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Guilty pleas withdrawn; case will head to trial

Delaware County man faces charges

A 21-year-old Delaware County man withdrew his guilty plea to two misdemeanor charges, opting instead to head to trial for all six original charges, including two drug felonies.

On March 5, Shamar Grant pleaded guilty to possession of a controlled substance and providing false identification to law enforcement. In the plea agreement, prosecutors dropped two counts of felony possession with intent to deliver, one count of intent to possess a controlled substance and possession of marijuana.

The offenses to which he pleaded carried a state prison sentence of one to two years, according to the defendant's lawyer, Charles Nedz.

But before Grant was sentenced, a hearing was held Monday before county Judge William Shaffer on Grant's request to withdraw his guilty plea. Grant did not appear in court for his hearing Monday. In the meantime, Grant remains in Butler County Prison on $100,000 bail.

Even if Grant paid the bond, Nedz said that a probation detainer in Philadelphia for a separate case would prevent him from being released. In Philadelphia, Grant was sentenced to one to two years of incarceration followed by three years of probation after pleading guilty on Jan. 29, 2018, to robbery-threat of serious injury and a conspiracy robbery charge.

But he allegedly violated his probation and, as of June 29, his probation violation hearing is pending. When the terms of release from incarceration are violated, a hearing is scheduled to determine a punishment and resolution. But in Grant's case, a hearing hasn't been held, triggering Philadelphia's probation office to alert law enforcement statewide to put Grant in jail if they find him. Known as a detainer, Philadelphia's probation office has a hold on Grant pending the resolution of his Butler case.

Butler County Assistant District Attorney Ben Simon did not oppose Grant's request to withdraw his plea, allowing the original charges to be reactivated.

“He's maintaining his innocence,” Nedz said, adding that Grant intends to take the case to trial.

The detainer was triggered after Butler police arrested Grant in a car Oct. 23 in the area of North McKean and East Penn streets. Officers ordered him out of the vehicle, which was occupied by two other passengers. He was searched, documents said, and was found with $310 in currency and a small amount of suspected marijuana.

Police said they also seized a pill bottle that was in the vehicle. They believe the bottle belonged to Grant. In the bottle, documents said, were six capsules containing suspected heroin and 12 individually wrapped bags containing a combined 10 grams of suspected crack.

Each of the capsules, according to police, held the equivalent of about 10 stamp bags of suspected heroin.

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