Lima man found guilty of drug possession

LIMA — A jury in the Allen County Common Pleas Court found a Lima man guilty of drug possession Tuesday.

The jury returned guilty verdicts for Marcus McLellan on aggravated possession of drugs, a second-degree felony; possession of cocaine, a third-degree felony; and possession of heroin, a fourth-degree felony. They also found he possessed between 5 and 50 times the bulk amount of methamphetamine, between 10 and 20 grams of cocaine, and between one and five grams of heroin.

A pre-sentence investigation will be conducted, and Judge Terri Kohlrieser will sentence McLellan on Sept. 26.

In opening statements Monday, Allen County Assistant Prosecutor Colleen Limerick said McLellan was found driving with 1.11 grams of methamphetamine in a tray; 6.97 grams of cocaine in his pocket; and a black bag on the floorboard of the truck with 17.47 grams of methamphetamine in 21 portioned bags; 5.24 grams of cocaine; and 2.75 grams of a mixture of xylazine, cocaine, heroin and fentanyl.

Also on Monday, three Lima police officers testified: Garrett Weekly, Logan Patton and Jacob Mortimer. Weekly, while off duty, noticed McLellan and Trevor King in a parking lot in a truck appearing to be tweaking and nodding off and called it into dispatch.

During the final day of the jury trial, the jury heard testimonies from Kelsey Degen and Tyler Tomlins of the Ohio Bureau of Criminal Investigation and Investigator Aaron Montgomery of the Lima Police Department and the West Central Ohio Crime Task Force.

The forensic scientists from BCI confirmed the amounts and types of drugs found on McLellan and in the bag at his feet, and Montgomery discussed the interview he had with McLellan while a recording of the interview was played where McLellan confirmed he had a tray with drugs and paraphernalia in his lap and he was high.

In closing arguments, McLellan’s attorney, Assistant Public Defender Megan McLean, asked the jury to consider the definition of constructive possession that the prosecutors discussed — meaning two or more people could have possession of an item if not in someone’s direct physical control — and that the drugs found in the bag could have been King’s.

Reach Charlotte Caldwell at 567-242-0451.