Dischman could face new charges
Additional charges are being pursued against a woman who is accused of overdosing on heroin while pregnant.
The charges, misdemeanor endangering the welfare of children, corruption of minors and possession of a controlled substance, were outlined in a motion to amend the case against Kasey R. Dischman, 30.
She was initially charged with felony aggravated assault of an unborn child following her alleged June 22 overdose.
The motion states that the amended charges are supported by facts included in the police report, specifically that Dischman's young daughter was also present in the home at the time of the overdose, and that a hypodermic needle was found following the incident.
“The Commonwealth avers that the testimony presented by (Pennsylvania State Police) Trooper Brian Knirnschild of the overdose incident further establishes grounds and justification for this amendment to the criminal information,” the motion, filed Wednesday by prosecutor Assistant District Attorney Laura Pitchford, states.
The motion is seeking a new preliminary hearing to address the proposed charges for the amended information, but no hearing has yet to be scheduled.
Judge William Shaffer previously denied a habeas corpus motion filed by Dischman's attorney, Public Defender Joseph Smith, which attempted to have the felony charge dismissed, arguing that the criminal statute under which she is charged — the Crimes Against the Unborn Child Act — contains language that expressly exempts pregnant women from prosecution for harming their own unborn children.
Smith said Friday that he plans on refiling the argument as an omnibus pretrial motion following Dischman's formal arraignment.
“The judge denied the initial motion without prejudice, and we will be refiling,” he said. “It is ripe for disposition should the Commonwealth continue to proceed on that specific charge.”
Regarding the additional charges, Smith said that “if the Commonwealth continues to pursue this case, then so will we.”
Dischman was 7 months pregnant at the time of the alleged overdose, causing her to undergo a cesarean section and deliver a baby girl prematurely, police said. The baby required life support for at least a week and police said the girl will suffer lasting injuries from her exposure to heroin, police said.
Police said the incident began when Dischman injected a bag of heroin found beneath her couch, before overdosing on the floor of her bathroom. She was later found by her boyfriend and children's father, 36-year-old Andrew Lucas.
He called emergency personnel claiming Dischman was suffering from a seizure or other injury. Lucas denied any drug activity at the home, police said. Lucas was recently charged in relation to the incident as well.
Dischman was taken to Butler Memorial Hospital, where she went into cardiac arrest, before being flown to UPMC Mercy Hospital in Pittsburgh and subsequently placed on a ventilator. While there, blood work determined that opioids were in her system and she was then transferred to UPMC Magee-Women's Hospital in Pittsburgh, undergoing the emergency C-section.
Following her arrest, Dischman was resentenced to six months in the Butler County Prison, where she is also being held on $500,000 cash bail in this case, for a parole violation stemming from the overdose, which police allege occurred just over a week after she had been released from the facility for serving time on a felony retail theft charge.
Dischman is scheduled for formal arraignment on Aug. 22. Messages with the District Attorney's Office were not returned as of press time Friday.
