THE FRANKLIN COUNTY, OHIO MUNICIPAL COURT CRIMINAL DIVISION STATE OF OHIO, Plaintiff, vs. i CaseNo. 18 CR A.002676 QUENTIN LAMAR SMITH, Defendant. : Sudge Paul Herbert - 4D STATE’S MOTION TO DETAIN THE DEFENDANT IN THE FRANKLIN COUNTY JAIL WITHOUT BAIL PENDING TRIAL Now comes the State of Ohio and pursuant to Section 2937.22, Ohio Revised Code, respectfully moves the Court for an order that detains the defendant in the Franklin County Jail pending trial without bail or bond for the following reasons: the defendant is charged with Aggravated Murder in connection with the homicides of two on duty Westerville police officers, Anthony Morelli and Eric Joering. Those charges make the defendant death penalty eligible and if specifications are included in the indictment he would not be eligible for bond under Article I Section 9 of the Ohio Constitution. Further,the defendant has a prior felony conviction for Burglary as a Second degree felony and it was illegal per se for him to possess the firearm with which he committed these Murders. That conviction resulted in a prison sentence. This defendant is a danger to the community and has no respect for the law or officers of the law and should be held without bond under the terms of the statute. The State seeks an order holding the defendant without bond as he is a danger to the community and otherwise meets the requirements of the statute to be held without bond. See Section 2937.222 ORC, copy attached. For the above reasons the defendant is a threat to thecommunity and should not be released on bond pending preliminary hearing, indictment and trial When a defendant shot an officer serving a search warrant and was shot by the suspect an order of detention without bond was upheld in Stare v. Derrick Foster 08AP-523, 2008-Ohio- 3525 (Franklin County Court of Appeals, 10" Appellate District, Rendered 7-15-08). More recently, just last year three defendants in serious cases were ordered held without bond. Lincoln Rutledge, who shot and killed an on-duty police officer, was ordered held without bond, Case No. 16 CR A 007800, Brian Golsby faced a potential capital indictment 17 CRA-3038 and was held without bond; as well as Rayshon Alexander, who sold drugs that resulted in multiple drug overdoses and two deaths, was found by the court to be a danger to the public, Case No. 16 CR A 015715. Therefore, because this defendant faces potential capital charges and has proven he is a threat to the public safety the State requests that the defendant be held without bond herein, Respectfully submitted, RON O'BRIEN Prosecuting Attorney Franklin County Courthouse 373 South High Street Columbus, Ohio 43215 (614) 525-3555 robrien@franklincountyohio.gov Altomey for State of Ohio MEMORANDUM IN SUPPORT OF MOTION Section 2937.22, Ohio Revised Code, copy attached, sets forth the reasons that support the court in issuing an order that the defendant be held without bail or bond and detained in the Franklin County Jail pending trial.The State will present such reasons at a hearing to be scheduled by the Court pursuant to the statute and relies on the motion, statute, and Foster decision cited above as authority to detain the defendant without bail. Respectfully Submitted, Ron O'Brien 0017245 Prosecuting Attomey CERTIFICATE OF SERVICE A copy of the foregoing motion was emailed to Mitch Williams and Cathy Kurila of the Public Defenders office and will be delivered to Defense Counsel on February 20" 2017 at the initial appearance in Franklin County Municipal Court, as other counsel is presently unknown. RON O'BRIEN Ron O'Brien 0017243 Prosecuting Attorney