Commonwealth v. Scott

Melissa Wandell and Zach Savage planned for Savage to drive Wandell to Harrisburg to buy heroin from Wandell’s dealer, Ro-Ro. Wandell was to give Savage two of her prescribed medications, and Savage was to pay for the heroin, which Wandell and Savage would share. When Wandell phoned Ro-Ro, Jerrod Scott (defendant) answered and said that he could get heroin if Wandell picked him up. When Savage and Wandell picked up Scott, Scott got in the back seat and gave Savage directions to a convenience store, where he used Savage’s money to acquire fentanyl from an unidentified individual. Scott handed the fentanyl to Wandell. Scott then gave Savage directions to another location, where Scott purchased cocaine at Wandell’s request. Savage drove to two more locations so Scott could fill a prescription and trade the prescribed drugs for heroin. Savage and Wandell used cocaine while waiting for Scott, and Wandell and Scott used cocaine while Savage was driving. The trio went to a park to use the acquired drugs. After Scott and Wandell ingested fentanyl, Scott overdosed, requiring Savage to administer Narcan. As Scott recovered, Savage ingested two bags of fentanyl and passed out. Scott and Wandell got Savage back to the car and propped him up in the back seat. Wandell later drove the trio to her apartment. Scott and Wandell left Savage in the back seat while they went inside to take more drugs. Wandell checked on Savage during the night, and he remained passed out. The next morning, Savage was dead. The cause of death was determined to be mixed substance toxicity. Scott was convicted under Pennsylvania law of drug delivery resulting in death (DDRD) and possession with intent to deliver (PWID). Scott appealed, arguing that there was insufficient evidence supporting his conviction, in part because Scott, Wandell, and Savage were acting pursuant to a mutual plan to acquire drugs and use them together.