2 women headed to trial on drug charges
BUTLER TWP — Two women continue to be on the hook because of 90 grams of crack cocaine allegedly found in a vehicle they were in last month.
Co-defendants Rose M. Comly, 53, of Butler, and Derenda L. Diggs, 43, of Butler, both appeared virtually for separate preliminary hearings Thursday before District Judge Kevin O'Donnell. Both women are being held in Butler County Prison on $25,000 bond each.
Comly waived her right to a preliminary hearing, which sends her charges of felony possession with intent to sell and misdemeanor possession of drug paraphernalia to the Butler County Court of Common Pleas.
Diggs, on the other hand, requested a hearing on her charges of felony possession with intent to sell and misdemeanors of possession of a controlled substance and possession of drug paraphernalia.
At the request of Assistant District Attorney Robert Zanella, a new felony charge of criminal conspiracy was added to Diggs' list.
Trooper Francis Walter testified about the bust, which started with a traffic stop May 30. Walter said he noticed a 2020 Hyundai Veloster cross the fog line on Route 422 in Butler Township.
“I observed the operator as Rose Comly, who I've dealt with before as a suspended operator,” Walter said.
Walter said he conducted a traffic stop and found that Comly had a warrant out for her arrest in an unrelated case. He said she then gave permission to search the vehicle, which is when more than 3 ounces of crack cocaine was found behind the glove box.
“You pulled the box down, so it's not actually in the box, it's behind it,” Walter said.
During cross-examination, Diggs' public defender, Michael McFarland, drew attention to the lack of evidence that linked the drugs to Diggs.
According to Walter's responses, Diggs was picked up earlier that day in the borrowed vehicle, and when the drugs were found she made no comments about them. Walter said during Diggs' arrest, she willingly handed over a crack pipe, suboxone strips and a small amount of suspected fentanyl that she had with her.
At the conclusion, McFarland argued that the lack of evidence should result in the dismissal of the felony possession with intent to sell charge.
“It's not her vehicle,” he said. “She made no statement to these drugs. The evidence today doesn't indicate she had any knowledge of those drugs being in the vehicle, nor that she had any involvement with these drugs.”
Zanella said 90 grams is a large enough amount of drugs, and that it was clearly not for personal use. He said the prosecution should not need more to take the case to trial at the county level.
“The intent to sell is established by the weight of those drugs alone,” he said.
All four charges against Diggs, including the newly added conspiracy charge, were moved forward to the county level.
A formal arraignment for both women has been scheduled for Aug. 10.