A Lima man who maintained he sold counterfeit drugs to a confidential informant — a claim seemingly substantiated in part by tests performed on the alleged controlled substances in question by state chemists — was sentenced Wednesday to 17 years in prison.
Jaquaveius Harvey, 30, was found guilty last month by Allen County Common Pleas Court Judge Terri Kohlrieser in a trial to the court. Harvey was scheduled for a jury trial but on the opening day of that trial opted instead to have his case heard by the judge.
He was convicted on three counts of trafficking in heroin and one count of engaging in a pattern of corrupt activity, each a felony of the first degree, and a single count of third-degree felony trafficking in heroin.
Prior to sentencing, Assistant Allen County Prosecuting Attorney Kyle Thines called Harvey “manipulative” and said that he changed his story often throughout the case to suit his needs at the moment.
A confidential informant employed by the West Central Ohio Crime Task Force testified at Harvey’s trial that he purchased drugs from the Lima man in 2020 at locations that included the 500 block of West Wayne Street, the corner of Tremont Avenue and Baxter Street and in the 800 block of Broadway Street.
While one sample of drugs submitted to the Ohio Bureau of Criminal Investigation for analysis was found to contain approximately 9 grams of heroin, the remaining buys were found to contain “no controlled substance,” according to the agency’s reports.
Ohio trafficking laws prohibit the selling or offering for sale of narcotic drugs or a controlled substance analog.
“The state understands that three tests revealed that (the alleged drugs) contained no controlled substance, I believe the defendant believed that everything he was selling was real,” Thines said.
Defense attorney Kenneth Rexford disagreed, saying his client believed he was selling “flour and ash” instead of narcotics. He said the only variable in the four drug trafficking charges was that a juvenile was involved in three of the transactions — sales where no controlled substances were found.
“His (Harvey’s) position that he knew the drugs were fake is reliable,” Rexford said.
With a courtroom full of family and supporters, Harvey addressed the judge.
“I made one bad mistake by selling counterfeit drugs, and I will accept whatever sentence the court hands me,” Harvey said. “Seeing my kids and my family in the crowd today tears me apart. I am ready to take responsibility for my actions so that when I’m released (from prison) I can be a better father to my kids.”
Kohlrieser, prior to imposing sentence, conceded that Harvey “might have been duped” by others involved in the trafficking ring. But the judge cited his lengthy criminal records, both as a juvenile and an adult, as proof that he has not responded to previous sanctions.
“Additionally, I find your behavior while on bond to be deplorable,” Kohlrieser said. “You engaged in disruptive and threatening behavior toward representatives of the bond companies, and one company spent over $80,000 trying to track you down” after Harvey eluded authorities for a prolonged period of time.
“That was your choice; it was not a mistake, it was a calculated effort,” the judge said.
Rexford said the verdict and sentence in Harvey’s case will be appealed.