HOLLIDAYSBURG — A Blair County defense attorney filed paperwork requesting the dismissal of the third-degree murder charge against the city man implicated in the 2022 overdose death of 26-year-old Marlana Koehle.

Rickey Sharief Joyner, 45, is charged with single felony counts of third-degree murder, corrupt organizations, criminal conspiracy, dealing in unlawful proceeds, knowledge that property is the proceeds of unlawful acts, criminal use of a communication facility, three felony counts of conspiracy to commit possession with intent to deliver and 22 felony counts of possession with intent to deliver.

In a February hearing, court-appointed defense attorney Matthew Joseph McGregor successfully argued for the felony charge of third-degree murder be separated from the rest. When presiding Senior Judge Michael A. George of Adams County agreed to sever the murder charge, he ruled that the drug charges would be brought to trial first.

McGregor then filed a habeas corpus petition asking George to dismiss the murder charge due to insufficient evidence.

In the petition, McGregor referenced testimony given by Caitlyn Pingatore, 32, during Joyner’s preliminary hearing on Aug. 19, 2025.

Pingatore also faces charges for her alleged role in Koehle’s death, including single felony counts of drug delivery resulting in death, criminal use of a communication facility, criminal conspiracy to engage in possession with intent to deliver and two felony counts of possession with intent to deliver.

Pingatore had testified that Joyner gave her 10 pills, described as either percocet or oxycodone, to sell. Pingatore allegedly sold two of those pills to Koehle, who subsequently died of a fentanyl overdose.

McGregor wrote in the petition that the Blair County District Attorney’s Office didn’t present sufficient evidence to justify the charge — specifically that they did not present evidence showing Joyner acted with malice.

“Malice is an essential element of the crime of murder,” McGregor wrote. “The absence of evidence as to the existence of a material element, is fatal to a charge.”

To prove Joyner acted with malice, McGregor wrote that the DA’s Office would have to show Joyner “consciously disregarded an unjustified and extremely high risk” and displayed “a conscious disregard for almost certain death or injury.”

He simplified the DA’s argument, which stated that because Joyner allegedly engaged in drug dealing, knew the substances were inherently dangerous and did not himself have a prescription for percocet or oxycodone, he therefore must have known the substances were counterfeit and actually contained fentanyl.

McGregor described the argument as “non-sequitur” because case law standard “implies” Joyner would have to have “actual knowledge” to understand the danger of his actions.

“Absent such evidence, the court should find the Commonwealth failed to provide evidence of malice and dismiss the third degree murder charge,” McGregor wrote.

The DA’s Office has not yet filed a response to McGregor’s petition.

Joyner is scheduled for jury selection on June 2, with a two-day trial to commence on June 3 and 4.

Joyner has remained incarcerated at the Blair County Prison with bail denied since July 2025.

He was one of seven local residents taken into custody in June 2025 after a statewide grand jury investigation recommended criminal charges against them for running a suspected drug ring.

The drug-trafficking investigation began after Altoona police received a call in November 2022 for a suspected drug overdose.

On scene, they found a woman, later identified as Koehle, who had died of a multi-drug overdose that included fentanyl and cocaine. Police searched the area and found half of a blue pill and white powder, which were later tested and confirmed to be fentanyl and cocaine, according to the report.

The forensic pathologist determined the concentration of fentanyl in Koehle’s body was sufficient to have caused her death. He said fentanyl is 50 times more potent than heroin and 60 times more potent than oxycodone. He also indicated it isn’t surprising that an overdose occurs when an individual ingests what they believe to be oxycodone tablets, but in reality contains fentanyl.

Police and the pathologist noted Koehle lacked “track marks,” meaning she was not an intravenous drug user.

Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.