Hillsboro man sentenced to over 22 years in prison for engaging in a pattern of corrupt activity

A Hillsboro man charged in a 12-count indictment earlier this year was sentenced to over 22 years in prison Friday, after a jury seated in Highland County Common Pleas Court convicted him of all charges.

As previously reported, Richard Wayne “Scoots” Johnson, 51, of Hillsboro, was indicted in January on 12 counts, including: engaging in a pattern of corrupt activity, aggravated trafficking in methamphetamine and aggravated possession of methamphetamine, all first-degree felonies; aggravated trafficking in drugs and aggravated possession of drugs, both third-degree felonies; receiving stolen property, a fourth-degree felony; two counts of possession of cocaine and one count each of aggravated possession of methamphetamine and aggravated possession of a fentanyl-related compound, all fifth-degree felonies; receiving stolen property, a first-degree misdemeanor; and a forfeiture specification.

It took the jury a little over two hours to deliberate, including their review of all of the items subject to forfeiture.

Johnson and his co-defendant, Kassie Brigner, were charged with “recklessly … conducting or participating in the affairs of an enterprise through a pattern of corrupt activity” during a period of Jan. 1, 2019 through Jan. 1, 2023. Among the allegations in the indictment were possessing and trafficking in meth in an amount equal to or exceeding 50 times bulk amount but less than 100 times bulk amount; possessing and trafficking in hydroxyphencyclidine (PCP) in an amount equal to or exceeding bulk amount but less than five times bulk amount; obtaining, possessing or using cocaine, meth and a fentanyl-related compound; and receiving, retaining or disposing of a truck and a chainsaw belonging to two separate victims.

Subject to forfeiture were 54 separate items alleged to have been used in the illegal conduct, including numerous weapons and ammunition, security equipment, phones, numerous power tools, a Department of Rehabilitation and Corrections badge, a bulletproof vest and a red and blue flashing dash light, as well as the property where the alleged activity occurred.

The Highland County Sheriff’s Office previously reported on the investigation against Johnson and Brigner in July 2022. On July 12, Highland County Sheriff’s Office detectives and deputies, along with the Highland County Prosecutor’s Task Force and the Greenfield Police Department, executed a search warrant on Butters Road.

Inside a mobile home, detectives reported locating a large amount of methamphetamine and several firearms. Also located on the property were several allegedly stolen items, including a pickup truck that had been reported stolen from Pike County and a side-by-side UTV reported stolen from Highland County.

Brigner pleaded guilty March 28 to five counts: aggravated trafficking in drugs, a third-degree felony; one count each of possession of cocaine, aggravated possession of methamphetamine and aggravated possession of a fentanyl-related compound, all fifth-degree felonies; and the forfeiture specification. On May 3, Judge Rocky Coss sentenced Brigner to a definite determinate term of 59 months in prison.

For Johnson’s case, a jury was seated and began hearing their initial instructions just before 10:25 a.m. Thursday. The state rested Thursday at 4:20 p.m., and the jury was dismissed, returning Friday morning to hear closing arguments and instructions.

Highland County Prosecutor Anneka Collins told the jury that over 200 grams of meth, as well as smaller amounts of marijuana, fentanyl, para-fluorofentanyl, PCP and cocaine were located on Johnson’s property.

“There’s no question he was in possession of a large quantity of illegal drugs and that he possessed these for the express purpose of reselling them to someone else,” Collins said in her opening statement.

Multiple firearms, scales, baggies and several ledgers documenting the drug sales were also recovered during search warrants, while law enforcement also found items reported stolen — including a black truck that had been spray-painted green, Collins said.

Johnson’s attorney, Katherine Memsic, told the jury that she believed the jury would have “more questions than answers” when considering the evidence presented. She also asked them to consider Brigner’s role in the case. Memsic said that Brigner — who is Johnson’s ex-girlfriend — “has a long history with drugs” and that she “got a sweet deal for testifying” in Johnson’s case.

“You will be able to find Mr. Johnson not guilty, and you should,” Memsic said.

Ohio Bureau of Criminal Identification and Investigation (BCI) forensic scientist Beth Underwood was the state’s first witness, examined by Highland County assistant prosecutor Adam King. Underwood discussed the testing procedures for examining drugs and testified as to the types and weights of drugs seized from Johnson’s property.

Testifying briefly, also under examination by King, were two of the victims of the case — one whose UTV and chainsaw had been stolen, and the owner of the truck that had been repainted.

Highland County Sheriff’s Deputy Dylan Quenneville testified about a separate incident involving Johnson in September 2022, from which several of the drug possession charges stemmed. Quenneville responded to a report of a suspicious vehicle at a Highland County business and arrested Brigner — who had an active warrant — and Johnson, who was driven the car without an active license. Quenneville said that he seized a loaded handgun and ammunition from the vehicle, while there was also a locked toolbox. The vehicle was towed from the scene, the deputy said.

Sergeant Craig Seaman, also of the Highland County Sheriff’s Office, took the stand to discuss the first search warrant in July at Johnson’s property on Butters Road in Brushcreek Township.

