Thomas Tillman

The first jury conviction under District Attorney Richard Goldinger's “Not In My Backyard” initiative is being challenged by a Philadelphia man convicted of drug trafficking near Butler's police station.

During a Monday hearing presided over by Judge Timothy McCune, Thomas L. Tillman, 30, argued that the prosecution provided insufficient evidence to the jury during the trial Dec. 12 to convict him on charges of two felony counts of possession with intent to deliver a controlled substance — heroin and crack cocaine — and conspiracy to commit possession with intent to deliver.

Tillman was also convicted of two misdemeanor counts of possession of a controlled substance, one count of possession of drug paraphernalia and one count of possession of marijuana.

He was sentenced Jan. 18 to a total of 4½ to 15 years in a state correctional facility by McCune.

The motion for acquittal, filed Jan. 29, argues that the verdict was based on speculation alone, not on evidence presented during the proceeding.

“The Commonwealth presented no evidence to prove ... that the defendant engaged in any suspicious activity prior to the warrant's execution ... that any controlled buys were made from the defendant ... that any incriminating evidence was found on the defendant ... that any incriminating statement was made by the defendant ... that any agreement existed between Mr. Tillman and his alleged co-conspirators ... (and) that any indicia of occupancy concerning the defendant were found in the residence where the drugs were seized,” the motion states.

Tillman's attorney, public defender Charles Nedz, said “what we simply have is a man who is present at the scene where drugs are found.”

“The defendant was found with no contraband, nor did he have any cash on hand that was linked to any of the controlled buys executed by the Commonwealth,” Nedz said in a brief in support of the motion. He continued, saying “the location of the defendant's arrest was not his home.”

He said no testimony had been presented to the jury that Tillman was involved in the drug sales, and that no testimony had been delivered that the drugs were packaged for sale.

Goldinger argued that a few days before the incident, Tillman interacted with police in a traffic stop, stating that he was staying at the apartment where he was found, and while Tillman was never involved in the controlled drug purchases, he was still present in the home.

“We presented evidence that he was circumstantially involved in this ... with the totality of all the evidence,” he said.

His memorandum of law filed in support of his argument states Tillman was staying at the apartment, controlled drug purchases were made from the apartment and Tillman was found there when the search warrant was executed.

In the same room in proximity to Tillman was a box containing more than 200 stamp bags of heroin and 21 individually packaged rocks of crack cocaine.

“The defendant's argument that he was only guilty of being in the wrong place at the wrong time is simply absurd and laughs in the face of reality,” the memorandum states.

McCune has taken the arguments under advisement, and will issue a written order later.

Tillman was charged alongside two women — Mary P. Boring, 28, and Jennifer E. Thomas, 27 — following a drug distribution investigation into an apartment on the 200 block of North Washington Street, near the city police station, between April 18 and May 4.

Police said it was believed that Tillman and Thomas were dealing drugs out of one of three apartments at the two-story house. Boring, whose boyfriend is the sole tenant, is accused of allowing them to deal there.

Following a pair of controlled drug buys in April and May by the Butler County Drug Task Force, a warrant search was conducted. Police found between 230 and 240 bags of suspected heroin, 22 individually packaged rocks of crack, a small amount of marijuana, drug paraphernalia including a scale and 70 to 80 syringes, $187 in currency and two cell phones, according to court documents.

Boring was sentenced Sept. 28 to 12 to 36 months in Butler County Prison after pleading guilty to two felony counts of possession with intent to deliver a controlled substance — heroin and cocaine — and one count of conspiracy Sept. 6; and Thomas was sentenced Jan. 4 to 11½ to 23 months in Butler County Prison followed by two years probation, after pleading guilty to felony possession with intent and conspiracy Dec. 6.