SMETHPORT — Officials are getting closer to potential trials for three charged in the 2015 overdose death of a Bradford man.
Facing criminal charges are James A. Luper Jr., 44, of Erie; Larry W. Shroyer Sr., 46, of Bradford; and Rachel L. Reid, 28, of Bradford. They are accused of delivering a mix of butyrfentanyl and heroin to George Duke Jr., 25, who was found deceased in his bedroom Nov. 13, 2015.
President Judge John Pavlock is scheduled to oversee a hearing Aug. 16 on whether cases for all three defendants should be consolidated into one trial. Meanwhile, Pavlock has denied a request by one of the three to have the case heard before a jury in a different county.
It is unknown whether all three plan to have their cases go to trial.
Shroyer stated at his last day to plea conference that he wanted a jury trial.
In McKean County, the last day to plea is generally the final day that a negotiated plea agreement will be accepted, if a plea agreement is even being offered by the district attorney’s office.
Luper has a last day to plea set for Thursday, and Reid has one set for Sept. 20, according to court records.
At the time Shroyer entered his plea, District Attorney Stephanie Vettenburg-Shaffer said there was no active plea agreement for him, as a previously offered agreement had required early cooperation from Shroyer that she said he did not provide.
At 3 p.m. Aug. 16, Shaffer will have an opportunity to present her argument for why trials for all three should be held at the same time, while attorneys for the defendants will be able to argue why they should have separate trials.
Luper is represented by Bradford lawyer Daniel Lang, Shroyer by Ridgway lawyer John Thomas and Reid by Ridgway lawyer Christopher Martini.
In June, Lang filed a change of venue request, which Pavlock denied on Wednesday.
The venue change request asserted four reasons the case should be heard in a different county: there have been several articles in the newspaper on the case, there have been other newspaper articles on drug overdose deaths in general, Luper is an African American man with connections to Buffalo, N.Y., and Erie, and Duke “was the son of one of the most influential persons in McKean County.”
In his order, Pavlock indicated that his concern for the newspaper articles did not rise to the level of necessitating a venue change, and prejudice could be identified in the jury selection process. He ordered that prospective jurors complete additional written voir dire questions.
Regarding articles about overdose deaths in general, Pavlock wonders, “whether there is another county in Pennsylvania not facing drug overdose deaths and corresponding media reports about them where, in accordance with the standard suggested by the defense, a jury could be fairly selected?”
Also, Pavlock researched the assertion that an African American man could not get a fair trial in McKean County “could not locate any cases where jury selection in a county was excluded due to ethnicity percentages.”
Regarding Duke’s family connections, Pavlock stated that “it would be premature, at this point, to assume bias” prior to the jury selection process.
Testimony given at a preliminary hearing on the allegations indicated that Luper and Reid lived together in a home where she worked for Luper selling drugs. Shroyer, who was a daily customer of Reid, allegedly delivered a strong mixture of heroin/butyryl fentanyl to Duke.
