Prosecutor Press Releases

When you are on probation, arrested for a probation violation and transported to jail, it’s probably best not to try to sneak drugs into the correctional facility. 

Keith David McCoy discovered the wisdom of this after being sentenced to eighteen months in prison after he was caught smuggling a baggie of suboxone into the Tri-County Regional Jail.   McCoy (37) of Richwood was on probation for a period of 5-years for a 2017 conviction for the crime of theft from a person in a protected class and forgery when he stole over $17,000 from his grandmother.  

Following his conviction, McCoy was placed in drug court and was in and out of jail after several community control violations, ultimately doing a stint in West Central Community Correction Facility.  Before the termination of his community control by the court, McCoy was arrested for a community control violation in February of 2022 and taken to jail by probation officers.  There he was searched by jail staff and found to have a plastic baggie with suboxone hidden in his sock. McCoy attempted to convince officers the baggie contained a band-aid. Forensic testing by BCI showed the substance was, in fact, drugs. 

McCoy was indicted by the Union County Grand Jury and charged with Illegal Conveyance of Drugs, a felony of the third degree and misdemeanor possession.   He pleaded guilty to the charges in May of 2023.  On, July 5, McCoy was sentenced by Judge Mark O’Connor to a term of 18 months in prison for the conveyance of drugs into Tri-County.  McCoy was sentenced to an additional 180-day jail term for drug possession which, by law, must be served concurrently with the prison term. 

Many offenders in jail have a substance abuse disorder. Transporting drugs of any kind into a prison or jail not only affects security, safety and order of the facility but can also adversely affect detainees whose addiction was a driving factor behind their incarceration. It is a serious crime, and one which we do not take lightly. 

Drug dealers often hide their illicit product in unusual places –  body cavities, hidden compartments, cigarette packs or, in the case of Karen Morgan and her alleged accomplice, a child’s diaper. 

Morgan (58) of Red Pine Drive in Marysville sold cocaine to a confidential informant working for the M.A.D.E. drug task force which Morgan purchased from her accomplice.  When Morgan got the drugs from her source, not only was his child in the car, but the cocaine was handed over wrapped in the child’s diaper while the child sat in the car with the accomplice during the drug sale. 

Detectives working with the task force developed intelligence information that Morgan was dealing drugs and the identity of her alleged supplier.  Detectives surveilled the two using both electronic and human means, observing the sale of cocaine from the accomplice to Morgan and Morgan to the CI for $1,600.  The cocaine weighed nearly 28 grams (approximately 1 ounce).  The sale of 20 grams or more of cocaine is a felony of the first degree, carrying a mandatory prison sentence. 

Detectives arranged a second controlled buy from Morgan for an “8-ball” (3.5 grams) of cocaine for $300.   Task force detectives again surveilled the transaction from Morgan’s accomplice to Morgan and to the CI.  

In separate case, Morgan was charged with trespass, burglary and theft for stealing over $550 in merchandise from Wal-Mart  with a different alleged accomplice.  Morgan had been given a trespass notice by Wal-Mart barring her from any Wal-Mart property and so was charged with a felony burglary charge.  Her accomplice was charged with a misdemeanor count of theft. 

Morgan was indicted by the Union County Grand Jury for her theft related crimes and two counts of trafficking in cocaine for her drug crimes.  She pleaded guilty to each indictment. 

Judge Don Fraser sentenced Morgan to an indefinite prison term of six to nine years for her drug trafficking offenses and a consecutive term of two to three years for the crime of burglary. Charges against her alleged drug accomplice are pending. 

Brian Frey (54) of Bellefontaine pleaded guilty to a 17-count information today in the Union County Court of Common Pleas relating to unwanted sexual contact with male patients.

Frey was a licensed practical nurse working at the Scotts Miracle Gro Corporation’s Wellness Center as an employee of Premise Healthcare.  Premise Healthcare was a contracted provider for Scotts at the employee health center.  Compliance agents from the Ohio Board of Nursing (OBN) notified the Marysville Division of Police in 2022 after allegations of inappropriate behavior were reported by a patient treated by Frey. 

 After the complaint was submitted to OBN, investigative agents learned that Frey may have also acted inappropriately towards other patients. 

Allegations against Frey involved testicular examinations on male patients including juveniles. Frey was neither trained nor qualified to perform these exams which were outside the scope of practice as an LPN. 

