ADVERTISEMENT

ADVERTISEMENT

Binder recharged for drug felonies

A Dickinson man whose drug charges were dismissed in January returned to the Stark County Courthouse on Monday to face the same charges again in a preliminary hearing.

A Dickinson man whose drug charges were dismissed in January returned to the Stark County Courthouse on Monday to face the same charges again in a preliminary hearing.

Dickinson resident Brad Binder, 32, was originally charged with the Class AA felony of intending to deliver methamphetamine and the Class A felony of intending to deliver marijuana after quantities of both drugs were discovered in a warranted search of his home.

Both charges were stipulated on the location of the search area being within 1,000 feet of a school.

In the first instance, Southwest District Judge James Gion said there was no evidence of that distance provided during a Jan. 25 preliminary hearing and dismissed the charges.

On Monday, Stark County State’s Attorney Tom Henning recharged Binder with the same two felonies. Though the distance from the home and substances to the school was not provided to the court in January, Henning said, the evidence should still be acceptable now.

ADVERTISEMENT

Both charges were enhanced due to the school proximity stipulation, he added.

Binder’s attorney, Garrett Ludwig, referred to an earlier case as precedent and said the state could not go for a “do over” without filing a different complaint with new evidence.

Southwest District Judge William Herauf said he believed Ludwig was correct and told Henning to file a motion to move on to a preliminary hearing.

What To Read Next
Neil Joseph Pfeifer was released Friday, Feb. 3, on $5,000 cash bail.
State lawmakers hear from both sides as parents and educators weigh in on the potential impact of the bill
“We see that when things happen in the coastal areas, a few years later, they start trending toward the Midwest,” said Rep. Ben Krohmer, serving his first term in the House.
Stark County prosecutors prepare for pretrial conferences and jury trials scheduled for March