Darnell Wynn

Moments before choosing a jury to hear a drug distribution case, a defendant entered a guilty plea in Butler County Court on Thursday.

Darnell A. Wynn, 37, of Butler pleaded guilty to felony possession with intent to deliver a controlled substance before Judge William Shaffer.

The plea agreement calls for a sentence of 18 to 36 months in state prison, 12 months consecutive probation, and fines and court costs.

He is scheduled to be sentenced on Nov. 2.

Wynn was initially charged with two drug delivery counts, felony criminal use of a communications facility, two misdemeanor possession of a controlled substance counts, and one count of possession of drug paraphernalia. The remaining charges will be dismissed as part of the plea.

The charges stem from an investigation by the state police after they say Wynn sold 1.54 grams of crack and a stamp bag of heroin to an informant during a $250 drug deal May 23, 2016, at West Brady and Broad streets.

Police said the informant set up the deal with an individual known as Dontae Smith, later identified as Wynn, according to the affidavit of probable cause.

The informant eventually got into Wynn's vehicle on North Chestnut Street. The driver was identified by police as Dontae Smith, known to officers through a Facebook profile, the document states.

The document states that Dontae Smith was later positively identified as Wynn using facial recognition.

Wynn's attorney, Public Defender Joseph Smith, had previously attempted to have the informant's identity revealed before trial, which was denied by Shaffer after a hearing on Sept. 6. Smith argued that the informant identified the defendant as Dontae Smith, and police were under the assumption that the transaction would be made by Dontae Smith, and was the suspect who was identified as Dontae Smith by police.

“They were under the belief that they were dealing with Dontae Smith and not Darnell Wynn,” he said.

It wasn't until 14 days later that police identified Wynn as the man through social media.

“On the face of this complaint, there is a great risk of misidentification,” he said. “This could be a wholly different person possibly or misidentified as Mr. Wynn.”

Assistant District Attorney Benjamin Simon argued that the officer positively identified the suspect through the investigation, and no evidence of misidentification had been presented at that hearing.

Wynn has been held in the Butler County Prison since March 10, when bail was set at $50,000. It was later reduced to $25,000 in May, and he continues to be held pending sentencing.