A search warrant issued out of Warren County, Ohio appears to collaborate allegations that government employees were caught on an audio recording device during and after the execution of a search warrant discussing local elected officials using illegal drugs and in which members of the prosecutor’s office were allegedly caught using racial language, including the N-word.
The shocking revelations put additional scrutiny as to why Muskingum County Court of Commons Pleas Judge Mark Fleegle retired abruptly roughly a week after Y-City News exposed that he had allegedly sealed those filings here with our local court; the search warrant application in Warren County collaborates the dates and other material information sources previously provided to our news organization.
The recording device was being held and analyzed by a firm out of Warren County for the defense when a detective with the Central Ohio Drug Enforcement Task Force (CODE) issued a warrant with a judge out of that county to retrieve the device for officials back here locally.
When comparing the statement of facts for the warrant released by the Muskingum County Prosecutor’s Office and the unredacted version released by Warren County, we discovered that prosecutors blacked out the section that confirmed that at least portions of the tape had been listened to and the location where the recording device was allegedly placed, confirming what multiple sources had previously told our news outlet.
When we began to reexamine this case of Dwight Taylor, the largest drug kingpin ever to be arrested in Muskingum County, many months ago, we filed a public records request requesting among other things any audio files from the case, this audio was not made available or acknowledge. While working to investigate these allegations, a member of the Muskingum County Prosecutor’s Office threatened to charge us for revealing the existence of these startling allegations, including against members of that very office; Sheriff Matt Lutz reiterated those threats, alluding that we would be arrested and prosecuted if we published these allegations.
Federal authorities, we are told, including former U.S. Attorney David DeVillers, were aware of the tape after complaints were made with the local FBI but no federal charges were brought. After leaving federal service, DeVillers was requested by the Prosecutor’s Office, approved by the Court of Common Pleas and paid for by the County Commissioners in multiple cases acting as a special prosecutor in what many are calling a payoff for keeping this matter among other cases out of federal court.
Dwight Taylor was arrested in early 2020 and was reportedly the largest drug dealer to ever be apprehended in Muskingum County. According to various information obtained by Y-City News, Taylor had been in the drug business since at least the early 1980s. Known mostly as a Cocaine dealer, in the early 90s he was arrested, ultimately pleading his case down to a Marijuana charge, and was sent to Belmont Correctional Institution; most of the files in that case no longer exist.
While out on shock probation, Taylor was caught up on a parole violation and placed in the Muskingum County Jail. A prior investigation by Y-City News found that within a week of his release, his longtime girlfriend, Deborah Kirsch, bought farm property from Jay Vinsel who was an assistant county prosecutor at that time. Recently retired Court of Common Pleas Judge Mark Fleegle was the county prosecutor, having hired Vinsel, while retaining ultimate authority over that case, he would go on to preside over the criminal docket of both Dwight Taylor and Deborah Kirsch.
When Taylor was again arrested in 2020, nearly 25 years after that property transfer, many questioned how Taylor was able to avoid apprehension, it has been alleged he was paying protection to those in power. Sheriff Matt Lutz and former Zanesville Police Chief Tony Coury spoke at a press conference following his arrest in April 2020 referencing the extensive investigation and techniques needed to take Taylor down – he reportedly ran a sophisticated operation, including the use of dead drops.
Many, including Taylor, questioned why the case never went federal, which ended with multiple Mexican drug cartel members also being taken down; a map produced in the case showed those cartel members delivered drugs all over the eastern half of the United States, causing drug prices to rise in various cities following their arrest and prosecution.
During our investigation, we discovered that Muskingum County Court Judge Jay Vinsel retained hunting rights on that property sold to Taylor’s girlfriend, a fact that prosecutors attempted to obscure in court documents. In an exclusive interview with Dwight Taylor, he told Y-City News that Vinsel was his ‘hunting buddy.’ In 2020, his case was initially filed in County Court and Taylor was arraigned in front of Judge Vinsel. Our investigation also found that Vinsel’s name had been whited out on at least one court document and Judge Scott Rankin’s name manually written in over where Vinsel’s name had been before the documents were handed over to our news organization. In a recorded jailhouse call with a relative, Taylor can be heard saying ‘I hit it lucky with the judge.’ That same judge, Jay Vinsel, allegedly offered Taylor a deal to reduce his two million dollar bond in exchange for $50,000 cash.
Taylor was eventually indicted and ultimately bound over to the Court of Common Pleas, docketed to Judge Mark Fleegle. While looking through Dwight Taylor’s case file and that of his codefendant and longtime girlfriend, Deborah Kirsch, we discovered a filing made by her defense attorney Jon Paul Ryan that was sealed the next day by Judge Fleegle.
