COURT OF APPEALS UPHOLDS CONVICTIONS AND SENTENCES IN VARIOUS GALLIA COUNTY CASES

Gallia County Prosecuting Attorney, Jason D. Holdren, announces that the Fourth District Court of Appeals upheld a number of Gallia County convictions and sentences in 2024. “Not only do we fight for justice at the trial court level seeking appropriate convictions and sentences, but we continue the fight at the appellate court level to keep criminals behind bars,” stated Holdren. Holdren thanked assistant prosecutors Jeremy Fisher and Isaac Beller for their hard work on these appellate cases in drafting reply briefs and participating in oral argument in front of the Court of Appeals. The cases decided are as follows:

Michael M. Walker, age 33, of Dayton, Ohio, was convicted of Aggravated Possession of Drugs (27.083 grams of Methamphetamine), a felony of the second degree; Aggravated Trafficking in Drugs (27.083 grams of Methamphetamine), a felony of the second degree; and Having Weapons While Under Disability, a felony of the third degree. Walker was sentenced to a mandatory minimum prison term of 7 years and a maximum prison term of 10.5 years. Upon his release, Walker will be placed on post release control under the supervision of the Ohio Adult Parole Authority for a mandatory term of at least 18 months and up to 3 years. On appeal, Walker argued that the trial court erred by applying the wrong legal standard to his racial-animus claim, by imposing supervision costs, and by ordering an enforceable civil judgment for supervision and confinement cost. The appellate court ruled in favor of the State. Walker’s expected release date from prison is January 24, 2029.

Demitri Dunbar, age 36, of Chicago, Illinois, was convicted of Trafficking in Cocaine in an amount equal to or greater than 100 grams, a felony of the first degree. Dunbar was sentenced to a mandatory minimum of 11 years in prison and a maximum of 16.5 years in prison. Dunbar attempted to re-open his case on appeal in 2024, however, the appellate court ruled in favor of the State and denied each of Dunbar’s appellate issues. Dunbar’s expected release date from prison is August 29, 2033.

James E. Raines, age 46, of Gallipolis, Ohio, was convicted of 3 counts of Violating a Protection Order, felonies of the fifth degree; and Arson, a felony of the fourth degree. Raines was sentenced to 4.5 years in prison. On appeal, Raines argued that he received ineffective assistance of counsel; that he did not knowingly, intelligently, and voluntarily accept his plea agreement; and the trial court did not follow proper sentencing procedure. Subsequently, the appellate court ruled in favor of the State and denied each appellate issue raised by Raines. Raines is expected to be released from prison on September 29, 2027.

Darius L. Bridges, age 35, of Detroit, Michigan, was convicted of Trafficking in a Fentanyl Related Compound, a felony of the first degree (41.0195 grams). Bridges was sentenced to a mandatory minimum prison term of 6 years and a maximum prison term of 9 years. Upon his release, Bridges will be placed on post release control under the supervision of the Ohio Adult Parole Authority for a mandatory term of at least 2 years and up to 5 years. On appeal, Bridges argued that the trial court improperly imposed supervision costs, erred by ordering supervision and confinement costs as authorized by law, and that appellate counsel was denied a copy of Bridges’ pre-sentence investigation report. Subsequently, the appellate court ruled in favor of the State and denied each appellate issue raised by Bridges. Bridges is expected to be released from prison on October 29, 2028.

Carolyn A. McHargue, age 44, of Gallipolis, Ohio, was convicted of Endangering Children resulting in Serious Physical Harm, a felony of the second degree. McHargue was sentenced to a minimum prison term of 7 years and a maximum prison term of 10.5 years. Upon her release, McHargue will be placed on post release control under the supervision of the Ohio Adult Parole Authority for a mandatory term of at least 18 months and up to 3 years. On appeal, McHargue argued that the trial court erred by failing to adjudicate competency, imposed an unlawful sentence, and that it was unlawful to deny appellate counsel a copy of McHargue’s pre-sentence investigation report. Subsequently, the appellate court ruled in favor of the State and denied each of McHargue’s appellate issues. McHargue’s expected release date from prison is October 28, 2028.

Shawn C. Simon, age 52, of St. Albans, West Virginia, was convicted of Possession of Cocaine and Trafficking in Cocaine, both felonies of the first degree. Simon was sentenced to a mandatory minimum prison term of 11 years and a maximum prison term of 16.5 years. Simon had two appeals denied prior to 2024, but he again attempted to pursue filings in the court and re-open his case. The appellate court ruled in favor of the State, thereby denying Simon’s request. Simon’s expected release date from prison is August 9, 2031.