Feb. 12—WILLIAMSPORT — A Sunbury man allegedly involved in the overdose death of Moses Fahnestock at a Lewisburg motel in 2022 has been rescheduled for trial in federal court in June.
Darryl Elliott, 38, of Sunbury, was previously scheduled for the September, December and March trial lists, but was granted requested continuances. Elliott is now scheduled to appear for jury selection on June 3 in the U.S. Courthouse and Federal Office Building in Williamsport.
"The failure to grant a continuance would likely result in a miscarriage of justice," Chief U.S. District Judge Matthew Brann wrote in an order last week. "The ends of justice served by the granting of the continuance outweigh the best interest of the public and the defendant in a speedy trial."
Elliott is facing one count of conspiracy to distribute controlled substances resulting in death, six counts of distribution of a controlled substance and one count of possession with intent to distribute a controlled substance. Elliott is represented by attorney Steven P. Trialonas, of the Mazza Law Group, P.C., of State College.
Elliott, 37, and co-defendants Heather Carper, 36, of Northumberland, and Steven Pierro, 36, of Plymouth Meeting, were indicted on Sept. 20, 2022, by a federal grand jury and charged in the death of Fahnestock, 38, who had lived in Lancaster, Harrisburg and Mifflinburg. According to United States Attorney Gerard M. Karam, the indictment charges Elliott, Pierro, and Carper of conspiring to distribute and possess with intent to distribute fentanyl and methamphetamine within the Middle District of Pennsylvania, resulting in an overdose death that occurred in Lewisburg.
The charges stem from a joint investigation involving the FBI in Williamsport, the Pennsylvania State Police, and the Sunbury Police Department, according to the U.S. Attorney's Office.
Fahnestock was found with a loaded syringe in his hand on Jan. 31, 2022, in the bathroom of the hotel room by his 9-year-old child, according to the U.S. Attorney's Office.
Fahnestock got the drugs from the hotel room where Carper and Pierro were staying. The source of the drugs was allegedly Elliot, who has pleaded not guilty, according to the U.S. Attorney's Office.
Carper and Pierro in August both entered guilty pleas to a felony count of distribution of a controlled substance resulting in death. Their sentencing dates have not yet been scheduled.
Carper and Pierro both face a mandatory minimum sentence of 20 years in prison or a maximum of life, as well as a maximum fine of $1 million. The U.S. Probation Office was ordered to conduct a pre-sentence investigation prior to a sentencing date.