News
Drug Ring Leader Asking For Conviction To Be Dismissed
By: Sarah Hawley | Athens Messenger staff reporter
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A Detroit, Michigan, man serving 17 years in prison as the major drug supplier to an oxycodone ring in Glouster is asking for his conviction to be set aside.
The state is asking for that motion to be dismissed.
Brandon Jorge Allen, 30, was found guilty of 12 felony counts, including engaging in a pattern of corrupt activity, after pleading no contest to the charges last fall.
On May 5, Allen’s attorney Jeffrey Brandt of Covington, Kentucky, filed a petition for a writ of habeas corpus and to vacate or set aside judgement in the case.
In that petition, Allen’s attorney lists two substantive arguments in support of the petition.
Both arguments center around the denial of Allen’s right to ineffective counsel. The first claims that he unknowingly, unintelligently and/or involuntarily entered into a waiver of his right to conflict-free counsel. The second claim is that he unknowingly, unintelligently and/or unintentionally entered into a plea agreement and guilty plea.
In both cases, the defense states that evidence previously not part of the record will show both claims.
According to the petition, Allen was represented by co-counsel Bob Toy who also represented Lacy Nott. According to the filing, Nott would have been a vital witness against Allen, having been involved in a number of recorded phone calls with Allen which allegedly proved his guilt. Toy represented Nott during the time she cooperated against Allen.
The filing also states that Toy was “good friends” with the lead prosecutor in the case.
On Friday, the Athens County Prosecutor’s Office filed a response, asking for the court to throw out the petition.
Athens County Prosecutor Keller Blackburn said Monday that Allen’s petition was more of a filing for post conviction relief and not a writ of habeas corpus.
The prosecution’s response claims that Allen’s motion does not meet the requirements for a writ of habeas corpus. It also states that if the court were to continue under the assumption that Allen is seeking post-conviction relief that the court deny that relief.
In the petition, Brandt does not argue any claims but asks for 42 additional days to submit additional information.
The prosecutor’s office is currently waiting on the judge or magistrate to rule on the request for dismissal.
The charges stem from Allen’s traveling in and out of Ohio to supply drugs and selling the drugs to local people, according to previous Messenger reporting.
Derek Gyure of Spring Street in Glouster was considered the local leader of the ring by investigators and met with Allen frequently. Gyure received a 10-year prison sentence after pleading guilty to charges of engaging in a pattern of corrupt activity, drug trafficking, possession of criminal tools, tampering with evidence, drug possession, having weapons under disability, money laundering, marijuana cultivation, child endangerment and intimidation of attorney, victim or witness.
Allen was indicted in July on the corrupt activity charge along with 10 counts of aggravated trafficking in drugs and one count of aggravated possession of drugs. He was arrested on July 25 at Atlanta’s Hartsfield-Jackson International Airport attempting to board a flight out of the country, according to previous Messenger reporting.
Allen and Gyure were two of many to be sentenced in connection with the ring. John Casey Metcalf, Bert C. Sharrer, Bert Sharrer, Jr., Kendra Sharrer were all convicted with engaging in a pattern of corrupt activity and various other charges after accepting plea agreements.
Bert C. Sharrer was sentenced to 10 years in prison, Metcalf was sentenced to eight years, Kendra Sharrer received three years prison time and Bert Sharrer, Jr., was given community control sentences. Clayton Ohlinger, 33, of Middleport, also pleaded guilty to engaging in an pattern of corrupt activity and was sentenced to four years in prison.
Charles Wachenschwanz, a former Chauncey village marshal and police chief, was the last of the group to take a plea deal and is now serving a 10-year prison sentence. He pleaded guilty in January to all counts of a superseding indictment which charged him with engaging in a pattern of corrupt activity, illegal cultivation of marijuana, endangering children, possessing criminal tools, possessing a defaced firearm, having weapons while under a disability and petty theft.
All were charged after a joint operation was conducted by the Athens County Sheriff’s Office, the Athens Police Department, the Ohio University Police Department and the Athens County Prosecutor’s Office. The operation found that the “pipeline of drugs” extended from Athens to Columbus to Detroit, Michigan. They also found connections in South Carolina and Georgia, according to previous Messenger reporting.