Two criminal cases against a Buffalo, N.Y., man were bound to McKean County Court at a preliminary hearing Wednesday before District Judge Dominic Cercone.
Dwayne A. Higgs, 37, of 101 Kehr St., is accused of a drug delivery in April, as well as with trying to steal evidence of the delivery from a police file after his arrest.
He is charged in the first case with possession with the intent to deliver a controlled substance and conspiracy to deliver a controlled substance, both felonies; criminal use of a communication facility, a third-degree felony; and possession of a controlled substance, a misdemeanor; and he’s charged in the second case with tampering with records, a first-degree misdemeanor; and theft by unlawful taking, a third-degree misdemeanor, court records stated.
According to court records, on April 28, Higgs negotiated the sale of .52 grams of crack cocaine to a confidential informant with the McKean County Drug Task Force. The sale was allegedly planned with the use of a cell phone.
On Oct. 21, Higgs was in police custody for allegations of drug trafficking, and a Bradford City officer took Higgs into the interview room at the station to question him about the alleged sale on April 28, as well as a second alleged sale on Oct. 20, court records allege.
Higgs told the officer he did not want to talk to him about the allegations, and the officer went out in the hall for less than two minutes to talk to another officer.
When the officer returned to the interview room, he found Higgs had moved two case files relating to him and was reading a “highly confidential” statement from a confidential informant; also, documents about the alleged drug sale in April were missing from the file, court records stated.
The officer accused Higgs of taking the documents, and Higgs replied “Ok you caught me” and pulled out documents that had been folded small so he could conceal them, court records indicated.
Court records stated, “These documents were critical evidence documents that were PSP lab reports” for the alleged April 28 drug sale. “Losing these documents would be critical to the case prosecution.”
Higgs remains incarcerated in McKean County Jail in lieu of a total of $35,000 for both cases.
Assault charges against Eldred man bound to court
Aggravated assault charges against an Eldred man have been bound to McKean County Court.
The charges against Eric J. Page, 40, of 1421 Artline Road, were bound at a preliminary hearing Wednesday before District Judge Dominic Cercone.
Page is charged with aggravated assault, a second-degree felony; simple assault and resisting arrest, both second-degree misdemeanors; and disorderly conduct, a third-degree misdemeanor, court records stated.
According to court records, at 1:12 a.m. Nov. 5, Bradford City Police were called to the emergency room at Bradford Regional Medical Center for an assault on a staff member. Police learned that a female staff member was trying to draw blood from Page, when he allegedly grabbed her thumb and twisted it, injuring her.
When officers subsequently tried to arrest him, he engaged them in a physical altercation, court records stated.
Page is free, having posted $20,000 bail.