Woman accused in overdose death seeks dismissal of case
NORRISTOWN >> A Hatfield woman accused of playing a role in the overdose death of an East Greenville man claims Montgomery County is the “improper venue” for her trial and that the case must be dismissed or moved to Bucks County, “the county with proper venue.”
“Not one of the alleged acts essential to the crimes charged occurred in Montgomery County,” defense lawyer Brie R. Halfond
wrote in court papers on behalf of Brenda L. McLaughlin.
Prosecutors alleged McLaughlin had a drug-related cellphone conversation with Jared Dameron on Aug. 3, 2018, and that Dameron then drove to Quakertown, Bucks County, to meet McLaughlin where she resided at the time. In one text thread, Dameron was directed to a West Broad Street location in Quakertown to complete the purchase of heroin or fentanyl from McLaughlin, according to the arrest affidavit.
Dameron was pronounced dead from a drug overdose involving fentanyl about 6:54 a.m. Aug. 7 at his Morris Road residence in East Greenville, detectives alleged.
On Aug. 15, undercover detectives engaged in text message communications with McLaughlin and on Aug. 16, McLaughlin was arrested near her then residence in Quakertown when she allegedly delivered five bags of a substance purported to be heroin to an undercover detective for $50, according to the criminal complaint.
During the alleged drug deal, the undercover detective spoke to McLaughlin about Dameron “and she admitted to that she was his supplier,” according to the arrest affidavit.
Halfond argued McLaughlin is accused of committing two drug deliveries in Quakertown, adding the drug deliveries are the overt acts essential to all of the crimes charged and that not one of the acts occurred in Montgomery County.
“The only connection with Montgomery County is the location of where Dameron was found deceased,” Halfond argued in court papers.
Therefore, Halfond argued, Montgomery County is the “improper venue” to prosecute McLaughlin and that “the matter must be dismissed” or, in the alternative, transferred to Bucks County, “the county with proper venue.”
Judge Risa Vetri Ferman will hold a pretrial hearing on July 31 at which the latest defense request might be addressed. Assistant District Attorney Matthew Brittenburg, who is prosecuting the case, will have the opportunity to respond to the defense request at that time.
Ferman previously scheduled McLaughlin’s trial to begin on Oct. 2
McLaughlin, 38, of the 2600 block of Woodstream Drive, Hatfield, faces charges of drug delivery resulting in death, possession with intent to deliver heroin or fentanyl, recklessly endangering another person and criminal use of a communication facility, in connection with Dameron’s overdose death. Relatives discovered Dameron dead in his bedroom.
“A search of the bedroom was conducted and a small amount of a white powder substance was located on top of a desk that was adjacent to the bed where Dameron was found,” detectives alleged in a criminal complaint.
An autopsy determined Dameron died from “acute intoxication by the combined effects of fentanyl, acetyl fentanyl and heroin,” according to a criminal complaint.
During the investigation, detectives seized Dameron’s cellphone and found drug-related text messages between Dameron and a female, identified in Dameron’s phone as “Lansdale Friend Brenda,” who allegedly was supplying him with heroin or fentanyl, according to the criminal complaint.
“Through investigative techniques and several law enforcement databases, the subscriber of this phone number was found to be Brenda McLaughlin,” detectives alleged. “It is important to note that no other drugrelated conversations were located in Dameron’s cellular telephone.”
In one text message McLaughlin allegedly asked Dameron “What did you need?” and Dameron texted, “Funds r low lol prob just one,” according to a criminal complaint.
“Our interpretation is she was asking him how much heroin and/or fentanyl he was looking to buy. We interpreted Jared’s response as a declaration that he did not have a lot of money and only wanted one bag of heroin and/or fentanyl,” detectives alleged.
Detectives questioned McLaughlin after her arrest and she admitted she sold Dameron either two or three bags of heroin/fentanyl on Aug. 3, according to arrest documents. McLaughlin allegedly told detectives, Dameron “was not a heavy user and only dabbled in the use of heroin and/or fentanyl.”
The charge of drug delivery resulting in death can carry a possible maximum sentence of 20-to-40-years in prison upon conviction. The charge is equivalent to third-degree murder.