District Attorney Stephane Vettenburg-Shaffer reports that the Pennsylvania Superior Court has denied the latest appeal of a Bradford man convicted of one of the largest cocaine delivery cases in county history and one that resulted in the forfeiture of his property.

James Howard FOWLER was convicted in 2016 of several drug crimes after delivering cocaine to a confidential informant working under surveillance of the McKean County Drug Task Force. 

A subsequent search warrant executed at FOWLER’S Bradford residence yielded a large amount of cocaine, scales, Ziplock bags with corners cut out (the corners commonly used to package cocaine for sale), and other items indicative of possessing cocaine with the intent to deliver it.

At trial in 2016, FOWLER argued that he was friends with the informant and that, but for that close relationship, he would not have delivered cocaine or possessed cocaine with the intent to deliver.  The jury rejected his claim and FOWLER was convicted and incarcerated for several years at sentencing. He appealed his conviction and the Superior Court denied it.

Since then, FOWLER has filed motions alleging his attorneys were ineffective and that the trial court erred regarding the instructions to the jury and in allowing the introduction of evidence regarding a prior conviction for drug delivery among other things.

The Superior Court denied his latest appeal in a recent decision.  The Court rejected his assertion that he was “entrapped” by the informant and only delivered drugs because she was a friend who asked for them.  The Court explained that such an assertion does not support a defense of entrapment.

The Superior Court noted that the Commonwealth presented overwhelming evidence to discredit FOWLER’S testimony and that evidence of FOWLER’S prior conviction was actually highlighted by his own defense attorney by eliciting testimony about the conviction from Chief County Detective Ryan Yingling who was the lead investigator on the case. 

The Superior Court found that the Commonwealth presented overwhelming evidence to refute FOWLER’S assertion of entrapment.

District Attorney Stephanie Vettenburg-Shaffer, who prosecuted the case on behalf of the Commonwealth, stated:  “This investigation yielded a large amount of cocaine, particularly for our area on a single incident, and the Detectives with the McKean County Drug Task Force worked the case tirelessly– positioning officers in distinct points of surveillance, triangulating cameras at various locations to maximize surveillance, planning and executing a traffic stop and seizing additional substances and money that had been pre-marked to allow for its tracking, and executing a search warrant at the residence and locating a much larger amount of cocaine and evidence of a much larger operation.

The investigatory techniques that are required to be utilized in large drug investigations must be coordinated and executed with precision and I personally saw the expertise exhibited by the Detectives while prosecuting the case that led to a successful prosecution which has been upheld by the Superior Court twice. The defense of entrapment (which requires an offender to show that someone induced the commission of a crime by someone other than one ready to commit it), is a defense often attempted in drug cases throughout the entire country but usually easily able to be refuted in a trial given the strength of the investigations and the investigatory steps taken by the Detectives who are highly trained and experienced and who receive additional certifications in their field.” 

If you suspect illegal drug activity, please contact the McKean County Drug Task Force at McKeanDA.org or (814) 887-3312.    

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Following a two day jury trial in McKean County, on June 7, 2016, James Fowler was convicted of: Possession with Intent to Deliver 82 grams of cocaine- Felony; Possession with Intent to Deliver 15 grams of cocaine- Felony; Possession with Intent to Deliver 6 grams of cocaine- Felony; Possession with Intent to Deliver .8 grams of cocaine- Felony; Two counts of Conspiracy Possession with Intent to Deliver – both Felonies; Two counts of Criminal Use of a Communication Device – both Felony 3 offenses; Possession of 82 grams of cocaine – Misdemeanor; Possession of 15 grams of cocaine- Misdemeanor; Possession of 6 grams of cocaine – Misdemeanor; Possession of .8 grams of cocaine – Misdemeanor; Possession of Marijuana – Misdemeanor and Possession of Drug Paraphernalia – Misdemeanors.   

District Attorney Stephanie Vettenburg-Shaffer prosecuted the Defendant.  The trial followed the arrest of James Fowler of West Corydon Street, Bradford, by the McKean County Drug Task Force, with officers from Bradford City, Bradford Township and Canine Officer Rinfrette.  The crimes occurred on 3/25/15 and 4/1/15.  The conviction is the direct result of the focus of The McKean County Drug Task Force and the officers’ tireless efforts – and skilled police work – aimed at prosecuting drug crimes in McKean County.    If any member of our community suspects illegal drug activity, we urge them to contact the McKean County Drug Task Force at 887-3312 ext. 3 or 5.

Sourced via CRIMEWATCH®: https://mckean.crimewatchpa.com/da/136029/post/superior-court-denies-latest-appeal-man-convicted-delivering-cocaine