Nursing Board agents presented their findings at a meeting held at the Union County Prosecutors Office in July of 2022.   Prosecutor David Phillips, Asst. Prosecutor Andrew Bigler, Marysville Division of Police Chief Tony Brooks, Capt. Nate Sachs and Det. Dennis Flanagan were in attendance and determined there was sufficient evidence to initiate a criminal investigation into Frey's actions. Frey was terminated by Premier shortly after learning of the investigation. 

With the full cooperation of Scotts Miracle Gro and Premise, additional victims were identified by detectives. To assist in the investigation, Scotts released a video to employees detailing the investigation and employees were instructed to contact Marysville Police if they had concerns about Frey’s treatment.  

Following the initiation of the criminal investigation Frey surrendered his nursing license to the Board. 

Under the guise of performing a required medical examination to either get or keep employment, or participate in sports, Brian Frey sexually assaulted 17 victims while employed as a licensed practical nurse by performing unneeded testicular examinations.  As an LPN, Frey was not qualified to perform these examinations.  Other victims were identified but, because of the passage of time or evidentiary issues, charges could not be brought. 

Victims reported Frey made inappropriate comments inquiring about their sex lives and texting patients after accessing their medical records for cell phone information.  Investigators found Frey was disciplined in 2011 by his then employer Take Care Health Systems for examining a patient who came to the clinic with a wrist injury.  Frey claimed the exam was “for patient education.” Frey was placed on paid administrative leave by Take Care Health Systems, and instructed not to perform testicular exams which were outside the scope of his nursing license.

"Despite this discipline in 2011, Frey continued his behavior deceiving patients into believing these exams were required to be done by him,” said David Phillips, Union County Prosecuting Attorney, “when, in fact, Frey used his position as a nursing professional to grope his patient’s genitals for his own sexual gratification.  Frey’s actions were abhorrent.  Frey sexually assaulted numerous victims under the guise of a required employment or sports physical.   If the men did not submit to the exam, they believed they could not obtain or keep employment or be able to participate in sports.” 

 Following completion of the criminal investigation, prosecutors met with Frey’s attorney.   Frey agreed to plead guilty to 16 gross sexual imposition felonies and one misdemeanor charge of sexual imposition. 

 Sentencing is set for August 10, 2023, at 10 a.m.

                (Photo: TriCounty Regional Jail) 

The crimes came to light after the girl revealed to her grandmother what had occurred.  The grandmother called the Union County Sheriff’s Office to report the allegations. The victim was seen by a doctor at Nationwide Childrens Hospital’s Child Assessment Center after disclosing details of the crimes to a social worker at the Center. 

Detective Kevin Rigano was assigned to investigate the case and Wolfe was indicted by the Grand Jury in September of 2022.  

The jury of ten men and two women heard testimony from the doctor, social worker, law enforcement, members of the victim’s family, and the victim during the trial.  The defendant testified, denying the allegations, along with members of his family who testified on his behalf. 

Following the jury’s verdict, Judge Don Fraser ordered Wolfe’s bond revoked and that he be held pending sentencing.  Sentencing will be set following a pre-sentence investigation.  

“Swatting” is a societal phenomenon that seems to be of fairly recent origin.  It involves making a “prank” call to law enforcement falsely reporting that a dire incident is occurring at a particular address.  The false report will provide details that would call for an armed response by police: “I’m going to kill myself and my family”, or “My husband has a gun and wants to hurt me”, or “There’s a man waving a gun.”  Upon receiving such a report, it would be natural for the police to respond in force, often in tactical gear (thus the term “SWAT”).  But the call was a vicious prank, and the victim is the homeowner or occupant of the address, who is suddenly accosted by the police, often at gunpoint, until the situation is sorted out.

 Some incidents have involved targeting a media or political personality, thereby suggesting that the offender was motivated by an ideological animus. For example:

 Podcaster Tim Pool was raided by officers while on the air Thursday in what turned out to be a swatting incident.

 Officers raided Pool’s home during a live taping of his podcast after an anonymous source reported people had been shot and killed at Pool’s house in Maryland. Several officers responded to investigate what turned out to be a swatting incident, defined by the Washington County Sheriff’s Office as “a false 911 call reporting a serious incident to elicit a significant response from police and other emergency services.”

https://www.washingtonexaminer.com/news/tim-pool-swatted-livestream.  

