A Warren County district judge has ruled that a man can be charged with drug delivery resulting in death, although the person he is accused of providing with heroin didn’t die.
21-year-old Destin Ecker of Tidioute is also charged with possession with intent to deliver and aggravated assault.
Police say they were called on March 21 for an unresponsive man and found Anthony Pollaro, along with nine unused syringes, one used syringe and a metal spoon with traces of what appeared to be heroin in it.
Court papers say that EMS workers had considered Pollaro dead, but they were able to revive him with Narcan.
At Warren General Hospital, Pollaro told police he got the heroin from Ecker in exchange for a ride to a gas station because Ecker’s car had run out of gas.
After getting Pollaro’s statement the Drug Task Force was able to get Ecker to agree to go to Buffalo to buy heroin from a dealer for $100. Court papers say he was arrested 5 minutes after agreeing to the deal.
District Judge Glenn Carlson ruled that, despite the fact that Pollaro survived, he was not going to dismiss a charge of drug delivery resulting in death because, had Narcan not been administered, Pollaro would have died.