Drug death case bound over

The fiancee of a Warren man accused of third-degree murder acted as a witness against him on Wednesday during Central Court proceedings.

Jennifer Babic testified before District Justice Cynthia Lindemuth that her fiance, Randall Zaner, gave Dan Winwood a 75-mg fentanyl patch in exchange for a partial payment of $40. The couple accompanied Winwood to his bathroom, she said, where he prepared the drug for himself and injected it.

An autopsy performed in Erie by forensic pathologist Dr. Eric Vey determined that Winwood died on March 2 as a result of "combined drug toxicity," Warren County Deputy Coroner Stanley Titus testified.

Zaner faces charges of drug delivery resulting in death, unsworn falsification to authorities, and possession with intent to deliver a controlled substance. A charge of tampering with physical evidence was withdrawn.

Under Pennsylvania law, a drug delivery resulting in death charge is considered third-degree murder.

Babic faces similar charges, though she testified that she had been offered a deal in exchange for her testimony. The charges against her include criminal conspiracy/delivery resulting in death, unsworn falsification to authorities, tampering with or fabricating physical evidence, and criminal conspiracy/possession with intent to deliver.

She explained that she, Zaner, and Ron Feldbauer, went to St. Marys during the afternoon of March 2 to a pharmacy to have a prescription for fentanyl patches filled.

Babic said "the pharmacies around here did not have them available."

She testified that she paid a $3 co-pay in cash and picked up the order of ten 75-mg patches and put them in her purse.

They then went to Feldbauer's mother's house in St. Marys to get high, she said.

After that, the group went to a bowling alley and traded some of the fentanyl for some Oxycontin pills, a deal arranged by Feldbauer, Babic said.

She said fentanyl sells for $1 per milligram on the street.

On their return to Warren, they went to a local tavern to find Winwood, because he owed them money, she said, and they were told he was at his Fifth Avenue home.

Feldbauer drove to Winwood's house, dropped off Babic and Zaner and left, she said.

"Dan was drunk when we got there," she said, adding that he asked if they had any painkillers.

"He chose to get the fentanyl," she said.

Winwood gave a partial payment of $40 to Zaner, and Babic gave Winwood a patch, she said.

After he prepared and took the injection, Babic said she went back to the living room, and "packed a bowl of marijuana."

At that point, Winwood "started overdosing, his eyes went back in his head, he made this gurgling sound," Babic said.

"He was vomiting, we cleared out his mouth," she said.

Zaner administered CPR to Winwood, she said.

Feldbauer returned and helped Zaner get Winwood into a tub of cold water and ice to try to revive him, Babic said.

It didn't work. They pulled him out of the tub and Zaner continued to give CPR, she said.

"At that time, we knew nothing was working, so I called 911," she said.

Prior to the hearing, Zaner told the Times Observer, "I gave that guy CPR until (responders) came."

"I took all the drugs, put it in my purse, gave it to Ron (Feldbauer), and told him to leave," she said. "I didn't want people to know" about the drugs.

Zaner and Babic remained with Winwood until emergency responders arrived, she said.

Police took statements from the couple and then allowed them to leave, she said.

"Did Randy have any kind of ill intent toward Dan?" Zaner's attorney, Robert Greene, asked Babic.

"No, not at all," she said. "They were best friends."

"Did you give Dan the fentanyl to kill him?" Greene asked.

"No," she said.

"Why did you give Dan the fentanyl?" he asked.

"So he could get high," Babic answered.

Greene carefully questioned Warren Police Investigator Anthony Chimenti about the charges he filed against Zaner.

"Why did you charge Mr. Zaner with drug delivery resulting in death?" he asked.

"Through the investigation we found that he had brought the drugs to Mr. Winwood," Chimenti said. "He had bought the drugs, sold him the drugs and he died."

Greene asked Chimenti if he had evidence that indicated Zaner acted with malice toward Winwood.

"No," Chimenti said, "not that I have found."

Greene cited a Pennsylvania Supreme Court decision in stating that the charge of drug deliver resulting in death required an element of malice. He argued that the commonwealth's case did not establish malice and that the charge should be thrown out.

"We're talking about someone injecting a lethal drug," Warren County District Attorney Ross McKeirnan said. "(Zaner) delivered this drug to the deceased who injected them."

Lindemuth said malice, though perhaps not intentional malice, was established by Babic's testimony that Winwood was drunk when Zaner provided him with the drugs.

She ordered Zaner held for further court action.

Greene said he filed a motion to quash Lindemuth's ruling on the basis that the prima facie requirement of malice was not met.

Babic waived her opportunity for a hearing.

Arraignments for both Babic and Zaner are scheduled for July 30.