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Drugs allegedly found in glove compartment

BUTLER TWP — It may not have been his car, but a Butler man could still be on the hook for drugs allegedly found in the vehicle's glove box.

Mausee S. Brown, 43, appeared for Thursday's preliminary hearing on two felony counts of possession with intent to sell and four misdemeanor drug charges.

The hearing was held before District Judge David Rishel, who filled in for District Judge Kevin O'Donnell.

Brown's attorney, Stephen M. Misko, argued for the withdrawal of the charges, citing an uncertainty with the timeline leading up to a March 31 traffic stop.

“I would demur the drug charges because they were in a car that wasn't his,” Misko said.

Brown is accused of traveling to Mount Chestnut to purchase a little more than 10 bricks of heroin.

According to charging documents, Brown, who was seated in the passenger seat, was with two other men in the Jeep. Neither of the other men has been charged related to the stop. The driver of the Jeep was also its owner.

Assistant District Attorney Terri Schultz argued that the charges still make sense for Brown.

Brown was seated in the passenger seat “within reach of the glove box,” Schultz said.

During testimony, Butler Township Officer Justin Hovancik said drugs and other paraphernalia were found inside a purple Crown Royal bag. Hovancik said he saw the bag while Brown was in the passenger seat retrieving the driver's information.

“It had been known to the (Butler County Drug) Task Force that Mr. Brown commonly carried his narcotics in a purple Crown Royal bag,” he said.

During cross-examination, Misko questioned that by pointing out that many people have been known to store drugs in and favor that brand of bag.

Misko also asked questions to further develop the timeline of events, which later would become the primer for his argument.

Based on further testimony, it was revealed that the stop occurred around 10:28 p.m., but officers first saw the Jeep traveling on Route 422 toward Mount Chestnut about 30 minutes earlier.

Hovancik said officers followed the Jeep to a small neighborhood, but stopped outside it to avoid being compromised while in close proximity.

He said that about 20 minutes later, the Jeep exited the neighborhood, and the traffic stop was initiated shortly after.

“You do not know who got out of the vehicle to purchase said substances?” Misko asked. “You don't know if a purchase was made?”

“Correct,” said Hovancik to both questions.

Despite raising these points, Rishel moved all of Brown's charges on to Butler County Common Pleas court.

Misko also asked that Brown's $250,000 bond be reduced to $50,000, but Schultz said Brown also was arrested the night of the stop because he had a pending bench warrant. She said she feared he would again fail to appear in court.

“That's what the warrant was for, for failure to appear,” Schultz said. “At this point, I'm satisfied with that (bond.)”

Brown will have a formal arraignment for his remaining charges June 8 in the Butler County Court of Common Pleas.

The bond remained the same.

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