The Herald, Sharon, Pa.

Local News

August 20, 2012

Federal judge permits evidence in drug-gun case

By Joe Pinchot Herald Staff Writer

FARRELL — A federal judge denied a motion to suppress evidence in a drug and gun case, setting the stage for a Sept. 24 trial, should the parties not reach a plea deal.

Raymond A. Napolitan, 49, was indicted June 28, 2011, by a federal grand jury with possession of nearly 2 pounds of cocaine with intent to deliver and possession of 21 guns in furtherance of a drug trafficking crime stemming from a June 29, 2007, search of his former home in the 200 block of Hamilton Avenue, Farrell.

 Napolitan is sitting in a state prison serving 5è to 11 years for sexually assaulting a woman June 24, 2007, at his former  Hamilton Avenue home, and chasing her Sept. 22, 2007, through the streets of Sharon.

The victim in those cases also is central to the drug charges.

Southwest Mercer County Regional police were dispatched by 911 to a reported domestic in progress at the home in the 200 block of Hamilton, and told that a woman was being held against her will by her boyfriend.

Police arrived and found nobody home, but Napolitan’s pickup was in the street.

Police contacted 911, which provided the telephone number of the caller, a friend of the alleged victim. The friend passed on contact information for the victim, and police called her.

The victim, who lived there with Napolitan, said she was OK and alone, but seemed upset and nervous, and police asked her to return home.

The victim started to cry when she talked with police at home, and said that Napolitan was not there as she had taken him to a friend’s house. However, the woman said police could check the home to make sure Napolitan was not there.

Police found no one home, but the victim pointed out a handgun she said Napolitan had threatened her with. Police found white powder on a desk and paraphernalia in a wastebasket.

Police obtained a search warrant and found drugs and guns.

Napolitan said the search was illegal as police should have left the scene when the woman told them Napolitan was not there. Police did not observe a crime taking place and the woman was not in danger, he said.

U.S. District Court Judge Arthur J. Schwab, Pittsburgh, said in a recent ruling that police were invited into the home, giving them authority to enter, and the woman volunteered additional information that led to the discovery of contraband.

In response to Napolitan’s argument, Schwab said the presence of Napolitan’s pickup, the fact that the woman answered Napolitan’s cell phone, her emotional state and that Napolitan had threatened her support police actions.

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