PORT CARBON - A Valley View man who allegedly sold drugs to a woman in a Minersville tavern in November and then reported himself to police had charges against him held to court during a preliminary hearing Thursday.
A short time later, Robert J. Fitzpatrick, 49, whose last known address was 1362 W. Main St., was taken from the courtroom of Magisterial District Judge David A. Plachko, Port Carbon, in handcuffs on a parole violation.
After a brief hearing that included testimony from only two witnesses, Plachko ordered charges of one felony count of delivery of a controlled substance and a misdemeanor count of possession of a controlled substance held for Schuylkill County Court.
Plachko continued Fitzpatrick's $20,000 unsecured bail but county Adult Probation Officers committed him to prison for violating parole on a preview drug charge.
Minersville police Patrolman Jeffrey Bowers charged Fitzpatrick after he sold eight prescription Clonazepam to a woman on Nov. 20.
Borough Patrolman Thomas Hoban told the court he was on duty when he received a message to call Fitzpatrick on his cellphone.
During the call, Hoben said, Fitzpatrick told him the woman wanted to buy drugs so he sold her several pills for $20.
Speaking with the Fitzpatrick in person, Hoben said the man told him the pills were a prescription ordered for him and that he wanted the medication back.
Hoben also said he spoke to the woman who handed the medication over to him. The medication, Hoben said, was wrapped the way Fitzpatrick told him it was and the amount of pills matched as well.
Under cross examination by Assistant Public Defender Paul Domalakes, Hoben recalled the man calling him to say the sale had already been made, not that a woman asked for the pills but the transaction was completed.
Fitzpatrick said that he reported the incident because he felt it was wrong for the woman to be buying drugs, Hoben said.
Bowers testified that Fitzpatrick is not working for the department as a confidential information and that he never had. He also said the woman who purchased the medication was not an informant either.
"She wasn't operating under my direction," Bowers said.
In closing, Domalakes asked Plachko to dismiss the charges, calling Fitzpatrick a man who "went the wrong way" in trying to help.
"He was trying to be a good citizen but in the wrong way," Domalakes said. "I don't think the charges should move forward."
Assistant District Attorney Robert Reedy told the court that Fitzpatrick did not have to sell the drugs but instead could have contacted police after being asked if he had drugs for sale.
Calling the case unusual in the fact that Fitzpatrick reported himself, Plachko said the commonwealth has "the body of the crime" and has proven a prima facie case.
"There's certainly enough evidence that Mr. Fitzpatrick did deliver a controlled substance," Plachko said.
