Bulk of drug charges dismissed

Judge ruled single charge be forwarded to Blair County Court

HOLLIDAYSBURG -- The bulk of the drug-trafficking offenses filed in October against an Altoona man were dismissed Friday in a preliminary hearing where a defense attorney said the evidence failed to connect his client with the drugs, money or a bullet-riddled vehicle seized during a police investigation.

At the end of a two-hour hearing, Magisterial District Judge Daniel DeAntonio ruled that a single charge of possession with intent to deliver, filed against 33-year-old Jerrell S. Smith of Altoona, should be forwarded to Blair County Court.

In addition, DeAntonio forwarded several drug-trafficking charges against Stephanie B. Weyandt, 32, of Altoona, the owner of the bullet-riddled vehicle containing $62,000 in cash when searched in August. Her charges include corrupt organization, dealing in proceeds of an unlawful activity, possession with intent to deliver and criminal use of a communication device.

Smith and Weyandt were inside a residence at 300 Spruce Ave. in October when the Blair County Drug Task Force, Altoona police and agents with the state Attorney General's office conducted a search. Upon finding methamphetamine, crack cocaine and $2,000 in cash, police arrested both.

Altoona Police Det. Sgt. Christopher Moser testified Friday that after the vehicle search, police started an intermittent surveillance of 300 Spruce Ave.

Defense attorney Jason Nard of Pittsburgh, representing Weyandt, suggested through questioning that if police didn't watch the house constantly, there's no way to know who came and went. Nard also said there's no way to know when either defendant was last in the house before the search.

Defense attorney Shaka M. Johnson of Philadelphia asked Moser what linked his client to the house.

Moser said a pill bottle with Smith's name was found during the search of Weyandt's vehicle. Moser also said he believed there were items inside the house bearing Smith's name, but didn't know if any were collected during the search.

Johnson asked investigator Jarod Quist of the state Attorney General's office if he saw any pictures of Smith during the search of the house. Quist said he didn't recall any.

"I know there's no photographs of this man in the house because he doesn't live there," Johnson said.

Assistant District Attorney Katelyn Hoover told DeAntonio that the defense attorneys were raising questions more appropriate for an evidence suppression hearing.

She asked DeAntonio to send all charges to county court, referencing money and drugs found in Weyandt's vehicle and the drugs found three months later at 300 Spruce Ave. She also referred to evidence showing a cellphone Weyandt used was in the Brooklyn area of New York City on Oct. 20.

The next day, Hoover said, the phone is back in Altoona where police arrest Weyandt and Smith and seized 212 grams of meth and 20 grams of cocaine.

"That's a significant amount," Hoover said.

Mirror Staff Writer Kay Stephens is at 814-946-7456.