Indictments issued for drug trafficking, pandering


By Kyle Shaner - kshaner@sidneydailynews.com



SIDNEY – The Shelby County grand jury indicted a Sidney man it classified as a major drug offender and two Sidney men accused of pandering obscenity involving minors.

• Joshua Cross Burks, 38, of Sidney, was indicted on charges of trafficking in drugs, a first degree felony, attempted bribery, a fourth degree felony, possessing criminal tools, a fifth degree felony, and receiving stolen property, a fifth degree felony.

Burks reportedly prepared more than 100 grams of a substance containing cocaine for transportation and distribution, knowing it was intended for sale or resale, on Nov. 11, 2020. He also reportedly possessed a scale, cutting agents and drug equipment used for the purpose of storing, transporting and trafficking cocaine.

Also on Nov. 11, he reportedly attempted to have another offer money to a witness in the incident to let him leave the scene. He also is accused of receiving and retaining an Ohio motor vehicle license plate that he knew or had reasonable cause to believe had been stolen.

Grand jurors specified that Burks is a major drug offender and that a jewelry collection was derived from the proceeds from the commission of a felony drug abuse offense.

• David Todd McMahan, 54, of Sidney, was indicted on two charges of pandering obscenity involving a minor or impaired person, both second degree felonies.

McMahan reportedly filmed and created obscene material depicting a nude 14 year old between May and July 14.

• Rusty L. Gates, 59, of Sidney, was indicted on four charges of pandering obscenity involving a minor, one of which is a second degree felony and three of which are fourth degree felonies.

Gates reportedly knowingly disseminated an obscene image of a minor on Dec. 30, 2020, and knowingly downloaded and possessed on his personal computer obscene material that had a minor as one of its participants on March 31.

• Dustin W. Boggs, 46, at large, was indicted on two charges of having weapons while under disability, both third degree felonies.

Boggs reportedly possessed a 22 caliber revolver and a Heritage Manufacturing 22 caliber on June 30 while under disability, having previously been convicted of domestic violence in Miami County Municipal Court.

Grand jurors specified that both firearms were used in a manner to commit or facilitate the commission of a felony offense.

• Nicholas R. Spurlock, 37, of Cincinnati, was indicted on charges of trafficking in drugs, a third degree felony, and possessing criminal tools, a fifth degree felony.

Spurlock reportedly prepared 5,000 to 20,000 grams of marijuana for transportation and distribution, knowing it was intended for sale or resale, on March 17. He also reportedly possessed bags used for the purpose of storing, transporting and abusing marijuana.

• Alexander F. McCoy, Sr., 24, of Sidney, was indicted on two charges of improper handling of a firearm in a motor vehicle, both fourth degree felonies, and operating a motor vehicle while under the influence of alcohol or drugs of abuse, a first degree misdemeanor.

McCoy reportedly had a loaded Hi-Point JHP .45 ACP and a loaded Hi-Point C9 9mm within his reach while inside a motor vehicle on April 24. He also reportedly operated a motor vehicle while under the influence of alcohol, a drug of abuse or a combination of them.

Grand jurors specified both firearms were used in a manner to commit or facilitate the commission of a felony offense and are subject to forfeiture.

• Savannha S. White, 25, of Oliver Springs, Tennessee, was indicted on charges of grand theft of a motor vehicle, a fourth degree felony, theft, a fifth degree felony, and criminal damaging or endangering, a second degree misdemeanor.

White reportedly stole a 2003 Dodge Stratus, stole $1,000 to $7,500 in tools and damaged the vehicle by spray painting it on May 29.

• Tony A. Baker, II, 48, of Cincinnati, was indicted on charges of trafficking in drugs, a fourth degree felony, and possessing criminal tools, a fifth degree felony.

Baker reportedly prepared 200 to 1,000 grams of marijuana for transportation and distribution, knowing it was intended for sale or resale, on July 16, 2020. He also reportedly possessed bags for the purpose of storing, transporting and abusing marijuana.

• Aaron Joseph Simpson, 34, of Piqua, was indicted on a charge of grand theft of a motor vehicle, a fourth degree felony.

Simpson reportedly stole a 2013 black Chevy Equinox on June 28.

• Starla Johnson, 20, at large, was indicted on a charge of failure to appear, a fourth degree felony.

Johnson reportedly failed to report to a change of plea hearing in the Shelby County Common Pleas Court on July 2 after having been released on her own recognizance on Feb. 12. She was due in court on charges of aggravated possession of drugs, a fifth degree felony, possessing criminal tools, a fifth degree felony, and tampering with evidence, a third degree felony.

• Forrest F. Fergus, 51, at large, was indicted on a charge of failure to appear, a fourth degree felony.

Fergus reportedly failed to report to a status conference in the Shelby County Common Pleas Court on July 7 after having been released on his own recognizance on April 26. He was due in court for a status conference on two charges of aggravated trafficking in drugs, both fourth degree felonies, and three charges of trafficking in drugs, two of which are fourth degree felonies and one of which is a fifth degree felony.

• Darrin A. Opphile, 48, at large, was indicted on a charge of failure to appear, a fourth degree felony.

Opphile reportedly failed to report to a bond hearing in the Shelby County Common Pleas Court on July 6 after having been released on his own recognizance on April 26. He was due in court on two charges of aggravated trafficking in drugs, both fourth degree felonies.

• Faith D. Pickett, 30, at large, was indicted on a charge of failure to appear, a fourth degree felony.

Pickett reportedly failed to report to her sentencing in the Shelby County Common Pleas Court on July 8 after having been released on her own recognizance on Feb. 22. She was scheduled to be sentenced on a charge of possession of drugs, a fifth degree felony.

• Austin M. Cox, 19, of Sidney, was indicted on two charges of trafficking in drugs, both fifth degree felonies.

Cox reportedly sold or offered to sell LSD on Sept. 14 and 15, 2020.

• Jeremy B. Reichert, 29, of Dayton, was indicted on a charge of theft, a fifth degree felony.

Reichert reportedly stole more than $1,000 in goods from Menards on June 5.

By Kyle Shaner

kshaner@sidneydailynews.com

Reach the writer at kshaner@sidneydailynews.com or 937-538-4824.

Reach the writer at kshaner@sidneydailynews.com or 937-538-4824.