Police say man tossed fentanyl into day-care yard

in Dayton, according to a criminal complaint.

The driver escaped but Franklin was apprehended more than eight blocks away.

The stop was part of a Dayton drug and crime blitz, the complaint said.

The complaint says that Franklin tossed $1,300 in cash, a bag, a digital scale with narcotics residue, eight cell phones, baggies and a bag of drugs that tested positive for fentanyl and acrylfentanyl.

“The suspected fentanyl was discarded by Franklin on a child day-care property where several small children were present,” the complaint said.

U.S. District Court Magistrate Judge Sharon Ovington ruled this week that Franklin be detained before trial. Franklin’s public defender, Kevin Schad, did not object to the recommendation of detention. Schad said the issue of bond might be revisited after he and his client deal with a state case.

Franklin was booked into the Montgomery County jail on Nov. 8 but released two days later. Two state counts were dropped but action on a parole violation is pending, according to online jail records.

Franklin was then booked into the Shelby County Jail on Nov. 16, according to online jail records. A preliminary hearing in the federal case is scheduled for next Thursday.

The count includes maximum punishment of 20 years in prison and a $1 million fine. Fentanyl is a Schedule II drug and acrylfentanyl — a highly potent analog of fentanyl — is a Schedule I controlled substance.

Surveillance video from a camera showed Franklin and the unidentified driver fleeing the vehicle and the driver had a handgun, the complaint said.

The complaint listed Franklin’s previous felony convictions: felonious assault with a deadly weapon in 2007; tampering with records, receiving stolen property and having an illegal weapon, all in 2011; and felonious assault with a deadly weapon in 2015.