Case on hold while defendant appeals judge’s ruling

Ford

Although a suspected drug dealer with a lengthy and violent criminal record was scheduled to go on trial Tuesday, all court proceedings for Antoine D. Ford have been put on indefinite hold.

Ford, 36, is a Miami County resident charged locally with dealing in a narcotic drug as a Level 4 felony, possession of methamphetamine as a Level 6 felony, possession of marijuana as a Class B misdemeanor, and possession of paraphernalia as a Class C misdemeanor. The prosecution has cited Ford’s criminal record to ask that he be declared a habitual criminal offender.

On July 6, 2023, the Bartholomew County Joint Narcotics Enforcement Team (JNET) requested officers with the Columbus Police Department to pull over a blue Chevrolet Suburban. The narcotics investigators were aware that Ford, who was being investigated locally as a suspected drug dealer, was a passenger in the SUV.

Before the vehicle was pulled over on Sawin Drive, east of Marr Road, witnesses saw the driver commit multiple traffic violations, according to a probable cause affidavit.

After a Columbus police canine alerted to the odor of narcotics, a vehicle search was conducted. A police spokesman said suspected methamphetamine, fentanyl, marijuana and drug paraphernalia were located in Ford’s possession. Of particular concern, a baggie was discovered hat contained 11 counterfeit Oxycodone 30MG pills packaged for sale. Some of the fake pills tested positive as fentanyl, investigators stated.

Acting as his own attorney, Ford asked Circuit Court Judge Kelly Benjamin to throw out his case twice because he felt his constitutional rights were violated.

The defendant claims the arresting officers had no reason to believe he was the owner or operator of the SUV, never witnessed him commit any infraction or crime, had no cause to seize his cellphone and had no reason to believe he was armed or dangerous.

For those reasons, Ford argues that evidence gathered against him during the vehicle search should be suppressed because they were illegally obtained.

Ford also made a motion for a writ of habeas corpus, which essentially would require the judge to hold a hearing with the defendant present to determine if Ford had been wrongfully detained.

After Benjamin denied the separate motions from Ford, Ford gave notice he would appeal Benjamin’s denial on the writ of habeas corpus on Dec. 21, 2023. Public defender R. Patrick Magrath was appointed to represent the defendant during the appeals process.

This month, Benjamin decided not to scheduled any further hearings regarding Ford while his appeal is pending with the Indiana Court of Appeals.