Upon speaking to numerous sources, Y-City News was made aware of allegations that the filing contained evidence of racial remarks by prosecutors, including the N-word, allegations that elected officials use illegal drugs, including Cocaine, and that county funds are siphoned off for unknown unauthorized uses. These concerns were made by citizens reportedly to the local FBI which was under the authority of then U.S. Attorney David DeVillers for the Southern District of Ohio, the top federal prosecutor that decided what cases the FBI would further investigate and what cases would proceed to prosecution.
After leaving federal service, DeVillers was selected by the Prosecutor’s Office, approved by the Court of Common Pleas and paid for by the County Commissioners in two special prosecutions at a significant hourly rate when neighboring counties or the Ohio Attorney General’s Office would have done the prosecutions for free, in what many in the community have been referring to as a payoff.
The first, an investigation into the Superintendent at Tri-Valley Local Schools for allegedly helping cover up the sexual abuse of elementary-age children, and the second into a local drug dealer, Samuel Dejesus. In the case against Tri-Valley, Y-City News discovered that Neal’s defense attorney, Mark Collins, and DeVillers soon thereafter defended a Columbus doctor together in front of then Chief Judge Algenon Marbley of the Southern District. In the case against Dejesus, we discovered that his defense attorney, Samantha Pugh, joined DeVillers’ law firm, Barnes & Thornburg, and the two worked a special investigation together just months after the Dejesus case on behalf of Ohio Attorney General Dave Yost.
Many months ago, early into our investigation, we filed public records requests for various items, such as files and audio recordings, in both the case of Dwight Taylor and Deborah Kirsch. It wasn’t until the day after this reporter sat down with Taylor at Belmont Correctional Institution near St. Clairsville that it appears any work was done on our request. In fact, prior to that interview, months after our request had been filed with the Sheriff’s Department, but before our interview with Taylor, Sheriff Matt Lutz had told us that our request may need to be refiled with the Prosecutor’s Office, after our interview with Taylor, that issue was dropped. It would take another few weeks before a flash drive would be made available for pickup at the Sheriff’s Department with applicable records, however, it appeared to be missing a significant amount of information that was originally requested, including any audio or video files.
After various back-and-forth conversations, and the publishing of additional articles on the case, another flash drive was prepared for us that we were assured would have more of the information we originally requested. One of the folders on that flash drive was a collection of search warrants issued in the case, perplexingly, one was out of Warren County, Ohio.
Upon further examination, it appeared the warrant was for an audio recording device that was in the home of Deborah Kirsch, Taylor’s longtime girlfriend, and the location where he was arrested in April 2020. The warrant was issued by Detective Michael Patrick, a now 20-plus-year member of the Zanesville Police Department. According to the beginning of the warrant, Patrick was a member of the Central Ohio Drug Enforcement Task Force (CODE) and acting on behalf of that agency, which covers Licking, Muskingum, Perry, Coshocton and Knox Counties.
“The Central Ohio Drug Enforcement Task Force (CODE) conducted a criminal investigation into a subject by the name of Dwight Taylor regarding offenses that involved Trafficking in Drugs, Money Laundering, and Engaging in a Pattern of Corrupt Activity,” the beginning of the warrant reads.
The warrant goes on to state that during the execution of the search warrant on Kirsch’s home on April 6, 2020, along Green Valley Road in New Concord, that a total of $155,918.62 in US Currency, Cocaine and Marijuana was seized from the property. It lists that Kirsch, who owned the property herself, had also been charged with multiple felonies related to her boyfriend’s drug dealing.
“On June 9, 2020 the Muskingum County Prosecutor’s Office and your affiant, were made aware that Deborah Kirsch had a digital audio recording device that was located in her residence,” the search warrant reads. “This digital recording device was allegedly placed in the residence to capture Dwight Taylor committing infidelities in their relationship. It is believed that Taylor had no knowledge of the device. During this time, Kirsch was being represented by Jon Paul Rion from Rion, Rion, Rion LPA Inc. Dayton, Ohio.”
This particular date is critical for collaborating on previously reported allegations about what is reportedly on the tape which allegedly includes everything from the discussion of local elected officials using illegal drugs, like Cocaine, to the use of racial language by members of the Muskingum County Prosecutor’s Office, including the N-word, to what could constitute unbefitting conduct, potentially a sex crime offense. That was the same day that Kirsch’s attorney filed a motion in her criminal case that was quickly sealed the following morning by Judge Mark Fleegle; nothing was ever sealed in Dwight Taylor’s case or in the succeeding prosecution of the Mexican drug cartel members.
