Eugene Smith

A Lawrence County man charged in relation to a fatal overdose in 2016 withdrew his guilty pleas to drug distribution charges Tuesday in Butler County Court.

Eugene J. Smith III, 48, of Wampum, originally of Butler Township, withdrew his guilty pleas to two felony counts of possession with intent to deliver a controlled substance — heroin, before Judge William Shaffer. He will now be scheduled for further court proceedings and trial.

Smith was initially charged with two felony counts of possession with intent, one count of conspiracy, and two misdemeanor counts of drug possession. Another felony charge, drug delivery resulting in death, was later added. That charge — the equivalent of third-degree murder in Pennsylvania — carries a maximum sentence of 40 years in prison.

The charges stem from incidents on Sept. 3, 2016; Sept. 8, 2016; and in Adams Township on Sept. 8, 2016, following the death of 24-year-old Elizabeth Arblaster of Brady Township.

Police said Smith had sold Arblaster stamp bags containing the highly toxic combination of heroin and fentanyl on Sept. 2, 2016.

Smith's attorney, Kenneth Harris, said his client is claiming innocence on the charges to which he originally pleaded guilty on Nov. 9. That plea agreement called for a sentence of 15 to 30 months in state prison on each charge, bringing the total amount of state prison time to 2½ to 5 years, followed by probation, restitution, fines, community service and court costs.

Harris explained to Smith that if he is convicted of the drug delivery resulting in death charge, there is “potential for significant state time.”

Smith said he understood, and was voluntarily withdrawing his plea “because I didn't do it.”

“I did not give her that,” he said.

Smith said his former attorney, assistant public defender Joseph Smith, convinced him to plead guilty.

“I told him I was innocent,” Eugene Smith said. “He kept telling me to sign it, sign it, sign it. I didn't want to sign it because I'm not guilty, but he kept telling me to sign it, which is why I signed it.”

Joseph Smith later withdrew as attorney and Harris was appointed to represent Eugene Smith. Joseph Smith declined to comment following the proceeding, citing attorney client privilege.

Assistant District Attorney Benjamin Simon opposed the plea withdrawal.

The Butler County Drug Task Force filed the charges after the investigation into Arblaster's Sept. 3, 2016, death. Toxicology results found that Arblaster died of fentanyl and heroin toxicity, police said. She had nine times the lethal level of fentanyl in her system when she was found dead in the bedroom of a home on Stoup Road in Adams Township, where she had been visiting.

Several stamp bags of heroin, some marked “The King,” investigators said, as well as syringes and a cooking spoon were found in the bedroom, police said.

A search warrant was executed on Smith's Old Plank Estates apartment in Butler Township, and revealed evidence of a drug-dealing operation — dozens of bags of heroin and crack cocaine and more than $1,600 in cash, police said.

Seized in a back bedroom was a plastic bag containing 20 glassine bags of heroin marked “The King” and two baggies containing a “rather large” amount of suspected crack. Police believe Michael D. Burrows, 30, of Wilmerding, Allegheny County, who was also charged in relation to the incident, had been using that bedroom while staying at Smith's apartment.

Burrows is currently facing a federal indictment in relation to interstate drug trafficking. Police said Burrows has a prior federal court conviction for distribution of cocaine in West Virginia.

Smith remains free after posting $25,000 bail.