Zoeller trial ends with guilty verdict

For the second time in the last month Washington County Prosecutor Dustin Houchin and his staff have gotten a guilty verdict.

The most recent came last week in Washington Circuit Court when a jury returned a verdict of guilty for Anthony M. Zoeller, 33, Palmyra. The lead count Zoeller was convicted of was possession of methamphetamine with intent to deal, a level 2 felony.

“It’s good for the people in our area that another drug dealer is off the streets,” Houchin said. “That’s a critical mission for my office and law enforcement, this verdict was a step forward in that fight.”

As far as the conviction goes, Houchin said there were other charges the jury found Zoeller guilty of that will flow into the level 2 felony, including habitual offender, which carries a possible sentence of six to 20 years. The level 2 felony carries a sentencing range of 10 to 30 years.

The trial started Tuesday, April 6, with jury selection and finished up Thursday afternoon. The jury deliberated for three hour.

Houchin said witnesses included Brad Naugle from the Washington County Sheriff’s Department and Indiana State Police Detective Matt Busick.

“Busick was an expert witness for us,” Houchin said, “He testified as to what drug dealing looks like. We also had a toxicologist who tested the substances who found that it was fentanyl and methamphetamine found on Zoeller.”

Zoeller’s attorney called one witness who testified that Zoeller had worked for him and cash found on Zoeller the night of his arrest was a result of that work.

Zoeller faced 10 charges including one level 3 felony for possession of methamphetamine with intent to deal, two level 5 felonies, one for possession of cocaine with intent to deal and one for possession of methamphetamine, as well as, five level 6 felonies that include resisting law enforcement with a vehicle, maintaining a common nuisance, possession of cocaine, possession of legend drug and obstruction of justice.

Zoeller is also facing three misdemeanor charges.

The charges resulted from a chase that took place on Nov. 21, 2018, when Washington County Sheriff’s Deputy Brad Naugle, along with deputy Tory Hildreth and reserve officer Anthony Stempowski were all traveling on McCracken Road in Washington County.

Naugle said in a probable cause affidavit obtained from Houchin’s office that as he was traveling northbound, he had to swerve to avoid a vehicle that was traveling southbound.

Naugle said he noted that the vehicle matched the description of a Chrysler Sebring he was looking for from a warrant served in the area the night before.

The probable cause affidavit states that a lengthy pursuit ensued and ended at the residence on West May Dr., in Palmyra, where the search warrant had been executed the previous night.

Naugle said in the report the driver and a passenger were ordered out of the car and placed in handcuffs.

Both Zoeller and the female, who was identified as Heather Lee Barkemeyer, were arrested and transported to the Washington County Detention Center.

Naugle said he and Gray searched the area and found a number of drug related items that were allegedly thrown from the vehicle during the pursuit.

Houchin said there can be any number of reasons why cases like Zoeller’s and ones like it go to trial.

In most cases, he said there is a disagreement about whether or not a person is guilty.

“If it’s not a matter of guilt, the other disagreement is what level of punishment should be given for the acts that were committed,” Houchin said. “In this case, there was disagreement about the level of offense. The defense was arguing for a lower level and then disagreed about what the results should be from that. Those are the kinds of things that drive these things to trial and they are all different. We try to negotiate as much as we can and not burden the court system and the tax system, but sometimes we disagree and have to go to trial.”

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