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April 8, 2008

Judge rules against teen

By PATRICK E. LITOWITZ

plitowitz@ncnewsonline.com



Joshua Stewart’s fate will be determined within 30 days after a judge sided with the commonwealth in a narcotics case.

Lawrence County common pleas Judge John W. Hodge ruled the county District Attorney’s office provided sufficient evidence to show the New Castle teen was properly charged as a juvenile with possession of narcotics with intent to deliver.

Hodge filed his decision Thursday afternoon. While Stewart’s hearing and Hodge’s decision were open to the public, the teen’s sentence — technically referred to as a disposition — will not be released.

The news media requested that the hearing and decision be made public because the victim’s mother filed a civil lawsuit against Stewart and his mother, Charmagne Henry.

Erica Jo Million, 16, died March 4, 2007, in a Pittsburgh hospital after ingesting oxycodone on Feb. 27, 2007. She was found unconscious during a math class at New Castle High School.

The medical examiner’s office in Allegheny County ruled her death accidental.

Hodge agreed with the evidence produced by Assistant District Attorney Thomas Minett during the one-day trial. He presented two male students who testified they witnessed an exchange of drugs and money between Million and Stewart during Spanish class on Feb. 27, 2007. All four were sophomores at the time.

The pair claimed Stewart provided Million with 13 pills for $18. However, that same evidence cleared Stewart as being the person responsible for her death. When her purse was recovered, 13 oxycodone pills were found among its contents.

“What made our case strong was the same thing that made it weak for the manslaughter charge,” District Attorney John Bongivengo said yesterday.

Bongivengo said he had discussed the manslaughter issue with Million’s family prior to Stewart’s juvenile hearing.

“At this point, there’s no evidence that can link anybody up with her death,” he said. “We know what caused her death, but cannot link others (to it).”

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