Highland County Task Force investigator Chris Bowen testified regarding the task force’s work to arrange undercover drug buys with confidential informants (CIs). He reviewed evidence from two undercover buys organized by the task force as well as from the two search warrant executions. Bowen said that upon executing a search warrant on the vehicle after it was towed from the traffic stop, he and other officers found more drugs, as well as additional ledger books documenting drug sales.

Before cross examination of Bowen, the jury was dismissed for lunch. The judge, counsel and Johnson returned on the record, without the jury, at 1 p.m., at Johnson’s request. The defendant said he “was not happy with the lawyer representing me” and argued “there’s points that she needs to bring out” about the exhibits being submitted by the state. Johnson said he didn’t like that they were showing photos of evidence, instead of the evidence itself.

Judge Coss explained that “what conclusion is made from this is up to the jury to determine.”

“If you have evidence to contradict it, talk to your attorney, and she will put that evidence in, or try to,” the judge told Johnson.

Johnson responded that he hoped his attorney “represents me well” and that he was unhappy with her cross examination of witnesses.

“I’m not sure what she could have done,” Coss said. “You don’t ask questions just for the purpose of asking questions. There’s no award for asking more questions than the other attorney.

“It doesn’t mean she’s not doing her job.”

Johnson said he wanted it on record, “I’m not happy.”

“OK, so what?” Coss asked. “I wouldn’t be happy if I were sitting there.

“We’re not stopping the trial because you’re unhappy.”

The judge said he been told Johnson wanted to fire his attorney. He said if Johnson were to fire Memsic and represent himself for the remainder of the trial, it “would be the biggest mistake of your life.”

“Changing horses in the middle of a stream is not generally a good idea,” Coss said. He told Johnson to “leave trial tactics” to Memsic.

On Thursday afternoon, HCSO Detective Sergeant Vincent Antinore testified about various aspects of the case, including the execution of search warrants; assisting with the drug buys; recovering stolen items and identifying rightful owners; and the significance of some of the items collected for evidence and how they were consistent with drug trafficking.

Next, Brigner, who was brought in from the Ohio Reformatory for Women in Marysville, took the stand. She said “she’d hoped Scoots would do his part” and plead guilty as she had done, so she wouldn’t have to testify. Brigner, who is 27, said she had been an addict for 12 years, using meth, fentanyl and heroin. She met Johnson because he had sold her drugs, she said, and they started a relationship. While they were together, Brigner testified that she had watched Johnson sell drugs, and she assisted, to support her own habit.

Brigner said that they would buy meth and resell it at a higher price, going to “the city” to stock up on drugs. She also testified that she had witnessed Johnson trading drugs for other items, including stolen property. According to Brigner, on the day she and Johnson were apprehended in September, they were getting ready to flee their home because they thought indictments were coming out against them that day.

The final witness called by the state was Highland County Task Force investigator Randy Sanders, who also spoke about the drug buy process with CIs. Drone footage of what law enforcement called Johnson’s “compound” on Butters Road was screened, while Sanders reviewed photos of different pieces of evidence.

In addition to the drugs and weapons found in Johnson’s car, Sanders said officers found an Ohio Department of Corrections badge as well as red and blue lights on the dash. Collins asked about the “significance” of that.

“Wrongdoing is going on,” Sanders said. “There’s no good reason I can think of for anybody to have them.”

According to Sanders, during the two search warrants they also recovered multiple cell phones (at least eight, he said), which was “typical of selling drugs,” as well as nine different drug scales, which was “more than usual.” He said that he recognized multiple names of individuals in Johnson’s ledger books due to his years of drug investigations.

The investigation also found that Johnson had reported no personal income or business taxes for 2018-20, while his Butters Road property had been transferred to him by an individual convicted of engaging in a pattern of corrupt activity for a drug case around 12 years ago.

The state rested at 4:20 p.m., and the defense did not present any evidence.  

After the jury returned at 8:30 a.m. Friday morning, closing arguments began around 9:25 a.m. Collins began by summarizing the evidence presented about the amount of drugs and related paraphernalia found, asserting that Johnson “worked with Kassie Brigner and others to supply a large quantity of meth to Highland County.”

In her closing argument, Memsic told the jury that Johnson “was never found with drugs,” and that the “only evidence” to that effect “came from a CI that you didn’t hear from.” She pointed out that the drug buys were discussed, but there were “no videos” to prove Johnson was there. Memsic argued that law enforcement didn’t investigate the people buying drugs “because that wouldn’t fit the narrative that Richard and Kassie were running the show.”

She also said there was “no proof” that Johnson would have known items on his “property were stolen,” and that law enforcement has been unable to identify owners for many of the items. “The state is asking you to make the assumption they were stolen, and you have no evidence of that,” Memsic said.

Regarding Johnson not filing taxes for business income, Memsic said that was because he was on Social Security.

Memsic also asked the jury to consider the credibility of the witnesses and the evidence. For example, she said, Antinore “didn’t want to answer any of my questions directly;” Sanders failed to show audio and video from drug buys; the CIs used for the drug buys were “working off charges,” which is “a huge incentive;” and Brigner “cut a deal with the state” for a possible reduced sentence.

