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Trio to face trial on drug charges

2 accused of trespass

Two men and a woman will face trial on drug trafficking charges stemming from a would-be break-in at a Butler home in May.

District Judge Pete Shaffer ordered the trio, which includes a man wanted in New York City in a homicide case, held for court at a preliminary hearing Monday.

Charged with trespass and criminal mischief are Glen Ray Carwell, 29, who has no known address; and Justin J. Ervin, 28, of Harrisburg.

Additionally, both men, who remain in the Butler County Prison, and Carwell’s girlfriend, 26-year-old Angela M. Smith of Butler, are all charged with felony and misdemeanor drug possession and conspiracy.

Smith is free on $30,000 bail.

Butler police Lt. Michael Dalcamo, the investigating officer, offered the only testimony at the hearing.

He said that police were called about 4:20 p.m. May 29 to a home in the 100 block of Wyle Avenue, where a couple there reported two men were trying to kick in the front door,

Brandon Graban and his girlfriend, Megan Grace, the occupants, did not recognize either man.

The suspects kicked in the home’s door but they never got into the house.

Dalcamo said police quickly answered the call and stopped the defendants’ attempted getaway on Gibson Street, not far from the house.

He said the trio was in a sport utility vehicle that Smith was driving. Carwell was riding in the front seat and Ervin was in the back seat.

The alleged victims later identified Carwell and Ervin as the two men who tried to break into their house.

Dalcamo said police later searched the SUV and found 118 stamp bags of heroin and a baggie of marijuana in the glove box.

“All three (suspects) denied knowledge of the Wyle Avenue incident and ownership of the drugs,” Dalcamo testified.

Their attorneys, on cross-examination, got the officer to acknowledge that police found none of the defendants carrying any drugs on them that night.

But, he said, the presence of the suspects in the vehicle containing drugs was evidence of a crime.

“I believe they were all engaged in a conspiracy to deliver heroin,” Dalcamo told Smith’s attorney, Nathan Lyle.

Carwell’s attorney Armand Cingolani, argued that because neither Graban nor Grace testified, there was no evidence to support the trespass or criminal mischief charges.

But Dalcamo noted hearsay is admissible at preliminary hearings under the rulings of the state Supreme Court as long as it is not the only evidence presented.

Police, meanwhile, learned Carwell was wanted on an arrest warrant for conspiracy to commit homicide that was issued April 4 out of the Bronx.

Extradition proceedings in that case are pending resolution of his criminal case in Butler.

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