Woman not guilty in drug death

A Schuylkill County jury on Tuesday found a New Ringgold woman charged with giving a lethal dose of fentanyl to a Coaldale man not guilty of that charge.

But the jury, after deliberating about two hours, did find Kayla M. Leibowitz, 29, guilty of delivery of a controlled substance, criminal use of a communication facility and possession of a controlled substance for giving drugs to George Dougherty, 25. Dougherty died of acute fentanyl toxicity on March 9, 2017.

Leibowitz was also tried on possession of drug paraphernalia and four counts of possession of a controlled substance stemming from a traffic stop on June 21, 2017.

President Judge William E. Baldwin deferred sentencing pending a presentence investigation.

Leibowitz remains free on $25,000 cash bail.

Earlier in the day, Dougherty’s mother, Jane Mickonis, said that regardless of the outcome of the trial, the fact that it was held “shines a light” on the impact of selling drugs that kill people.

Mickonis, who found her son’s body in the basement of their Coaldale home, said she hoped the trial would deter dealers.

On Tuesday, public defender Paul G. Domalakes called Leibowitz to testify.

Leibowitz readily admitted to having given Dougherty four packets of heroin because, she said, he was “dope sick” and needed them. The two had exchanged messages via Facebook Messenger on March 7-8, 2017.

The March 7 messages involved Dougherty, who had been released from a drug rehab the previous December but relapsed, asking her if “I could get something one last time” and Leibowitz replying that she would “see wut I have.”

Then, “I can do 4 tix,” she responded.

The two then discussed payment.

There were additional exchanges on March 8, but none mentioning drugs.

Contradicting the testimony Monday of arresting Coaldale Police Chief Keith A. Krapf, Leibowitz denied even having seen Dougherty the day before his death. She also claimed Krapf did not give her a Miranda warning before they talked, and said she didn’t remember having hydrocodone pills on June 21.

She also said that it was Krapf who first mentioned Dougherty’s name when the two talked about the investigation in his death.

Krapf had testified on June 21, 2017, he spotted Leibowitz riding in a car in Coaldale. He stopped the car and took her into custody because she was wanted on a warrant from Carbon County.

A pat-down revealed 13 waxed paper packets containing a white powdery substance, one marked “pablo escobar,” bags of pills and a bag containing a crystalline substance, a spoon, rubber bands, packaging material and $488.

The packets tested positive for fentanyl. The pills were hydrocodone, and the crystalline substance was methamphetamine.

A corrections officer at Carbon County prison removed two envelopes containing heroin and methamphetamine from Leibowitz’s bra.

In the back of the cruiser, after waiving her Miranda rights, Leibowitz and Krapf talked. When he said he was investigating a drug delivery resulting in death, and had printouts of their conversations gotten from Dougherty’s cellphone that implicated Leibowitz, she mentioned Dougherty’s name and said, “I figured this was coming.”

Krapf testified he had not mentioned Dougherty’s name before she did.

Leibowitz said she was surprised Dougherty had died, Krapf testified.

According to Krapf’s testimony, Leibowitz told him that Dougherty had come to her house the night of March 8, 2017, and they had used heroin. He went home “not even high” she said, with two of the four bags she had sold him.

On the witness stand Tuesday, Leibowitz said it was on March 7, 2017, that she gave Dougherty the four packets of heroin. They used the drug at her house, with Dougherty leaving just after midnight with two packets.

Although she exchanged messages via Facebook Messenger with Dougherty on March 8, 2017, she never saw him and did not give him any drugs that day, she testified.

The trial began on Monday, with Berks County District Attorney Colin R. Boyer, with Assistant District Attorney Matthew A. Thren calling to testify several witnesses, including forensic toxicologist Edward J. Barbieri, who testified that Dougherty’s blood had a lethal amount of fentanyl.

The jury started deliberations at about 3 p.m. Tuesday. At 4:30 p.m., they asked Baldwin to explain the four elements of the charge of drug delivery resulting in death.

Baldwin said the elements were that the defendant had to have delivered a controlled substance to the victim; that the defendant had done so intentionally; that the controlled substance was illegal, and that the victim had died as a result of using that controlled substance.