An Ohio appeals court has thrown out a criminal conviction against local celebrity Derek Myers.
Myers, who is a television news reporter most known for hosting his late-popular show “News Patrol” and owner of Fayette Advocate and Scioto Valley Guardian was arrested in January 2018 and charged with a first degree misdemeanor of violating a civil protection order. It was alleged at the time of the January 6 arrest that Myers was in traffic in downtown Washington Court House and was following his ex-lover, who had received a civil protection order just weeks prior.
When police swarmed the area they did not find Myers following the car, however, officers found him driving across town. He was arrested and taken to jail, where he bonded out on $1,500.
Myers filed a motion to dismiss with the Washington Court House Municipal Court shortly after the case was filed arguing that the arrest was improper and that the police department did not have legal grounds to take him to jail. He argued that the arresting document used to file the charge was signed by a private citizen — the ex-lover — and not by a police officer. Myers further argued in the motion that the case did not go through the proper review process with a prosecutor, magistrate, or judge.
Washington Court House Municipal Court Judge Victor D. Pontious sat on the motion to dismiss for nearly 8 months before denying it. It was that motion to dismiss that was at the center of the appeal.
Myers went on to plead no contest on November 14, 2018 and was found guilty by visiting retired Judge Catherine Barber. She sentenced Myers to 180 days in jail, two years probation, and a fine. Myers immediately filed a notice of appeal with Ohio’s 12th District Court of Appeals on the same grounds as the motion to dismiss, arguing that the municipal court messed up when they failed to grant his request.
On Monday, a decision from the 12th District agreed with Myers.
A three-judge panel ruled that Myers should not have been arrested under the charging document.
“As there was a defect in the complaint and institution of the prosecution, appellant’s arguments under [motions to dismiss] were meritorious,” the three judge panel ruled unanimously. “We therefore find that the trial court erred in denying appellant’s motion to dismiss. Appellant’s sole assignment of error is sustained and the municipal court’s decision denying appellant’s motion to dismiss is reversed.”
The charge was vacated and dismissed by the panel.
“Because of the defect in the complaint, the resulting conviction is a nullity and therefore vacated. Judgment reversed and the charge dismissed. ”
Myers’ criminal defense lawyer on the trial case was Chase Mallory.
“We were confident in our motion to dismiss,” Mallory told the Guardian on Monday. “Credit to the court of appeals for a well reasoned opinion.”
The original civil protection order that spiraled the criminal case was dismissed in 2018 after another judge ruled that the petitioner was not credible. It was decided by Fayette County Court of Common Pleas Magistrate Richard Dunkle that the alleged victim could not be believed and perhaps lied under oath after Myers and Mallory introduced an audio recording. In the recording, the ex-lover said that if Myers did not do what they said, they would go to police and make up false charges, including false allegations of egregious sex crimes.
The audio recording was authenticated through a forensic examination and the protection order was dismissed.