325 A.3d 844
Pa. Super. Ct.2024Background
- Jerrod Aaron Scott was convicted of drug delivery resulting in death (DDRD) and possession with intent to deliver (PWID) after Zack Savage died from a fentanyl overdose.
- Savage and Melissa Wandell planned together to obtain heroin; Scott became involved when Wandell's usual dealer was unavailable, offering to facilitate a drug purchase.
- Savage provided money which was given to Scott, who physically obtained and conveyed the drugs to Wandell, who acted as Savage’s agent.
- The group traveled together, making stops for other transactions, but key evidence showed Savage’s intent was to get drugs through Wandell, not to use or conspire with Scott.
- After using the drugs in a park, Savage overdosed and later died from mixed-substance toxicity; Scott was charged with various offenses, including DDRD and PWID.
Issues
| Issue | Scott's Argument | Commonwealth's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for "delivery" | Scott claimed as a co-user, not a dealer, he didn't deliver drugs to Savage. | Commonwealth argued Scott physically conveyed drugs to Wandell (as Savage’s agent), constituting a "delivery". | Sufficient evidence; conviction upheld. |
| Jury instruction on joint acquisition/use | Requested instruction to explain joint acquisition theory to the jury. | Argued facts and law did not warrant such instruction; Savage and Scott were not joint users. | No error in refusing the instruction. |
Key Cases Cited
- Commonwealth v. Murphy, 844 A.2d 1228 (Pa. 2004) (physical conveyance of drugs between people constitutes a "delivery" under Pennsylvania law)
- Commonwealth v. Metzger, 372 A.2d 20 (Pa. Super. 1977) (exchange of money not required for a “delivery”; only transfer between two people is necessary)