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A Blair County judge has refused to drop charges of drug delivery resulting in death filed last year against a Westmoreland County man who helped facilitate a drug deal that led to the death of a former Patton resident.
The victim in the case was identified by state police in May 2020 as Travis J. Charney, 31, who was a native of Patton but was resident of Massachusetts at the time of his death.
Charney's body was found in a home on Sylvan Oaks Drive in Frankstown Township on Aug. 15, 2019.
After the death, the victim's brother provided police with four empty glassine packets bearing the logo "Transformers" that were located in a bag in Charney's car.
Police were able to determine that two other deaths from packets stamped "Transformers" had occurred in western Pennsylvania two days prior to Charney's death.
In reviewing messages on Charney's cellphone, police found that the victim had been in communication with an individual he referred to as "Scooter," and that the two of them had arranged to meet in Latrobe.
Investigators traced the telephone number for "Scooter" to someone referred to as "CG."
Charney family members were able to identify Christopher H. Gunter, 29, of Loyalhanna, as someone the victim knew.
A consensual phone call by a family member under Pennsylvania's Wiretap Act led to Gunter's admission that he and Charney had met and traveled to Blairsville where an exchange of drugs occurred.
A forensic pathologist, Dr. Kevin Whaley of Windber, performed an autopsy on the victim and determined he died from an overdose of fentanyl, heroin and mitragynine.
State police charged Gunter with drug delivery resulting in death; criminal use of a communication facility, possession with intent to deliver and recklessly endangering another person.
Gunter's attorney, Jeffrey W. Miller of Johnstown, in pretrial petitions, challenged the charges.
Blair County Judge Jackie Atherton Bernard held hearings in January and February.
During the hearings, the defense argued that the government's evidence does not show that Gunter actually delivered the drugs to Charney, but only made the arrangements for him to purchase the fentanyl-laced heroin.
Bernard, in her 15-page opinion, concluded the defense argument "ignores the defendant's responsibility under conspiracy and/or accomplice liability theories..."
"Defendant's argument must fail," she stated.
In discussing the case, the judge said testimony by the forensic pathologist, Whaley, indicated that any of the three drugs found in Charney's system -- fentanyl, heroin or mitragynine -- could have caused death.
She said the testimony showed Gunter was aware the drugs were illegal, emphasizing that he used "drug jargon" in the telephone conversation with Charney (the term "squares" to represent the plastic bags and the word "bun" to represent bundles of heroin).
Bernard pointed out also that Gunter didn't want Charney to come to his home because he didn't want a drug deal observed by "the kids."
The judge ruled the government presented enough evidence to take the case to trial.
Bernard stated that the defense has raised additional pretrial questions.
She stated she will need one more half hour hearing to address those questions prior to taking the case to trial.