Man still in county prison despite order
Despite being granted a previous bail modification with the intention of being returned to state prison, an East Butler man will remain in county jail following the denial of a bail modification in an unrelated drug case Tuesday.
Andrew W. Lucas, 37, remains held in Butler County Prison on $100,000 bail on two felony counts of possession with intent to deliver a controlled substance and one misdemeanor count of possession of a controlled substance, after Judge William Shaffer denied the request.
The charges stem from an investigation by the Butler County Drug Task Force, which charged Lucas with drug distribution after allegations that he sold 10 stamp bags of heroin to an informant for $70 on May 19 on Oak Alley in East Butler.
Shaffer previously granted Lucas a modification on another case, in which Lucas was held on $10,000 bail on charges of misdemeanor endangering the welfare of a child, corruption of minors and possession of drug paraphernalia after an incident June 22, where police allege his girlfriend — Kasey R. Dischman, 30, of Butler — overdosed on heroin at the couple's home on Tenth Street in East Butler. Dischman was seven months pregnant at the time.
The charges against Lucas stem from the couple's 8-year-old daughter allegedly being present in the house at the time of the overdose, when he called 911 to report finding Dischman unresponsive in the bathroom.
When police arrived, Lucas allegedly lied about what happened to Dischman. He claimed she had a seizure disorder and said she did not use drugs, documents said. Additionally, he denied moving anything or destroying evidence, according to court documents.
That overdose prompted an emergency response, with Dischman giving birth via cesarean section and the baby, a girl, suffering “lasting injuries,” according to court records.
Lucas had been released on pretrial supervision by Shaffer in that case, with the intention of returning him to state prison on a state parole detainer to face parole violation allegations.
His attorney, Armand Cingolani, said he did not realize that the second pending case had bail attached and he failed to join the two cases for relief.
“He is being detained on both cases,” he said. “Yet he desires to go to state rather than stay here.”
Cingolani asked for a reduced bail such as the previous case, which would send Lucas back to state prison pending the outcome of his case.
Assistant District Attorney Laura Pitchford, who is prosecuting the case, argued that the bail should remain the same as nothing has changed since his arraignment.
“I don't think his preference on where he is housed is of any consequence,” she said.
Lucas is scheduled for a court hearing Jan. 17, with jury selection scheduled for the following day and trial to being Jan. 29.
