Defense: Confession in East Huntingdon man's fatal overdose improperly obtained by police

A Fayette County man charged with providing drugs to a former high school friend who died two years ago from an overdose claims his confession was a result of improper questioning by police.

Steven Shively, 33, of Everson is awaiting trial on charges of drug delivery resulting in death and other offenses in connection with the Aug. 2, 2020, fatal overdose of 30-year-old Jason M. Schwartz in East Huntingdon.

Following a search of Shively’s home two days later, police said he admitted to trading fentanyl-laced heroin to Schwartz in exchange for Klonopin pills.

During a hearing Thursday, defense attorney Tim Dawson argued the confession should be barred from evidence because Shively was under the influence of drugs when questioned.

“He was so drugged up he couldn’t understand what he was saying,” Dawson said.

Cecily Luft, 33, of Mt. Pleasant, Shively’s former girlfriend and the mother of his two children, testified he was under the influence of drugs and substantially incoherent when she visited his home about 9:30 a.m. on the morning of the police search.

Luft said bags of heroin and pills were out on a table during her brief visit.

“It was like talking to a brick wall,” Luft said.

Investigators said Shively appeared sober when he was questioned hours later as police searched the home at 4 p.m.

State police Trooper James Mc­Kenzie said Shively showed no signs of impairment, indicated he understood he was not in custody and declared he wanted to cooperate with the investigation.

McKenzie testified police found an Estée Lauder makeup bag filled filled with drugs. The bag was discovered in an air vent in an upstairs bedroom and also contained Shively’s driver’s license, nearly $700 in cash and credit cards. Full and empty stamp bags with the same “Gucci” markings that were found at the scene of the Schwartz overdose were discovered in Shively’s home, police said.

McKenzie said Shively told investigators he and Schwartz had both been in recovery for drug addiction and relapsed. Shively said he visited with Schwartz several days earlier and traded heroin for pills.

McKenzie, along with Trooper Robert Politowski, testified Shively was not handcuffed and repeatedly told he was not under arrest before he was questioned.

“He did not seem impaired to me,” Politowski testified.

Westmoreland County Common Pleas Judge Scott Mears did not rule on the issue and said he would allow the defense to present expert testimony when the hearing resumes, possibly later this year.

Shively, who was charged in January 2021, is free on bail as he awaits trial.