By John Estridge
A pickup going too slowly on U.S. 52, Wednesday night, February 3, led to the arrest of two Franklin County males and the confiscation of more than one half ounce of methamphetamine.
Zachary J. Burkhart, 29, was charged with Dealing in Methamphetamine, as a Level 2 Felony, and Possession of Methamphetamine of More than 10 Grams and Less than 28 Grams, as a Level 4 Felony; Cody A. Baker, 26, was charged with Possession of Methamphetamine, Possession of a Narcotic Drug and Possession of a Syringe, all as Level 6 Felonies.
According to an Affidavit of Probable Cause filed by Franklin County Sheriff’s Department Deputy Dusty Hill, he was patrolling Franklin County and was driving westbound on U.S. 52 about 9:50 p.m., Wednesday, February 3. He was in a marked FCSD vehicle. He passed a red Ford pickup traveling in the opposite direction. He noted it was traveling well under the posted speed limit, had a leaky muffler and the license plate light was out.
Hill initiated a traffic stop. While Hill was conducting the traffic stop, he determined the vehicle’s driver was Burkhart and the passenger was Baker. At that time, Laurel Police Department Officer Joey Ailes, along with his K-9, pulled up to the traffic stop.
The K-9 initiated an open-air sniff of the vehicle, and the K-9 indicated the presence of illegal substances on the driver’s side of the vehicle, Hill said.
Hill instructed Burkhart to exit the vehicle. Hill then conducted a safety pat down on Burkhart. According to Hill, he smelled marijuana odor on Burkhart. After Hill advised Burkhart of his Miranda rights, Burkhart said he had just ingested a marijuana cigarette. At that time, Hill told Burkhart to stand beside his vehicle while Hill went to the vehicle’s other side where he asked Baker to step out of the vehicle.
During Baker’s pat down, Hill said he found a hypodermic needle in a pocket of Baker’s. Hill also found a hollowed-out Monster Energy can that contained, among other items, a white crystalline substance believed to be methamphetamine and a brown substance, believed to be heroin. Later, Baker said those items belonged solely to him.
According to Hill, he found a black lockbox in the pickup’s bed. A key for the lockbox was found on the same key ring that held the vehicle’s ignition key. Upon opening the lockbox, Hill said he found six individually wrapped plastic bags containing a white crystalline substance believed to be methamphetamine. He also found two glass pipes containing burnt residue, two sets of digital scales and multiple Ziploc bags.
Burkhart was then put under arrest. During a search of Burkhart, Hill found $585 in various denominations in Burkart’s billfold.
After Burkhart and Baker were transported to the Franklin County Security Center, Burkhart told Hill he had earlier traveled to Dayton, Ohio, where he purchased one ounce – 28 grams – of methamphetamine. And the methamphetamine Hill found in the lock box belonged just to Burkhart, Burkhart said.
If convicted of a Level 2 Felony, Burkhart could receive 10 to 30 years in prison. A Level 4 conviction would result in a prison sentence of between two and 12 years.
According to mycase.in.gov, Burkhart, on June 15, 2011, in Franklin Circuit Court, pleaded guilty to Sexual Misconduct with a Minor and was sentenced to four years in prison with one year suspended.
A Level 6 Felony conviction carries with it a sentence of six months to two-and-a-half years in jail.
According to mycase.in.gov, Baker pleaded guilty, in Franklin Circuit Court 2, to Maintaining a Common Nuisance, as a Level 6 Felony, on July 19, 2018, and was sentenced to 540 days in the Franklin County Security Center with 402 days suspended. On the same date, he also pleaded guilty to Operating a Vehicle while Intoxicated Endangerment, as a class A misdemeanor, and was sentenced to 365 days in the FCSC with 225 days suspended. He was given credit for 69 days served.
On May 23, 2017, Baker pleaded guilty in Franklin Circuit Court 2, to Theft, as a class A misdemeanor, and was sentenced to one year in the FCSC with all time suspended.
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