Editor’s note: This report was not ready by press time for Wednesday’s edition; however, we feel it is important to publish a record of the trial’s proceedings.
SIDNEY – The finger of accusation was pointed in many directions Tuesday during testimony in the first day of a jury trial regarding alleged counterfeiting activity in Sidney. Four Sidney police officers were called to the witness stand.
The trial is expected to last through Thursday in Shelby County Common Pleas Court.
Those making such accusations have been subpoenaed to testify in court this week. The defense attorney claims his client is being made a “scapegoat” and was “hunted and targeted” to be charged with the crimes.
Deliberations were to continue Wednesday in the case against Robert L. Barga, 41, 615 Sixth Ave. Barga faces one count of engaging in a pattern of corrupt activity; four counts of forgery; and one count of possession of criminal tools during a grand jury session in January 2017, all fifth-degree felonies.
According to court records, the charge of corrupt activity alleges Barga was involved in an enterprise in which dealt with producing and disseminating counterfeit money from May 1 through Dec. 15, 2016. The forgery counts allege Barga attempted to defraud and possessed counterfeit banknotes on or about Dec. 6 and Dec. 15, 2016. The possessing criminal tools charge accuses Barga of possessing a printer/scanner which was used to produce counterfeit paper money.
In his opening statement, Shelby County Prosecutor Tim Sell informed the jury that Barga was arrested after a search warrant was executed by Sidney Police and the U.S. Secret Service at Barga’s residence, Dec. 15, 2016. He remains free on a $10,000 bond.
The warrant was a result of a four-month sequence of 19 occurrences in which counterfeit money had been circulated in the Sidney community, starting around mid-August of 2016.
Sell said officials recovered evidence during the search that allegedly links Barga to the production of counterfeit bills in at least three of the 19 occurrences. He claimed fake $10 and $20 bills were created and distributed through several means.
The prosecutor claimed Barga would sell the bills basically at a two for one rate. As an example, Sell said buyers could get two $20 bills at a cost of $20 of real money. The bills were used to make small purchases at gas stations and fast food restaurants, and passers would receive real money in the change. The money was also used to buy drugs in Dayton, according to the prosecution.
Defendants in several other criminal cases will be called by Sell to testify that Barga was the person who provided the counterfeit. Subpoenaed to appear are Kevin Smith, 42, and his wife, Sherry Smith, 30, 614 Michigan St.; Trisa Engle, 28, 229 Brooklyn Ave.; and Nick Harris, 380 Blackfoot St., Piqua.
Also expected to serve as a witness is Christina Barga, 47, Robert’s wife, who also faces related charges.
Cases against these individuals are scheduled for jury trials in Shelby County over the next three weeks, according to online court records.
Others facing similar charges in different cases to testify
Defense attorney Justin Griffis, of Sidney, contends the four people called to appear have agreed to do so to better their position with the state in facing their own charges. He stated the witnesses have falsely stated Barga supplied them with the faux cash.
He informed the jury that Kevin Smith is Barga’s cousin and was permitted to stay in the garage with Barga and his wife, Christina, when they were homeless. Griffis said he would prove it was their criminal activity that implicated Barga in the investigation.
Griffis also contends Sidney Police may have taken the opportunity to target Barga regarding a 2011 counterfeiting investigation that did not result in any prosecution. He said shoddy evidence-gathering and investigative methods will lead to his client’s innocence.
Four Sidney Police officers were called to testify, Tuesday. In order, they included Det. Kevin Macke, Det. Sgt. Rob Jameson, Sgt. Tony Cunningham, and Patrolman Jim Jennings.
Macke was questioned about a “trash pull” conducted at Barga’s home, Dec. 15, 2016, stating that material left in containers at the curb becomes abandoned property and subject to search and seizure.
The procedure would reveal several discarded pages of misaligned counterfeit bills that were unable to be passed. Other items included checks, items with the names of the Bargas and information for a printer allegedly used to create the bills.
A search warrant was issued for the Barga home. One confiscated item mentioned several times was a torn counterfeit $5 bill found in a bedside table.
Officers also searched the Smith residence the same night, but did not remove a printer as evidence. The printer was allegedly destroyed by Kevin Smith, the following day.
To show their involvement, Jameson provided a security video showing the Bargas returning a printer to Walmart, Dec. 9. They allegedly took device from a garage used by the Smiths.
Sell reported the tactics included buying a scanner/printer, then when the color cartridges were exhausted, returning the printer as defective. They would gain another printer as an exchange, eliminating the need to purchase additional print cartridges.
Griffis asked Macke why there were no tests for fingerprints on the paper used to attempt to print bills. He reported obtaining fingerprints from paper is seldom successful, adding the Sidney PD does not have such capabilities. Griffis countered that the U.S. Secret Service in Dayton would certainly have such means.
The defense attorney also quizzed the officer on why the printer was not taken during the search. Macke did say that afterwards, Secret Service officials indicated it should have been confiscated.
First counterfeit reports arrive in early December
Jameson said police first received reports on Dec. 5-6 that counterfeit bills had been received by delivery drivers for Al’s Pizza, 1315 Wapakoneta Ave. He reported that follow-up investigations supposedly pointed to Barga as the supplier of the bills.
Cunningham brought a different twist to the case when he told of Barga’s agreeing to a planned traffic stop leading to the arrest of Trisa Engle on Aug. 13, 2016.
According to the officer, following a drug buy in Dayton, Barga phoned Cunningham prior to arriving in Sidney. The stop was initiated and a K-9 unit called to the scene. Engle was found in possession of $280 in $20 bills, drugs and drug paraphernalia.
Jennings said he responded to a call regarding a person’s possibly taking drugs at Wendy’s restaurant, 1326 Michigan St., on Dec. 8, 2016.
Nick Harris was discovered slumped over a table. Once revived, he was found with drug paraphernalia and $460 in fake $20 bills. He allegedly identified Barga as his supplier.
