Mitchell charged with possessing hundreds of Oxycodone tablets

Last updated: June 16. 2014 8:59PM -
Amber Gillenwater agillenwater@civitasmedia.com

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GALLIPOLIS — A Huntington man stopped by a trooper with the Ohio State Highway Patrol late last month was arraigned on Monday in the Common Pleas Court of Gallia County on drug-related felony charges.

Rubin A. Mitchell, 28, of 2740 Collis Ave., Huntington, W.Va., appeared before Judge D. Dean Evans with his retained counsel Jeffery L. Finley on Monday and pleaded not guilty to one count of drug possession, one count of trafficking in drugs and one count of tampering with evidence.

Mitchell was reportedly stopped by a trooper with the highway patrol while in Gallia County on May 31 for a traffic violation. According to the original complaint filed and signed by the arresting officer, following the stop, the trooper reported that drug indicators were present. After a search of the vehicle revealed marijuana and search of the suspect revealed contraband, the trooper obtained a warrant and the defendant was reportedly searched by a doctor at Holzer Medical Center who “found the 265 Oxycodone tablets in the rectal area of the defendant.”

Rubin was subsequently arrested and made an initial appearance in the Gallipolis Municipal Court on June 2. His bond was set at $400,000, 10 percent. A preliminary hearing in this case was later held in the municipal court last week, and this case was bound over to the common pleas court where it was heard by a grand jury.

The indictment in this case filed on June 12 states that on May 31, Mitchell was in the possession of 265 Oxycodone tablets — an amount equal to or five times the bulk amount but less than fifty times the bulk amount — a felony of the second degree. In addition, Mitchell had allegedly prepared the said contraband for sale or resale — an offense that occurred in the vicinity of a juvenile — a first degree felony.

The tampering with evidence charge stipulates that on May 31, Mitchell, knowing that an official proceeding or investigation was in progress, did conceal the Oxycodone tablets in his rectal area, a third degree felony.

During his arraignment hearing on Monday, Mitchell’s bond was set at $40,000, own recognizance, with an additional $1,500, 10 percent bond. As a condition of his bond, he was ordered to have no contact with law enforcement or any violations of the law.

Mitchell is scheduled to appear for a pre-trial settlement conference on Aug. 4. A negotiated plea agreement may be filed on Sept. 4 with the clerk of courts office. A jury trial has been scheduled for Oct. 2.

Bond was posted for Mitchell’s release from the Gallia County Jail following Monday’s hearing.

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