Reynoldsville man’s conviction upheld by Superior Court
Salada sentenced for drug charges after being found asleep at wheel
The Pennsylvania Superior Court has upheld the conviction and prison sentence of a Reynoldsville man who came to the attention of police in May 2023 when he fell asleep at the wheel of his van while parked at a convenience store fuel pump.
The Appeals Court stated that Justin Edward Salada, 39, had pulled into a Sheetz store in DuBois at about 3 p.m. on May 3, 2023, and parked at a gas pump.
He did not leave his vehicle for a period of 20 minutes and police were summoned.
Officers found Salada slumped over the wheel of the van, and noted a female passenger in the rear of the vehicle.
According to a summary of the case prepared by the trial judge, Salada became alert when an officer knocked on a window of the vehicle.
Police asked Salada to submit to a field sobriety test, and, according to the trial court, it was determined that he was not under the influence of "an intoxicating substance."
However, police opened the door of the vehicle to check on the safety of the female passenger. They wanted to determine if she was conscious and alert, noting that she "was trying to hide herself, or was otherwise incapacitated."
Upon opening the door, officers noticed drugs and paraphernalia "in plain view."
Further investigation revealed stamp bags containing methamphetamine, heroin, xylazine and fentanyl.
Salada and the passenger, identified as Tiffany Kurtz, were arrested and charged with multiple drug-related offenses.
Salada on Nov. 6, 2024, was found guilty by a jury of possession with intent to deliver both methamphetamine and fentanyl, possession of the two drugs and possession of drug paraphernalia that included baggies and straws and other items.
He was sentenced to consecutive terms behind bars totaling 54 months to 10 years on the possession charges. The sentences on the remaining charges were concurrent to the PWID charges.
The defense, led by Assistant Public Defender James Ryan Dobo of Clearfield County, appealed the Salada conviction, contending that the evidence of drug abuse found in the van should have been suppressed because police initiated a search without first obtaining a warrant.
The defense also argued that the evidence was not sufficient to prove that Salada intended to distribute the drugs.
Judge Paul E. Cherry rejected the defense arguments and the Superior Court panel that included judges Mary Jane Bowes, Carolyn H. Nichols and Megan King supported Cherry's reasoning.
Cherry, for instance, reviewed the police contact with Salada, noting the officers properly reacted to finding a motorist "slumped over his wheel."
He was initially asked to submit to a field sobriety test, and he was not arrested following completion of the test.
The officers opened the door to the car to check on the safety and well-being of the passenger.
It was then that the drug-related items were found.
Cherry found Salada's "constitutional right against unreasonable searches and seizures was not violated and (this court) did not err in denying the defense motion to suppress the evidence."
When it came to the weight of the evidence issues raised by the defense, Cherry explained the female passenger told the jury she had Salada pick her up "to buy drugs," but during the investigation Salada admitted some of the drugs in the vehicle were his.
"Moreeover, the stamp bags were found in an air vent next to the steering wheel," Cherry wrote.
Salada admitted to police that "he always drove Tiffany Kurtz to buy and later sell drugs," according to the trial judge.
Based on that testimony, the jury verdict on the charge of possession with intent to deliver does not "shock the court's sense of justice and (Salada) is not entitled to a new trial," Cherry stated.
After quoting extensively from Cherry's opinion, the Superior Court panel concluded, "Following our review of the record, we discern no abuse of discretion by the trial court."
Salada presently is serving his sentence at the State Correctional Institution in Forest County.
Kurtz entered pleas to a possession with intent to deliver, possession of illegal drugs and possession of drug paraphernalia.
Cherry sentenced her in March 2024 to confinement for 27 months to five years.