Medina County Courthouse

Tuesday, March 29, 2011

Youngstown Man Found Guilty of Drug Possession by Jury

Mr. Carvillia J. Gilbert, Jr., of Rush Boulevard in Youngstown, Ohio was found guilty by a jury of one count of Drug Possession, a fifth degree felony following a two day jury trial. The charge arose out of a traffic stop on September 15, 2010 in Harrisville Township on IS 71 near the 208 mile marker. The drug involved was 886 grams of Marijuana.

Mr. Gilbert was a passenger in the car. The driver was also charged. Mr. Gilbert's attorney argued that while there was no doubt that the trunk of the car contained 886 grams of marijuana in two freezer bags, the State hadn't proved that Mr. Gilbert knew that the drug was in the car's trunk or that he had ever exercised dominion and control over the marijuana. The State argued that the circumstantial evidence introduced was sufficient for the jury to find that Mr. Gilbert had constructively possessed the drug. "Constructive possession" is recognized in drug possession cases.

Judge Kimbler continued Mr. Gilbert's bond and will impose sentence at a later date.

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