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Butler Twp. man accused of selling meth

A Butler Township man, accused of selling meth, will head to trial despite claims that the two ounces found in his pocket was for personal reasons.

Out on $40,000 bond, Adam W. Mutz, 38, appeared for a preliminary hearing Thursday before District Judge Kevin O’Donnell.

At its conclusion, O’Donnell moved forward all charges against Mutz, including felony drug sales and misdemeanor counts of drug possession, marijuana possession, drug paraphernalia possession and DUI.

Though Mutz’s attorney, Michael Zunder, made no arguments regarding the felony drug charge, he questioned whether the alleged meth was for sale or personal use.

State Trooper Michael Torres testified that on May 2, he and his partner spotted Mutz’s vehicle parked and running in a parking spot at Sheetz, 356 New Castle Road, Butler Township.

He said while checking on Mutz, who was slumped over with his eyes closed, they saw drugs and paraphernalia in the vehicle. He said Mutz was detained and searched, which is when the suspected meth was found. The suspected meth was sent to a lab for testing, which has yet to conclude.

During Zunder’s cross-examination, Torres said he interviewed Mutz at the scene, and Mutz claimed the meth was for personal use. He said Mutz told him he used meth casually “a couple times a week,” usually on the weekends, and one ounce would last him about one year.

“He related that he buys in bulk,” Torres said.

Torres said the meth found in Mutz’s pocket was held in one large plastic bag, not individually packaged pieces. He said he did not find any other paraphernalia consistent with selling drugs.

Zunder asked Torres if the drug sale charge solely relied on the amount.

Torres said in his experience in law enforcement he has encountered both sale and possession cases of meth. He said the drugs found on Mutz look to be more consistent with sales.

“Usually you won’t find it in the large chunks that he had with him,” Torres said. “One to three grams would be a normal amount for possession.”

Torres said in addition to the meth in Mutz’s pocket, he also found a smoking device, a grinder, marijuana and meth crushed into a powder on the center console. He said all of the items were in plain view and prompted their investigation.

Torres said field sobriety tests later showed Mutz was impaired, and Mutz also submitted blood for testing. The blood sample also was sent to a lab for testing, which has yet to conclude.

Zunder did make an argument for the DUI charge to either be changed or dropped based on the lack of a lab result showing drugs in his client’s system, but Assistant District Attorney J.P. Kulzer said the charge did not need the results to move forward.

Mutz next will appear for formal arraignment in Butler Common Pleas Court.

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