Shayne Emery

SLIPPERY ROCK — A West Liberty man accused of providing heroin that led to his girlfriend’s death in February is headed to trial.

Senior District Judge Joseph O’Donnell, filling in for District Judge Tim Shaffer, on Wednesday held 31-year-old Shayne Emery for court on charges of a drug delivery resulting in a death, delivering a controlled substance and conspiracy to deliver a controlled substance.

State police Trooper Adam Peth testified in a preliminary hearing Wednesday that he entered the Worth Township home of 21-year-old Brittany Lee Hays on Feb. 2. Peth found Hays deceased on the bathroom floor. He said a belt, two spoons, a razor blade, four stamp bags labeled “Theraflu” and a pink zipper bag filled with stamp bags labeled “Burberry” were found near her body.

Peth said he talked to Hays’ mother, who gave him Hays’ cell phone. Looking through the phone, Peth found a text from someone named “Shayne-O” saying that he had “Theraflu.” Another text showed a picture of “Shayne-O,” who Peth identified in the courtroom as Emery.

Peth testified he interviewed Emery on Feb. 3 at the state police barracks in Butler Township. There, Emery told troopers that on Jan. 31, he gave his sister, 29-year-old Amanda Emery of West Liberty, $400 to buy him heroin, which Amanda subsequently bought.

On Feb. 1, Peth said Hays gave Shayne Emery $60 and he provided her with four bags of heroin labeled “Theraflu.”

Also during the interview, Peth said Emery admitted he had heard of “Theraflu” heroin in the media and had heard it had caused some deaths.

Public defender Joe Smith, representing Shayne Emery, asked Peth if Hays died alone. Assistant District Attorney Ben Simon objected, saying the charge is on delivery of drugs, not whether Emery was present at death. O’Donnell overruled the objection.

When questioned by Smith, Peth said Emery bought both Theraflu and Burberry heroin on Jan. 31.

Smith asked what happened to the other bags. Peth said Emery told him Hays would dispose of bags in a pink zipper bag, like the one found near her body.

“Do you have any evidence that Burberry heroin killed her rather than Theraflu heroin?” Smith asked.

Peth said he cannot be exactly sure what drugs killed her. He said investigators were unable to get fingerprints from the bags, and DNA evidence was not tested.

Smith said Hays died of an overdose, but he said the exact drugs used are in question.

Simon said that would be a great question for a jury, but he said it is not appropriate for a preliminary hearing.

Smith said there still is a causal problem.

Simon said he disagreed, saying Peth demonstrated that Emery bought both Theraflu and Burberry heroin.

Amanda Emery, who is free on $25,000 unsecured bond, waived her hearing Wednesday. She is charged with delivering a controlled substance and conspiracy to deliver a controlled substance.

Shayne Emery remains in the Butler County Prison on $100,000 bail.