At retrial, jury convicts Hatboro woman in Willow Grove man’s fatal overdose | News

NORRISTOWN — A jury determined a Hatboro woman was responsible for a Willow Grove man’s death after she was linked to delivering the fentanyl on which he overdosed.

Gwendolyn Marie Prebish, 30, of the first block of Rorer Avenue, was convicted in Montgomery County Court of a felony charge of drug delivery resulting in death in connection with November 2016 events surrounding the overdose death of Michael Pastorino, 32, of the Willow Grove section of Upper Moreland.

“They determined that the defendant delivered fentanyl to the victim and as a result of taking that fentanyl he died,” county Assistant District Attorney Kathleen McLaughlin said after the verdict was announced. “The victim thought he was getting heroin however, he got fentanyl and it became a lethal dose.”

#BREAKING – Another #MontcoPa #VerdictJury convicts Gwendolyn Prebish, 30, of #Hatboro of charge of drug delivery resulting in death, finding she caused the overdose death of a Willow Grove man by delivering a fatal dose of #fentanyl to him in 2016. pic.twitter.com/qn9sZglfh2

— Carl Hessler Jr. (@MontcoCourtNews) May 9, 2019

The jury deliberated more about six hours before reaching the verdict.

Judge Steven T. O’Neill, who presided over the trial, deferred sentencing Prebish until later this year.

Prebish faces a possible maximum sentence of 10-to-20-years in prison on the charge, a penalty that is similar to that for third-degree murder. However, state sentencing guidelines could allow for a lesser sentence.

McLaughlin vowed to seek a state prison term against Prebish.

Prebish remained stone-faced as the verdict was announced but later she was observed weeping as sheriff’s deputies escorted her to jail to await sentencing. Prebish was supported in court by her parents, who appeared shocked by the verdict.

Gwendolyn Prebish, 30, weeps as she’s escorted to jail after #MontcoPa jury convicts her of drug delivery resulting in death in connection with Fentanyl overdose death of Willow Grove man. pic.twitter.com/T11wwFkx7a

— Carl Hessler Jr. (@MontcoCourtNews) May 9, 2019

It was the second time Prebish faced a trial on the charge.

During Prebish’s first trial in February, another jury could not reach a verdict on the drug delivery resulting in death charge, leaving the door open for prosecutors to retry Prebish on the charge.

With a partial verdict on Feb. 19, the first jury convicted Prebish of two felony counts of possession with intent to deliver fentanyl but could not reach a unanimous decision on the more serious charge of drug delivery resulting in death. Prebish’s second trial played out this week.

During the two trials, McLaughlin argued Pastorino died after injecting the fentanyl that he purchased from Prebish.

But defense lawyer Jonathan J. Sobel argued Prebish was a drug addict who sold drugs to support her own addiction and was not a common street corner dealer. Sobel argued Prebish believed she was delivering heroin to Pastorino and did not know it was fentanyl.

Gwendolyn Prebish of #Hatboro wept after #MontcoPa jury convicted her of delivering fatal dose of Fentanyl to Willow Grove man pic.twitter.com/OZt5kkYUtL

— Carl Hessler Jr. (@MontcoCourtNews) May 9, 2019

An autopsy determined Pastorino also had heroin in his system.

Sobel suggested there was insufficient evidence to prove that it was the fentanyl that killed Pastorino.

Testimony revealed Pastorino had been socializing with friends earlier in the evening and was believed to be involved in drug activity at that time, hours before he met with Prebish.

McLaughlin didn’t refute that Pastorino also had heroin in his system but pointed out tests determined the heroin was at low levels, whereas there was a high level of fentanyl in Pastorino’s system. McLaughlin argued it was the introduction of the fentanyl into Pastorino’s body that ultimately led to his death.

It was the 2nd time Gwendolyn Prebish faced #trial on the drug delivery resulting in death charge.During Prebish’s 1st trial in Feb., another jury could not reach a verdict on the charge, leaving the door open for #MontcoPa prosecutors to retry Prebish, which they did this week

— Carl Hessler Jr. (@MontcoCourtNews) May 10, 2019

An investigation began about 6:45 p.m. Nov. 6, 2016, when Upper Moreland police responded to the 600 block of Fitzwatertown Road for a report of a drug overdose.

Officers found Pastorino dead, seated in a chair at his desk and clutching a syringe in his hand, Upper Moreland Detective Francis Joseph Gallagher Jr. testified.

At the scene, investigators recovered two syringes, blue wax bags stamped “Ferrari,” which was consistent with heroin packaging, and Pastorino’s cellphone, according to court documents and testimony.

Gwendolyn Marie Prebish, 30, of #Hatboro, was convicted in #MontcoPa #Court of a felony charge of drug delivery resulting in death in connection with November 2016 events surrounding the overdose death of Michael Pastorino, 32, of the #WillowGrove section of #UpperMoreland.

— Carl Hessler Jr. (@MontcoCourtNews) May 10, 2019

An autopsy conducted by the Montgomery County Coroner’s Office determined the cause of Pastorino’s death was not heroin but was the even deadlier drug fentanyl, a synthetic opioid that is 40 to 50 times more deadly than street-level heroin, prosecutors alleged. The coroner ruled the death accidental as a result of drug intoxication.

Detectives found text messages on Pastorino’s cellphone indicating he contacted Prebish at 11:32 p.m. Nov. 5, requesting four bags of heroin, according to court papers. At 1:13 a.m. Nov. 6, Prebish texted Pastorino asking if he had $40, detectives alleged.

When Pastorino indicated he had the money, Prebish texted him that she would be at his residence about 2 a.m. At 2:18 a.m. Nov. 6, Prebish arrived with the drugs and Pastorino was waiting for her outside, according to the complaint.

When detectives developed Prebish as a suspect in the death case, they arranged a controlled drug buy and on Nov. 7, Prebish was arrested by Upper Moreland police after she sold suspected heroin in blue wax bags stamped “Ferrari” to a confidential informant.

“These were the same markings found on the bags of suspected heroin possessed by Pastorino at the time of his death,” detectives alleged in the arrest affidavit.

In an interview following her arrest, Prebish told detectives she met Pastorino in the driveway of his home on Nov. 6 and delivered $40 worth of heroin to him, “the same as she possessed on Nov. 7,” according to the criminal complaint.

When authorities tested the suspected “Ferrari” heroin seized from Prebish on Nov. 7 they determined the substance actually was fentanyl, according to the arrest affidavit.