Kassandra Walker

Drug-related charges filed against a woman who allegedly suffered an overdose at a dental office and was later found with suspected drugs while being booked into Butler County Prison are headed to trial.

Kassandra L. Walker, 32, was charged with felony possession of a controlled substance by an inmate, two misdemeanor counts of possession of a controlled substance, possession of drug paraphernalia and summary public drunkenness after the incident at Butler Dental Associates on South Main Street on Oct. 19.

President Judge Thomas Doerr denied Walker's request to dismiss the felony and misdemeanor charges in a memorandum opinion and order issued April 20, following an April 5 hearing.

Walker, through her attorney Matthew Kalina, attempted to argue that she was immune from prosecution through the Good Samaritan Law. Doerr ruled that the law does not apply in the case because she refused medical treatment.

In his opinion Doerr writes that Walker was found by the hygienist manager, unconscious and lying on the floor in the back room of the business. Another individual called 911 and stayed with Walker until EMS arrived, who treated her with Narcan. She then refused further treatment, the document states.

In the affidavit of probable cause, police said several employees reported that Walker had been in the bathroom and lobby and began “nodding off,” and employees took her to the back room, out of concern for patients.

Walker was a patient of the clinic but did not have a scheduled appointment, the opinion states. She told police she was at the office to check on an appointment for her son, documents said.

Butler police also responded and it was soon found that there was an outstanding bench warrant for Walker issued Oct. 17, after she failed to appear for a court hearing in an unrelated shoplifting and drug possession case. She was then arrested on that outstanding warrant.

The opinion states that police asked if Walker had anything illegal, and she turned over syringes and stamp bags of heroin. She denied having any other contraband. But at the jail Walker was found with additional contraband.

Kalina argued that Walker is immune from prosecution due to the Good Samaritan Law, and regarding the contraband charge, “did not intend to take drugs into the jail,” according to Doerr's opinion.

In his ruling, Doerr said that the protections of the state's Good Samaritan Law only extend to information officers received as part of the overdose call.

“It is undisputed that law enforcement officers originally responded to the report of a drug overdose in which Defendant was in need of immediate medical attention, and the person who, in good faith, reported the drug overdose provided her name and location and remained with Defendant until emergency services personnel arrived ...,” fulfilling the requirements of the Good Samaritan Law. However, a section of the law “limits prohibition on charging or prosecuting a person if a law enforcement officer obtains information independent of the action of seeking emergency assistance,” Doerr's opinion states.

The opinion states that officers were not arresting Walker for the drug overdose, but instead for the warrant that was discovered.

“If medical treatment for Defendant had continued with admission to the hospital, she would not have been taken into custody. Independent of the actions of revival, upon learning her identity, the officer discovered the bench warrant on a prior offense. After the refusal of further treatment for the overdose, Defendant was arrested for the bench warrant at which point it was appropriate to ask for contraband ... officers became aware of the contraband because of the bench warrant, not because of the incident in which she was revived. The bench warrant for a prior offense is independent of the action of seeking or obtaining emergency assistance,” hence immunity does not apply.

“As to the contention that Defendant had not planned to go to jail and did not have the intent or inclination to take drugs into the jail, the Court finds no merit to this argument. There was an outstanding bench warrant on Defendant, and she was given the opportunity to turn over any illegal items on her person before being transported to the jail. Prior to being transported, Defendant chose to turn over some, but not all of the contraband in her possession.”

Walker continues to be held in Butler County Prison on $5,000 bail. She is scheduled for further court proceedings in May, with trial to start May 21.

Kalina could not be reached for comment.