Dellich has hearing in 2 drug-related cases
SLIPPERY ROCK — A judge moved all eight charges facing Daniel J. Dellich to a higher court Wednesday, despite calls from his defense attorney to drop at least one.
Dellich, 44, of Boyers appeared in a preliminary hearing for two drug-related cases Wednesday afternoon. His hearing was held in District Judge William O'Donnell's court in Slippery Rock, but Senior Visiting Judge Pete Shaffer presided over the hearing due to O'Donnell suffering a recent injury.
Al Lindsay, Dellich's lawyer, peppered a state trooper with questions about the specifics of police investigations. He eventually called for a charge related to the theft of a box trailer to be dropped and questioned the credibility of drug charges, but Shaffer opted to move them all along in the court system.
“I don't think there's enough evidence,” Lindsay said. “I think they still have to establish probable cause.”
The larger of Dellich's two cases involves a box trailer reported stolen from Texas, illegally owned handguns and a substance allegedly identified by police as methamphetamine. The other case dates back to March, when Dellich allegedly sold meth to a police informant.
A state trooper in Troop D's vice unit involved in Dellich's arrest testified during the hearing. The Butler Eagle's policy is to not identify such officers due to the nature of their assignment.
The trooper said he spotted a box trailer attached to Dellich's truck in May, two months after the police informant incident. The trailer's plates and VIN matched a trailer reported missing to police in Texas in December. The resulting investigation led to meth being found in the truck and a garage, the trooper said. A Ruger .44-caliber revolver, a Ruger .357-caliber revolver and two long guns were also found in the garage. Dellich said he bought the handguns with cash, but couldn't remember from whom, police said.
Lindsay asked who had reported the trailer stolen in Texas, and the trooper said he didn't have the exact information in front of him, but that he'd provide it later that day. Lindsay then asked Shaffer to toss out the charge.
“There's got to be some evidence that the trailer was stolen to hold him on that charge,” Lindsay said.
Assistant District Attorney Russ Karl, the case's prosecutor, said Lindsay was setting the bar too high for such an early stage in the court process.
“No, we didn't prove this beyond a reasonable doubt,” Karl said. “But we didn't come here for a jury trial today.”
Karl said Dellich offered a flimsy explanation when interviewed by police about the trailer. The trooper noted that Dellich said he must have forgotten to return it to its owner.
“All he could say is, 'Well, I forgot to return it,'” Karl said.
Lindsay also asked several questions about the meth allegedly found in the trailer investigation. He questioned whether police could properly identify the drug. Lab tests are still pending.
“There needs to be some credible evidence besides a police officer saying, 'It looks like meth to me,'” Lindsay said.
Shaffer didn't offer a retort to Lindsay, but he said he would retain all the charges, and succinctly ended the hearing.
Dellich faces felony charges of possession with intent to deliver a controlled substance and receiving stolen property, plus misdemeanor charges of possession of a controlled substance and drug paraphernalia as well as the unlawful sale or transfer of a firearm.
He was released in May after posting a $50,000 bail.
