In Greensburg yesterday, a district judge bound for trial all of the drug-related charges against one of two IUP students but dropped most of the charges against the other.
22-year-old India Denise McMiller of Nixon Avenue, Indiana will face trial on charges of manufacture, delivery, or possession with intent to deliver a controlled substance, along with conspriacy, two counts each of possession of a controlled substance and possession of drug paraphernalia, plus criminal use of a communication facility. However, Judge James Albert ruled that the prosecution did not have the evidence to try 24-year-old Justin King of Water Street, Indiana on most of those same charges, so he dismissed them. King will be tried for conspiracy and possession of a small amount of marijuana.
Driving a rental car, the couple was pulled over for failing to use their turn signal on New Alexandria Road in Greensburg on October 23rd. Officer Kerry Dieter told the judge he’d been told about drugs being sold out of a white Chevy Malibu, which was what McMiller and King were in, and Dieter saw a plastic bag of suspected marijuana. Two thick marijuana cigarettes were found in a door compartment and a half-pound of marijuana was later found in a bookbag in the trunk. King also had over a thousand dollars on him. Dieter also testified that an analysis of McMiller’s cell phone found numerous references to drug deals.
The judge dropped some of the charges against King because, his attorney said, the prosecution could not prove he had control over the bookbag in the trunk.