“[Brigner’s] freedom is on the line,” Memsic told the jury. “Please take that into consideration. Is that a credible witness to you?”

Memsic added that Brigner “made sweeping generalizations” about her and Johnson’s alleged activities “so she can do what she needs to do for the state without making anything up.”

The defense attorney said that the case involved “law enforcement trying to circle the ranks to close an investigation” and Brigner trying to help her own cause.

“There is a lack of evidence,” Memsic told the jury. “Hold the state to their burden.”

Collins refuted some of Memsic’s statements, saying the defense attorney was “grasping at straws.” Collins explained that the reason that footage of the drug buys was not shown was because Johnson is “not charged with those two drug buys,” but that the Task Force used those as “probable cause” to get the initial search warrant. It also shows the “pattern of corrupt activity,” she said.

Regarding Memsic saying Johnson did not possess drugs, Collins told the jury the defense wanted them to believe “that possession means it’s in your pocket. That’s not the law.”

Collins then outlined each individual charge in the indictment and the evidence for each offense. She said that “all weighed together,” the meth alone weighed “just shy of 214 grams,” while a typical dose is about a tenth of a gram, she said.

“This is far more than personal use,” Collins said. “This is intended for resale.”

Considering the weight of the drugs, the value of over $21,000 worth of meth and the “pages and pages and pages of ledger books” documenting drug sales, it is “easy to come to the conclusion” that Johnson engaged in a pattern of corrupt activity.

“I am asking that you now pull up this net,” Collins told the jury. “Come to the only logical conclusion that makes sense here.”

When court returned on the record at 12:53 p.m. with a verdict, Coss said he had sent a note asking if the jury was ready for a lunch break, and they responded that they had only “one more issue to discuss.” Highland County Clerk of Courts Ike Hodson read the verdicts, with Johnson found guilty of 10 felonies and one misdemeanor. For the first-degree felony charges of aggravated trafficking and aggravated possession of meth, the jury made the additional finding that the amount of meth was equal to or exceeding 50 times bulk amount but less than 100 times bulk amount. The jury also listed items subject to forfeiture.

After the verdicts were read, Coss thanked and dismissed the jury, while he said Johnson’s bond was revoked and that he was to be remanded into custody “at this moment.” Johnson was placed in handcuffs to briefly confer with his attorney before sentencing.

At 1:18 p.m., the sentencing hearing began. As noted by Coss, the first-degree felony counts of aggravated trafficking and aggravated possession of meth merged for sentencing, as did the third-degree felony counts of aggravated trafficking and possession of drugs. Collins requested that Johnson be sentenced on the two trafficking charges.

Collins asked the judge to impose a “substantial prison sentence in this matter,” mentioning two other recent engaging in a pattern of corrupt activity cases in Highland County Common Pleas Court that resulted in respective sentences of 24.5 and 17 years. The prosecutor said that while it may seem that investigators had only known about Johnson for the past year, that “is certainly not the case” and that the Task Force knew “for a while” that Johnson was “moving a substantial amount” of drugs.

Collins said the reason that the Task Force only arranged two drug buys was because Sanders was approached by a neighbor who told him, “you’ve got to do something, this is out of control,” she said. The “amount of traffic” coming in and out of Johnson’s property and items reported missing was “nonstop.

“That is why they didn’t build more buys,” Collins said. “They just served a search warrant, and we found what we found.”

Memsic said that Johnson, like Brigner, was originally a drug user and he “got tangled up in the net the state spoke of” in their closing argument.

“He knows what was going on was wrong,” Memsic said. “Things spiraled. Before he knew it, he was in too deep.”

Memsic also asked the judge to consider Johnson’s “significant health issues,” including nerve damage. She argued that “minimum sanctions are appropriate” in his case.

Johnson declined to address the judge. Coss told him, “The case against you is overwhelming.

“It’s clear that your occupation is drug dealer,” Coss said. “There’s no other way to put it. I don’t doubt you have physical issues, but the fact is you’re a drug dealer.”

Coss said that it’s “clear you need to be held accountable,” referencing Johnson’s “significant record keeping systems” for drug sales and the fact that “it appears everybody in the neighborhood knew” Johnson was running a drug operation.

“There’s no question you’re a significant drug dealer,” the judge said.

Coss sentenced Johnson to a minimum of 22 years and nine months in prison, including: 10 years for engaging in a pattern of corrupt activity; eight years for aggravated trafficking in meth; 12 months for the felony receiving stolen property charge; and nine months each for aggravated trafficking in drugs, two counts of possession of cocaine, aggravated possession of meth and aggravated possession of a fentanyl-related compound. For the first-degree misdemeanor charge of receiving stolen property, Johnson was sentenced to 30 days in the Highland County Jail, concurrent to the other sentence.

Under the Reagan Tokes Law, Johnson could be subject up to five additional years of prison time, Coss said, while the 10-year and eight-year sentences are both mandatory.

Coss also ordered the forfeiture of the listed items and ordered Johnson to pay court costs. Johnson’s driver’s license will not be suspended for three years since “you don’t have a license anyway, and you’re not going to be needing one,” Coss told him.