Motions argued by attorneys Thursday in Butler County Common Pleas Court in advance of a June 23 trial centered around the destruction of evidence in the 2022 drug possession case.

Dillon James Trice, 34, of New Bethlehem, Clarion County, is a co-defendant in the case facing a felony charge of possession of a controlled substance and two misdemeanor charges of possession of a controlled substance filed by state police.

Trice was one of two passengers in a vehicle police pulled over June 17, 2022, on Route 28 in Buffalo Township charged with possession of significant quantities of controlled substances.

Defense attorney Zachary Coblentz argued in support of several motions he filed, including one to bar testimony from Trooper Clayton Lehmeier about why a state police corporal and Butler County District Attorney Rich Goldinger instructed him to destroy the evidence.

Lehmeier testified at a preliminary hearing in January that he was instructed to file the form necessary to destroy evidence in a number of Cpl. Jeremy Bowser’s cases due to his retirement, Coblentz said. According to one of the motions that was filed Thursday, Lehmeier testified he completed the paperwork to destroy the evidence under the mistaken assumption that no charges had been filed.

Coblentz said the corporal testified he sent Lehmeier instructions to destroy the evidence and Lehmeier testified he received an email about destroying the evidence and discussed it with the corporal and Goldinger.

Coblentz asserted it would be hearsay if Lehmeier is allowed to testify about what the corporal and Goldinger told him.

Assistant district attorney Robert Zanella said he plans to ask police about how the evidence was destroyed. He also claimed the testimony does not qualify as hearsay.

Judge Joseph Kubit said he believes someone will have to explain the destruction of the evidence and Coblentz may take issue with how the destruction was handled during the course of the trial.

Another motion dealt with instructions that will be given to the jury about how they are to consider evidence that is no longer available.

Zanella said existing instructions address that issue.

Kubit said he wants both attorneys to submit proposed jury instruction no later than June 22. He said he then will prepare a draft of the instructions and the attorneys can seek changes as the trial proceeds.

Trice was a back seat passenger in a vehicle. Another passenger, Todd William Cessna, 39, of Shelocta, Indiana County, pleaded guilty to a felony charge of possession with intent to deliver in September 2024 and is serving a 4-10-year sentence in state prison.

According to police, Cessna was found in possession of 227 bags of heroin/fentanyl and more than 11 grams of cocaine, codeine and alprazolam tablets. Police said Cessna admitted to selling the heroin for $8 a bag and $60 per bundle and the cocaine for $100 a gram.

Trice was found in possession of 120 bags of heroin/fentanyl and a bag of crystal meth, police said. He told officers he did not use heroin when he was arrested.

Trice pleaded guilty to at least one of the charges against him in March 2025, but he withdrew the plea later that year, according to court records.

The jury for the trial was selected Wednesday.