By Meladi Brewer

DailyAdvocate.com

GREENVILLE — A jury found Jeremiah J. Bayman guilty of possession on Wednesday in the Darke County Court of Common Pleas. Judge Jonathan P. Hein presided.

“It’s not mine, I’m just holding it for someone,” Bayman said.

Bayman, 44, of Lima, was found guilty via jury verdict of one count of aggravated possession of methamphetamine, a felony of the second degree due to being in possession of over five times the bulk amount.

In the opening statements, defense attorney Randall Breadon advised the central problem is the offense occurred 18 months ago in June of 2021. Due to the time it took to form an indictment on the case, there is no video evidence from the night of the incident; therefore, it is one person’s memory against another’s.

“We probably wouldn’t be here if we had the video,” Breadon said. They failed to preserve a critical piece of evidence, so now we’re left with the testimony of a couple people.”

Through the trial, Deputy Colton Magel advised the video needed to be flagged in order to avoid being purged after some time had passed. Video from cruisers and on persons are purged after some time passes to ensure space is readily available. Bayman was not indicted until some time after the suspected drugs were located due to the Sheriff’s Department having to send the evidence to the lab for further testing and confirmation. By the time the State Prosecutor’s Office filed the indictments, the video footage was gone.

Bayman contested that he was in control of the drugs because he was a backseat passenger with two other females. He advised they were the ones to pursue the drugs, as he had been asleep in the back seat. He advised he was found with the drugs on him, but he did not knowingly possess them in order to have control.

“After the gas station, I first recall feeling someone’s hand in my pants, and I thought I was getting fondled with something. I woke up and next thing I knew I was seeing the cop lights,” Bayman said.

He admitted he had been coming off a methamphetamine high from a party the night before and that is why he was sleeping. He said, when you’re on meth, your body becomes numb making it difficult to feel objects as you normally would.

Recalling the account after the K9 alerted for drugs, and Bayman was detained, he advised he had admitted to Deputy Magel that he had a syringe in his pants. He stated “he had to reach down into his underwear to pull the needle out, but did not feel the bag.”

Bayman advised Deputy Magel there was no more on him, and the Deputy advised yes he did. When Bayman lifted up his shirt, he saw “over on the side, in the waistband, there was a bag sticking out of it.”

State Prosecuting Attorney Kelly Ormsby inquired about the bag in Bayman’s pants because he did not understand how he could not feel it. He asked if Bayman had ever gotten sand in his pants at the beach and if he could notice it there. Bayman replied back with “yeah you’re probably right,” and Ormsby stressed for the jury that Bayman can feel sand in his pants but not a “big, hard bag of crunchy crystal meth.”

While recalling the events, Bayman advised the court, Deputy Magel asking him about the crystal like substance that had been found.

“He asked me whose it was, and I made up some story about some random person giving it to me at a gas station because I didn’t know. It appears I was set up or something,” Bayman said.

Bayman claimed the made up story was a coo to not tell on his cousin and her friend stating “he’s not a snitch, and he thought they would take responsibility for it if it was theirs.”

Ormsby also asked Bayman why he had a syringe in his underwear.

“That’s where I keep it. That’s where I keep my drugs,” Bayman said.

Bayman’s contest was not if there were drugs present, but if the drugs were in his control. He advised he had known the two females who were in the car with him wanted to go to Dayton to get drugs, but he himself did not have the funds to buy any. He had fallen asleep in the car, felt someone mess with his pants, and claimed he was set up.

The jury found Bayman guilty of aggravated possession of methamphetamine and found him in possession of 38.33 grams. He was sentenced to a minimum mandatory prison sentence of two years up to three with 244 days jail time credit. He is required to pay the minimum mandatory fine of $7,500; however, Breadon advised he will be filing for indecencies in order to have the fine waived. There is also a restitution of $195. When Bayman is released from incarceration, he will be placed on post release supervision.

To contact Daily Advocate Reporter Meladi Brewer, email [email protected].