“All motions filed on June 9, 2020 in the above captioned case hereby hereby sealed,” a June 10, 2020, entry by Judge Fleegle reads on the online case docket viewer.
These allegations of racial epithets, including the N-word, came just mere days after the death of George Floyd, with protests popping up around the country – there was a concern that due to the timing, Zanesville would have been thrust into national attention over the tape.
In the following days, three subpoenas were filed by Kirsch’s attorney, Jon Paul Ryan, against Detective Mike Patrick, Detective Matt Wilhite and Investigator Bethany Hayes; the reason for the subpoena is not listed. All three were again residentially served with a subpoena on July 14, it’s unclear if that was for the same reason or something separate, again, a reason for the subpoena was not listed.
“On July 14, 2020, Detectives were made aware by the Muskingum County Prosecutors Office about the digital audio recording device containing hundreds of hours of audio,” Detective Patrick wrote in his search warrant later that month to Warren County. “The recording contained audio before, during, and after the execution of the search warrant of 12665 Green Valley Rd. on April 6, 2020.”
“On July 17, 2020, Defense Attorney Jon Rion advised the Muskingum County Common Pleas Court that the device was currently at Binary Intelligence located at 150 Industrial Drive Franklin, OH 45005, in the possession of Jim Swauger,” Detective Patrick continues in his search warrant application. “This lab has currently being reviewing the audio of said recording device for possible evidence in the case involving Kirsch.”
Those two search warrants, filed July 21, 2020, and July 22, 2020, with the Warren County Court of Common Pleas, respectfully, were nearly identical except the first was for the physical audio recording device and the second was for a forensic copy of the device; according to an inventory log from Binary Intelligence, the original audio recording device was picked up on July 20, the day before the company would be served with a search warrant.
“To this date, the Muskingum County Prosecutor’s Office and your affiant have only received small audio clips concerning the date of April 6, 2020,” Detective Patrick’s search warrant with Warren County continues. “While listening to these audio clips, it is apparent that this device was located in the master bedroom that was identified by Deborah Kirsch as being her bedroom. This being the same area that during the search, several thousand dollars of prerecorded buy money was located in various locations inside of the bedroom, including the purse of Kirsch. It should also be noted that if the nature of this device was apparent at the time of the search on April 6, 2020, that this device would have been legally seized pursuant to the search warrants executed on April 6, 2020. Your affiant believes that the additional recordings before and after April 6, 2020 will contain further evidence of Deborah Kirsch’s involvement with Dwight Taylor in Engaging in a Pattern of Corrupt Activity.”
“Your affiant assisted in the investigation of Dwight Taylor’s drug trafficking network beginning in May of 2019,” Detective Patrick continues. “Through the investigation, Detectives discovered that Taylor was involved in drug trafficking in Muskingum County for several years prior to the investigation beginning. Your affiant believes that the recording will provide corroborating information in reference to Deborah Kirsch’s illegal activities, and her knowledge of Dwight Taylor’s drug trafficking network leading up to April 6, 2020. Furthermore, the recording will corroborating evidence located during the execution of the search warrant executed on April 6, 2020 at 12665 Green Valley Rd., and could assist investigators in cooperating other information obtained after the search warrant was executed on April 6, 2020 up to the point the recordings end.”
In the copy of the search warrant obtained from the public records request out of Muskingum County, two lines of the search warrant were redacted: ‘While listening to these audio clips, it is apparent that this device was located in the master bedroom that was identified by Deborah Kirsch as being her bedroom. This being the same area that during the search, several thousand…’
It is uncertain why these two lines were redacted, the Muskingum County Prosecutor’s Office deferred a response to Muskingum County Sheriff Matt Lutz who said the sentences were redacted as they contain reference to an illegal wiretap, he chose not to further elaborate. According to established case law, individuals have a right to put such a piece of technology in their own home, including, for example, hidden cameras or audio recording devices. Various articles by Ohio news outlets can be found online detailing parents putting a hidden camera in their residence to catch a babysitter committing abuse or cops stealing money during the execution of a search warrant.
Our records request made much earlier this year asked for any audio files in either defendant’s case and we have yet to receive these aforementioned clips or the audio in its entirety, we have been told the flash drive containing the forensic image was destroyed in late 2020. According to Sheriff Department records, Detective Craig Knox was the only one to check the flash drive out of evidence before its destruction, his exact role in the tape’s investigation is unknown.
It’s also unclear how the audio clips submitted by Attorney Rion were delivered and if those clips have also been destroyed. Now retired Muskingum County Judge Mark Fleegle would not speak to us about the tape or why he sealed related filings made in his court. He retired roughly a week after Y-City News published our previous investigative article on him regarding the matter, his term didn’t expire until the end of 2026 though he was age-limited and ineligible to run for another term.
