a confidential informant about the possibility of a meth lab. The officer stated that he knew the apartment belonged to someone else, but that person was not present when officers arrived, and his involvement with the meth lab was “unclear.”

Butler reported that when officers arrived at the apartment “a strong chemical odor” consistent with cooking meth was noticed. At that point Burton and another occupant were asked to leave the apartment where they stood with an officer while the source of the smell was sought out. It was found to be an active meth lab in a Gatorade bottle, the document says.

Defense attorney Kathryn Hapner argued that Burton’s rights were violated when police conducted a search without a warrant. She also said that even though Burton was a visitor, he “had an expectation of privacy” while at the apartment. As a result, the “evidence obtained should be suppressed.”

Prosecutor Anneka Collins said that with a meth lab and the danger it produces there is “an immediate need” for law enforcement to secure the safety of the public, which is spelled out in the Ohio Revised Code.

Judge Rocky Coss ultimately overruled the motion. The judge noted Burton was at the apartment less than three hours and that didn’t afford him an expectation of privacy. He also said that law enforcement officers “had reasonable belief” that harm could be caused by the presence of a meth lab and, according to the law, could search the premises due to the danger a meth lab poses.

Burton is set to return to the courtroom in December for a final pretrial hearing.

Donte S. Captain, 20, Hillsboro, was continued on community control, but ordered to serve a stint in jail, after admitting to probation violations.

Among the violations filed by his probation officer were that Captain consumed alcohol, which is prohibited not only due to his age, but also by his status of being on community control, and also that he failed to complete recommended treatment.

On Tuesday he was ordered to serve 30 days in the county jail beginning on Wednesday, and to undergo an evaluation and complete any recommended treatment.

Reach Angela Shepherd at 937-393-3456, ext. 1681, or on Twitter @wordyshepherd.

Burton
http://timesgazette.com/wp-content/uploads/2015/11/web1_RyanBurton.jpgBurton

Hansen
http://timesgazette.com/wp-content/uploads/2015/11/web1_RyanHansen1.jpgHansen
Judge overrules motion to suppress evidence

By Angela Shepherd

[email protected]

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