Colby Nicholas

A hearing is pending for a suspected drugged driver who Butler police say tried to swallow crack cocaine after officers found him slumped over the wheel of a car earlier this month at Ritts Park.

Colby E. Nicholas, 34, of Butler Township is charged with resisting arrest, tampering with physical evidence, driving under the influence of a controlled substance, and possession of a controlled substance and drug paraphernalia.

A call about 10 a.m. April 5 for a “smashed up” car sent officers to the park, police said. Nicholas was unresponsive in the driver's seat and the key was in the ignition and in the “on” position.

Police noted that the back window of the vehicle was broken out.

The defendant eventually came to, police said, but he seemed confused. Officers asked him three times to get out of the car.

As Nicholas was finally getting out, police said, officers noticed what appeared to be a rock of crack fall onto the driver's seat. They also saw a drug smoking pipe in his right hand.

“Nicholas then reached with his left hand and picked up the crack,” according to charging documents, “then proceeded to attempt to place the crack into his mouth.”

The officers grabbed him, police said, and a struggle ensued before the suspected crack fell down. Police recovered it as well as the pipe he had in his hand.

Additionally, documents said, police found suspected cocaine in a cellophane wrapper that was inside the driver's door.

Police later took Nicholas to Butler Memorial Hospital for a blood test. Toxicology results showed he had cocaine in his system.

His preliminary hearing is set for July 20. Online court records did not list an attorney for him.