December 18, 2014

Elyria
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Judge rules Kush can’t reopen in Elyria

ELYRIA — A Broad Street business shut down after police raided it twice in an investigation over sales of illegal drugs there has been ordered closed permanently.

A worker boards up the building that housed Kush on Broad Street in Elyria on Feb. 20 after a police raid.

Common Pleas Judge James Miraldi granted a injunction Wednesday to keep Kush closed.

During a 10-minute hearing, Miraldi ruled the business cannot operate again in its former location — now boarded up — at 306 Broad St.

The ruling also prevents the business from operating in any location in the city, the judge said.

Prosecutors did not offer new evidence or statements before Miraldi’s ruling.

Ricardo Pamplin, an employee of the store working during the Dec. 19 raid, appeared in court without his attorney, Zachary Simonoff.

At one point, Pamplin appeared as if he wished to say something, but Miraldi advised him not to, pointing out that any statements Pamplin might make could be used against him in a separate criminal case involving charges stemming from the raid.

Police said they found drugs, money and a number of guns, including an AK-47 assault rifle during the December raid. An earlier raid occurred in Novembe 2011.

Business owner Dave Jones also faces charges related to the raids.

During a city inspection on Feb. 20, police said Jones was found to be openly smoking marijuana.

Kush has been boarded up since February the inspection found unsanitary conditions in the store and the apartments above.. The city of Elyria’s Building Department condemned the building.

Jones, Pamplin and the building owners also have been named in a city lawsuit.

Contact Steve Fogarty at 329-7146 or sfogarty@chroniclet.com.