LISBON — The prosecution filed an appeal recently to challenge the dismissal of a domestic violence charge against an East Liverpool man in Columbiana County Municipal Court.

Columbiana County Assistant Prosecutor Isabella Simon filed the paperwork with the Seventh District Court of Appeals over the Oct. 21 decision of Municipal Court Judge Kelly Linger in the case against Orlando Delvaughn Walker, 34, Pennsylvania Avenue, who was charged with one count of domestic violence.

The court entry by Linger included a notation that said discovery was requested July 1, but the state did not attempt to ascertain the video until Oct. 21. By that time, the video had been destroyed. Walker had been accused of allegedly grabbing a woman by the hair and striking her in the face June 22 in East Liverpool.

According to the criminal docketing statement by Simon describing the nature of the appellate case, “the trial court abused its discretion in dismissing a case without first determining the least severe sanction consistent with purposes of discovery.”

She also listed that as one of the probable issues for review, along with writing “the trial court abused its discretion in dismissing a domestic violence case without first determining whether the alleged failure to disclose was a willful violation of Criminal Rule 16, whether knowledge of the undisclosed material would have benefited the accused in preparation of a defense, and whether the accused was prejudiced.

Discovery is the term used for the sharing of evidence between the prosecution an the defense.

Robert McDowall of Youngstown was appointed as defense appellate counsel for Walker in the case.

In another appeal matter, an attorney for Christopher Brink, 45, Franklin Avenue, Salem, filed four separate appeals to challenge the sentences his client received in four separate drug cases. The sentences were issued by Columbiana County Common Pleas Court Judge Scott Washam.

Brink was sentenced recently to a total of four-and-half years in prison for the four cases related to his possession of methamphetamine. He was sentenced to 30 months in prison and given a mandatory fine of $5,000 for aggravated possession of drugs, a third-degree felony, with credit for 143 days served. A charge of aggravated trafficking in drugs was dismissed and he was ordered to forfeit $68.

He was sentenced to an additional 24 months in prison and given a mandatory fine of $5,000 for aggravated possession of drugs, a third-degree felony with credit fo 10 days served. He was also sentenced to 10 months in prison for aggravated possession of drugs, a fifth-degree felony, and six months in prison for aggravated possession of drugs, a fifth-degree felony, all to be served at the same time as the other sentences. He was ordered to forfeit $73. A charge of possession of defaced firearm was dismissed. The grand total was four and a half years.

Brink possessed methamphetamine in an amount equal or greater than bulk but less than five times bulk on July 8, 2024 and Jan. 13, 2023 and also possessed $46. He also possessed methamphetamine, a defaced firearm and $73 on Sept. 19, 2023 and methamphetamine on Sept. 5, 2023.

Two of the sentences were also ordered served consecutive to a 24-month sentence Brink already received in April for charges from two separate indictments, including having weapons while under disability, a third-degree felony, fifth-degree felony aggravated possession of drugs with a specification for forfeiture of money from a drug case, and tampering with evidence, a third-degree felony. He was ordered to forfeit $85 and charges of aggravated possession of drugs and drug paraphernalia were dismissed. Brink was accused of having a firearm on Dec. 6, 2023 while under indictment for a felony offense of aggravated trafficking in drugs and also possessing methamphetamine and $85 cash. On April 6, 2023, he was accused of possessing a plastic bag used for the storage of dangerous drugs during a traffic stop in Salem and allegedly crumpling and throwing a piece of evidence behind him while exiting the vehicle.

Defense attorney Damian Billak asked for the appointment of appellate counsel for Brink. An issue for review he listed was whether the sentence imposed was lawfully correct.

According to court records, attorney Aaron Miller of St. Clairsville was appointed as the appellate defense attorney for Brink.