Overdose death suspect loses bid on evidence
A judge denies a motion from Pottstown man to prevent a jury from hearing evidence of a fatal drug delivery.
NORRISTOWN » A Pottstown man accused of delivering a fatal dose of methamphetamine and opioids to a Lower Pottsgrove man has lost his bid to prevent a jury from hearing statements he allegedly made to detectives during the investigation.
Ronald Charles Purvis’ request was denied by Montgomery County Judge Risa Vetri Ferman who determined Purvis’ statements were legally obtained by investigators and can be heard by a jury when his trial gets under way later this year.
Purvis, 32, of the 300 block of East High Street, faces charges of drug delivery resulting in death, involuntary manslaughter, recklessly endangering another person, tampering with evidence, possession with intent to deliver controlled substances, possession of drug paraphernalia and obstructing the administration of law in connection with the March 30, 2017, overdose of Kevin High, 29, who died at Purvis’ apartment.
An autopsy determined High, of Lower Pottsgrove, died of combined drug intoxication of fentanyl and methamphetamine, according to court papers.
Purvis, through his lawyer Carrie L. Allman, claimed his March 30 conversation with Pottstown police should be suppressed as trial evidence because he was not provided Miranda warnings, was in police custody, was subjected to interrogation “and was directly asked questions about an ongoing investigation which were designed to elicit an incriminating response.”
During the interview, Purvis and detectives, according to testimony, discussed who could be at fault for the overdose death and Purvis allegedly stated, “Yeah, but what about the person that gave it to him?”
Assistant District Attorney Kelly Lloyd argued the statements provided by Purvis were not products of illegal arrest, custody or detention because Purvis was not in custody at the time and Miranda warnings were not required. Purvis controlled the length of the interview and when he was finished he left the police station under his own power, clearly indicating he was not in custody, Lloyd maintained.
Judge Ferman agreed with prosecutors.
“Considering the totality of the circumstances surrounding defendant’s questioning by detectives from the Pottstown Police Department on March 30, 2017, the court concludes that the defendant was free to leave and was not in custody,” Ferman wrote in an order filed on Tuesday. “The court finds that his statements were voluntary and are not subject to suppression for lack of Miranda warnings.”
Allman also sought to suppress all evidence collected from Purvis’ apartment, including surveillance video footage. Allman suggested three search warrants obtained between March 30 and April 3 were
“overly broad.”
But Lloyd argued the search warrants were supported by sufficient probable cause.
“Upon review of the affidavits of probable cause attached to the search warrant applications, the court finds that there was probable cause to support the issuance of the warrants,” wrote Ferman, denying Purvis’ request to suppress evidence seized during the searches. “The court finds that the search warrants were not overbroad.”
Purvis remains in the county jail in lieu of $500,000 bail while awaiting trial.
The investigation determined High went to Purvis’ apartment during the late afternoon of March 29. At that time, Purvis allegedly gave High a bag, which usually contained heroin, and a metal container, which usually contained methamphetamine, and High ingested the contents of the bag and container, according to the criminal complaint.
Witnesses who had been in and out of Purvis’ apartment around the same time told detectives High immediately began acting differently. High began talking more slowly and then passed out and his breathing became irregular and there was a “weird sound, like a snorting kind of sound in the back of the throat,” according to the arrest affidavit.
Purvis allegedly attempted to take High’s pulse and even placed a blood pressure cuff on High as he sat on a couch. Another visitor to the apartment doused High with a glass of water and slapped him to try to wake him up, detectives said.
Purvis also placed an electric dog collar on High’s arm, neck and face. When Purvis allegedly shocked High with the dog collar witnesses saw High’s muscles “twitch” but High did not wake up, according to the criminal complaint.
While High was overdosing, Purvis asked a neighbor to help move High out of the apartment and they moved High into the hallway. Purvis, accompanied by two women, then “went shopping at the Walmart in Pottstown,” according to the criminal complaint.
When Purvis and the women returned to the apartment they noticed High was pale, had no pulse and was not breathing, according to the arrest affidavit. Purvis allegedly told the women they would call 911 but say that High had been up and moving around when they went to Walmart.
Detectives alleged Purvis also destroyed videotapes from cameras he had installed in his apartment in an attempt to cover up the crime and hinder the investigation.
If convicted of drug delivery resulting in death, Purvis could face a possible maximum sentence of 20 to 40 years in prison.