Pot Dealer Goes Free Over Mistakes Made by Prosecution

This week, the 12th District Court of Appeals overturned the convictions of a Butler County pot dealer because the prosecution had chosen the wrong jurisdiction for initiating action. Justin Baker, 32 of Fairfield will be released, and following the decision cannot be tried again for the same crimes according to the order of the Court of Appeals which vacated his convictions on Monday.

Though Baker ran a multi-county pot ring, the prosecution chose to file the case against him in Warren County, where he did not commit the crimes he was accused of.


While vacating the convictions, appellate Judge Robin Piper observed, "While our decision today resulted in a distasteful outcome, the state made the choice to bring these charges in Warren County despite having at least two clearly established venues and instead chose a venue with no significant nexus to Baker's crimes … while the record demonstrates that Baker blatantly broke the law by growing, possessing and trafficking marijuana, his crimes did not have significant nexus with Warren County, thus venue was not proper here."

In the instant case, the existence of Baker's operations was revealed when an 18-year-old Tyler Pagenstecher was apprehended selling marijuana to his classmates in Mason High School. The only activity tied to Baker in Warren County was the selling of Marijuana by Tyler Pagenstecher. Baker was not directly present, neither his pot growing nor direct selling activities took place in Warren County.

Baker's defense argued that Baker could not be held culpable in the matter because all of his alleged activities and crimes he was accused of took place in Butler and Hamilton counties.

Baker was found guilty by Judge Robert Peeler on multiple counts of drug cultivation, trafficking and engaging in corrupt activity. He was sentenced to eight years in prison.

The appellate court decided to vacate his convictions because the state chose the wrong venue where none of the offenses took place.

The Warren County Prosecutor David Fornshell said his office was reviewing the ruling and considering the possibilities of an appeal to the Ohio Supreme Court.