While investigating the search warrants filed with Warren County, this reporter reached out to numerous officials in that county and found many of them to be extremely open and transparent. Administrative Judge of the Court of Common Pleas, Donald Oda, quickly found the two search warrants by Detective Patrick and provided each unredacted. As the search warrants only cite a Judge Kirby as the judicial officer granting authority, and as there are two judges on the Court of Common Pleas by that same last name, court officials were able to determine that it was Judge Joseph Kirby of the Probate and Juvenile Division and not Judge Jeffrey Kirby of the Domestic Relations Court.
When questioned why the Probate/Juvenile judge had granted the warrants, Judge Oda explained that all five judges of the Court of Common Pleas in Warren County regularly execute search warrants, their county does not employ a rotating system where an assigned duty judge is the sole judicial officer during a set period of time to sign warrants. In Muskingum County, for example, both Judge Mark Fleegle and Judge Kelley Cottrill, of the General Division of the Court of Common Pleas, were each known to be accessible to sign warrants.
“Our county’s informal practice is that the law enforcement officer selects the judge which is generally initiated by a call, email or text,” Judge Oda wrote to Y-City News. “90% of the time it is a function of availability. One of our judges does not answer his phone very often, so he signs fewer warrants than the rest of us.”
Judge Oda also pulled data from the court system as to each judge’s respective number of warrants signed thus far in October and provided that information to our news organization. It collaborated that Judge Joseph Kirby does indeed regularly sign warrants at the same rate as those in the General Division. Judge Kirby chose not to speak with us but made a member of his staff available to answer questions. She informed us that he did not remember signing the warrants and that there were no responsive emails or texts with Detective Patrick.
Zanesville Police Chief Scott Comstock said he spoke with Detective Patrick and that he remembered calling the Warren County Sheriff’s Office detective bureau and speaking to a general case detective whose name he could not recall. Detective Patrick reportedly asked that detective questions about how judges in their county like search warrants to be written up and that detective said ‘get ahold of this judge, he’s usually available,’ that was Judge Joseph Kirby. Chief Comstock also said that Detective Patrick had been deputized by the Sheriff’s Department and was assigned to the joint narcotics division.
Warren County Sheriff Larry Sims, who began his law enforcement career at the Muskingum County Sheriff’s Office in 1978 – having served as a corrections officer, patrol deputy, detective, sergeant, lieutenant and captain before taking a position in Warren County, was also very open and transparent to our inquiry. Sheriff Sims along with his Chief Deputy Barry Riley, who will take over as sheriff in January, quickly searched their files and dispatch logs and verified that their Sheriff’s Department has no records that they provided any assistance to Detective Patrick nor were they requested to go along with him during the execution of the search warrant at Binary Intelligence. Franklin Police Chief Adam Colon also confirmed his department did not assist in its creation nor help serve the warrant.
Y-City News reached out to Muskingum County Judge Eric Martin of the Probate/Juvenile Court for his background on the matter as he often also signs warrants for local detectives, but he did not respond to our inquiry. Judge Martin is unofficially known as the judge locally to go to with a more politically confrontational search warrant or in cases when sensitivity is needed in drug prosecution investigations. When a search warrant was drafted up on Superintendent Mark Neal arising from allegations he helped cover up the sexual abuse of elementary-aged children, Judge Martin was who law enforcement first approached; after it became known that the judge’s brother-in-law was on the school board, another judge ultimately signed the warrant for the superintendent’s cell phone and other records.
When previously making these allegations about the audio device known to the Muskingum County Prosecutor’s Office, a member of that office sent a statement to this reporter alluding that we would face criminal charges for publishing what is allegedly on that tape, citing that it was the product of an illegal wiretap. That assistant prosecutor, who Y-City News is choosing not to name as it is not clear if he spoke with the authority of the office, we are told had previously been under federal investigation and was later reportedly given FBI protection and sent out of county for an extended period of time; federal authorities declined to comment.
During a recent Muskingum County Commissioner meeting, Muskingum County Prosecutor Ron Welch said that racial slurs are not used by those employed by his office but did not address the other allegations; he did not make the tape or transcript available to dispel the racial allegations.
Y-City News continues to investigate. Do you have additional information about this situation, other information you think our news organization should know about or want to bring our attention to a matter that needs investigating? We would like to hear from you. Contact us at (740) 562-6252, email us at contact@ycitynews.com or mail us at PO Box 686, Zanesville, Ohio 43701. All sources are kept strictly confidential.