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After about an hour of deliberation, a jury found a Warsaw man guilty of dealing and possessing drugs.
Shane Allen Ketcham, 30, Warsaw, was found guilty of dealing methamphetamine, a level 2 felony; dealing methamphetamine and possession of methamphetamine, both level 4 felonies; and possession of methamphetamine, a level 6 felony.
The case continued on Wednesday, Sept. 30 with defense attorney Brian Pyle cross-examining Kosciusko County Sheriff's Office Det. Sgt. Shane Bucher.
Bucher testified that other Narcotics Enforcement Team (NET 43) Drug Task Force officers conducted searches of the informant's vehicle before and after each purchase. Pyle presented a video of the first drug purchase, pausing it to where it appeared to show some type of pebble-like debris in the vehicle's interior. Bucher said the debris wasn't collected or tested to see if it was drugs. He also stated the videos of the transactions didn't show the informant going back to her meet-up location with police or handing off any drugs directly to Bucher.
In re-direct by Deputy Prosecuting Attorney Andrew Grossnickle, Bucher testified that the informant handed off the drugs she received from Ketcham to police immediately.
The state's third witness in its case was Sam Whitaker, the NET 43 commander. Whitaker said he was involved in one of the undercover drug deals for Ketcham and assisted in searching both the informant and her vehicle before and after the deal. He detailed how vehicle searches occur, noting that officers look through any place where individuals could potentially conceal drugs. This includes areas such as glove compartments, consoles and containers. Whitaker testified that nothing was found in the informant's vehicle or on her person.
Michael Foster, a NET 43 investigator, provided testimony as the state's fourth witness. Foster was also involved in the investigation against Ketcham and said he assisted in searching the informant's vehicle for any illegal substances or money. He noted the task force looks for money prior to the drug deal to make sure the informant doesn't attempt to buy any drugs for themselves.
Foster also testified about being part of the observation team in the drug deals, using GPS tracking and livestreaming capabilities to monitor the informant during the transactions. He further detailed how collected drugs are marked and submitted for evidence, then transported to an Indiana State Police laboratory for testing. Foster noted that he's the only one with access to NET 43's evidence storage area.
In cross-examination, Pyle asked Foster about searching the informant's vehicle. Foster said he searched her vehicle during both drug deals, estimating it took about 10 minutes to complete each search. Pyle also asked if a K9 unit was used to check for illegal drugs in the vehicle, and Foster said this didn't occur. In redirect by Grossnickle, Foster said he's been involved in NET 43 deals since the force's inception and that a K9 has never been used to search an informant's vehicle.
The state's fifth and final witness was Melinda McNair, a forensic scientist at the ISP laboratory. McNair tested and weighed both of the substances that were collected during the deals with Ketcham, completing color and gas chromatography-mass spectrometry tests for each substance. Both of the collected drugs tested positive for meth, with the amount from the first deal weighing 3.3 grams and the amount from the second deal weighing 13.4 grams.
Pyle didn't present any evidence and Ketcham did not testify, resting the defense's case shortly after the state rested theirs.
In closing arguments, Grossnickle said the state had "fully proven its case beyond a reasonable doubt," recalling evidence and testimony presented to the jury.
"Shane Ketcham knowingly and intentionally committed dealing and possession of methamphetamine," said Grossnickle. "He knew exactly what he was doing. This was a criminal enterprise of Shane selling drugs."
Pyle said if the jury believed there were two possible ways something could have happened, that Ketcham must be presumed innocent. He also focused on the informant's testimony, asking the jury why she would testify if there wasn't any benefit or promises made to her. Pyle further stated Ketcham had a right to a trial as well as the right to not testify.
In final closing, Grossnickle reiterated that the state had met its burden and asked the jury to hold Ketcham accountable by finding him guilty on all four counts.