Also: Heavily armed police officers swarmed former White House strategist Steve Bannon’s Washington home Friday in a so-called “swatting” attack after someone called in a false report of a man with a gun, The Washington Post reported.  The caller said the unidentified man had shot someone, according to the Post.

www.huffpost.com/entry/steve-bannon-swatting-attack-indictment-trump_n_62c8cd5be4b06e3d9bb5546f.

 Another form of “swatting” can involve a false call to 911 reporting that a “mass shooter” is on the loose at a school.

The Federal Bureau of Investigations is the lead agency investigating a hoax active shooter call at Princeton High School after similar calls were made across Ohio and the nation.

* * *

“We had over 100 police officers that really converged and swarmed on this,” Lt. Walter Cordes said. “Everyone’s lucky and thankful that this wasn’t an actual event. However, the panic that was caused was something we need to work on and manage along with better communication with the community.”

 Sharonville police were dispatched for a report of an active shooter at Princeton High School after a chilling call was made to 911. The caller had a thick accent and described themselves to be a student.

 “He opened fire on our classroom. Ten students got injured next to our classroom,” the caller said.

 Dozens of law enforcement agencies swarmed Princeton High School. The situation sent students and parents into a panic. The school was on lockdown and swept as police investigated.

 https://www.msn.com/en-us/news/crime/fbi-investigating-swatting-incident-at-princeton-other-ohio-locations/ar-AA12hpo1.

 HB 462 enacts new R.C. 2917.321 to create the crime of “swatting” in Ohio.  The new statute became effective on April 3, 2023.

 (A) As used in this section:

 (1) “Emergency response” means an action taken by a law enforcement agency to preserve the life, health, safety, or property of any person.

 (2) “Public safety answering point” and “emergency service provider” have the same meanings as in section 128.01 of the Revised Code.

 (3) “Telecommunications device” and “telecommunications service” have the same meanings as in section 2913.01 of the Revised Code.

 (B) No person by means of a telecommunications device or telecommunications service shall report or cause to be reported false or misleading information to a law enforcement agency, emergency service provider, or public safety answering point, knowing the information to be false or misleading, with reckless disregard as to whether the report may cause bodily harm to any individual as a direct result of an emergency response to the report, and under circumstances where the report is reasonably likely to cause an emergency response from a law enforcement agency, emergency service provider, or public safety answering point and the report does cause an emergency response.

 (C) This section does not apply to any person conducting an authorized emergency drill. 

 (D)(1) Whoever violates this section is guilty of swatting.

 (2) Except as otherwise provided in division (D)(3) of this section, swatting is a felony of the fourth degree.

 (3) If a violation of this section results in serious physical harm to any person, it is a felony of the second degree.

 (E) Prior to the sentencing of a person who has been convicted of or pleaded guilty to a violation of this section, the court shall enter an order that directs any law enforcement agency or emergency service provider involved in the emergency response that wishes to be reimbursed for the costs incurred by the agency or provider during the emergency response, to file with the court within a specified time an itemized statement of those costs. The court may then order the offender to reimburse the agency for all or a portion of those costs under section 2929.18 of the Revised Code.

 (F) Any act that is a violation of this section and any other section of the Revised Code may be prosecuted under this section, the other section, or both sections.

 The base-level form of the offense is a fourth-degree felony (punishable by up to 18 months in prison and a fine of $5,000)  but the offense becomes a second-degree felony if the offense results in serious physical harm (punishable by up to 8 years in prison and a fine of $15,000). 

 HB 462 defines the offense as an offense of violence.  R.C. 2901.01(A)(9)(a).  If the offense would result in someone’s death, the enhanced F-2 form of the swatting offense could serve as a predicate for felony murder.

 HB 462 also provides that the court can order the defendant to reimburse the police agency for its costs in responding to the false report.  See, also, R.C. 2929.18(A)(5)(d).

Text: courtesy of the Ohio Prosecuting Attorneys Association -Steve Taylor
Photo credit: Teenvogue

Charles Dale Price was sentenced to 18 years to life in prison for the 1989 murder of his wife, Paula Price.  We continue to oppose this cold-blooded killer's release from prison.  

You can read the letter sent to the Ohio Parole Board here.