The preliminary hearing for a man police say tried to take $50,000 worth of heroin from a city apartment while officers awaited a search warrant has been pushed back a month.
Donald L. Carey, 29, of 507 Fourth St., third floor, appeared in Central Court Wednesday for the hearing but it was postponed until August 11. Carey's attorney, David Shrager of Pittsburgh, objected to moving ahead because only one of the four Altoona police officers involved in his client's arrest was in the courtroom.
Blair County Assistant District Attorney Peter Weeks said he had no objections to Shrager's request.
"The court recognizes his right to perhaps call, at the defense's request, any and all officers involved in this incident," Magisterial District Judge Jeffrey P. Auker said.
Shrager was unsuccessful at getting the $150,000 cash bail, an amount he called extreme, lowered for his client. Auker agreed with Weeks' argument that the large amount of drugs alleged in the case, Carey's lack of employment and his tenuous ties to the area made the Brooklyn, N.Y., native a flight risk.
Carey was arrested May 29.
Police said they allegedly found 1,276 packets of heroin with an estimated street value of between $30,000 and $50,000 at the apartment he shared with Danielle M. Stossel, 23, after her arrest that night for allegedly selling nearly a half-pound of marijuana to a police informant. They also said they found 40 grams of crack cocaine with a reported value of about $4,000.
Police said they saw Stossel send Carey a text message alerting him that officers were going to search their apartment while she was in a police interrogation room. When Carey arrived at the apartment, the officers were already waiting outside and detained him as he tried to leave with a bag he retrieved from the living room, court documents state.
Stossel waived her preliminary hearing on multiple drug delivery and possession charges on June 30 and faces trial in Blair County Court.