Judge tosses out plea bargain

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GREENFIELD — A teen accused of dealing heroin told a judge during his sentencing hearing Thursday he hadn’t committed the crime local investigators alleged, forcing officials to toss out the plea agreement the man already had signed.

Kysharius Davis, 19, of Michigan, was arrested in December on felony charges related to drug possession and dealing narcotics, records show.

Police officers stopped a car in which Davis was a passenger and found bags of heroin and pills, large amounts of cash and a handgun inside the vehicle, according to court documents.

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Davis was scheduled to plead guilty Thursday in Hancock Circuit Court to a Level 3 felony count of dealing a narcotic; he’d previously signed a plea agreement that called for him to serve a 10-year sentence, four years of which would be spent in prison.

During routine questioning by Judge Richard Culver, however, Davis said he wasn’t dealing drugs in Hancock County as investigators had said.

A car in which Davis was riding was pulled over for speeding along County Road 800W near the intersection with County Road 300N, officials said.

Officers smelled burnt marijuana coming from the car and proceeded to search the vehicle with a drug-sniffing dog, court records state.

The K-9 found bags of narcotic drugs inside the vehicle, along with a handgun and drug paraphernalia, court documents state.

Police found 15 cellphones, nearly 10 grams of heroin, bags of prescription painkillers and more than $5,000 cash inside the car, court documents state.

Davis and the driver of the car, Turner Ashe, 29, of Indianapolis, were arrested and each charged with a Level 2 felony count of dealing a narcotic drug; a Level 4 felony count of possession of a narcotic drug; a Level 4 felony count of dealing a controlled substance; and a Class A misdemeanor of carrying an handgun without a license.

Ashe’s case is pending in Hancock Circuit Court.

After Deputy Prosecutor Marie Castetter relayed to the judge the report from the police officers who arrested Davis, Culver asked the defendant if the allegations were true.

“Were you down here to deal heroin?” Culver asked the teen.

“No, your honor,” Davis replied. “I wasn’t dealing, for sure. I know that.”

The statement forced Culver to deny the pending plea agreement and set the case for trial next month, though Culver encouraged both sides to reach an agreement.

James Corley of Indianapolis, who represents Davis, did not comment in court on the changes in his client’s case.

Davis remains in the Hancock County Jail, where he is being held on $30,000 bond.