Creagh convicted on probation violation

MARION – Eric Creagh was convicted of violating his probation nine minutes after the hearing began.

The Monday afternoon hearing found that Creagh had violated the first rule of his community control sanctions that he obey all laws of the state of Ohio. He will serve the remaining two years of a seven-year sentence for assault.

Creagh was convicted in 2008 of felonious assault with a firearm specification and released in April 2013.

Chief probation officer Jennifer Miller testified on the June 10, 2015, search of two properties belonging to Creagh, where the Drug Enforcement Administration said two firearms, $60,000 in cash and a kilogram of a heroin-fentanyl mixture were seized.

Creagh, who had been released from probation weeks before, had not told the probation office that he owned the two properties, Miller said. While he was released from drug testing and visits with a probation officer, he was still required to obey state laws.

Because of his felony conviction, Creagh was not allowed to buy or possess a firearm. Marion law enforcement alleged that he was the city's "kingpin" in the sale of blue drop heroin after his arrest and reportedly found the dye needed to color the drug at both properties.

Police said they believe fentanyl-laced heroin, like the product Creagh allegedly possessed, led to at least two overdose deaths since May 20.

At the hearing, Kevin Collins, Creagh's court-appointed attorney, attempted to cast doubt on whether Creagh knew about the firearms and narcotics by asking Miller whether they were found on his person or just in the residences he owned.

According to the DEA's arrest affidavit, one of the firearms — a loaded Ruger handgun — was found between the mattress and bedspring of the bed Creagh slept on at 296 Waterloo St.

Miller, the sole witness in the case, was on the stand for just under four minutes.

"We had to show ... clear and convincing evidence that he violated his probation," county Prosecutor Brent Yager said.

A probation hearing has lower evidentiary rules than a regular criminal trial, Yager said, allowing the prosecution to just have Miller testify instead of bringing in additional officers.

Collins declined to comment after the case, citing Creagh's ongoing trial in federal court. In that case, federal court records show that Michael Freeman, assistant U.S. attorney, requested additional time to secure a grand jury indictment, also on Monday.

Creagh was initially charged with one count of possession with intent to distribute heroin and one count of being in possession of a firearm.

Creagh declined to offer a statement to the court or testify in his defense, and rarely spoke throughout the hearing.

shickey@marionstar.com

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