Towamencin Man Heads to County Court on Felony Pill Dealing Charges

Towamencin resident Michael Smagalski, 29, — who is a defendant in four seperate active drug-related Montgomery County Common Pleas Court cases — is heading to county court Tuesday on a sixth drug-related case, this one involving alleged prescription pill dealing.

Smagalski, of the 800 block of Continental Drive, at Towamencin Condominiums, was the target in a Montgomery County Drug Task Force operation, which involved alleged controlled purchases of drugs made via cell phone. He was arrested during a search warrant on Jan. 14.

A search warrant service seized more than 640 prescription pills, according to an affidavit.

At a preliminary hearing in Lansdale District Court Tuesday, Smagalski had three felony charges of criminal use of a communication device, one felony count of manufacture/delivery/possession with intent, and misdemeanor charges of possession of a controlled substance, purchase of a controlled substance and use/possession of drug paraphernalia, held for county arraignment by Judge Harold Borek, according to court records.

Smagalski remains jailed at Montgomery County prison on $250,000 cash bail, according to court records. An arraignment date was set for March 13.

At 7:30 a.m. Jan. 14, a search warrant was executed by the county drug task force at Smagalski's home on Continental Drive. The task force officers have "special investigative powers to conduct drug-related investigations."

According to an affidavit, Smagalski allegedly made controlled buys from his home using his cell phone.

The search of his home seized 250 Suboxyone pills, 122 Alprazolam (Xanax) pills, 274 Oxycodone pills, synthetic marijuana, marijuana, plastic bags, paraphernalia, scales and currency used in prior buys, police said.

Suboxone pills are narcotics prescribed to treat opiod dependence, such as heroin.

Dan Sokil of The Reporter wrote that Assistant District Attorney Colleen McIntyre on Tuesday questioned Montgomery Township Officers Adam Deussing and Todd Walter on the stand. Both are members of the county drug task force.

Walter testified a bill used in a controlled buy had been photocopied and kept on file, according to Sokil.

Smagalski’s public defender John Chambers had an issue with the original copy of the search warrant not in the court’s case material, according to the article. Borek chalked it up to a “breakdown in court operations,” according to the report.

No original warrant, Chambers said, means no validation for the police testimony and search results, according to Sokil.

Borek ruled that the Commonwealth could argue that the warrant exists, “just not in the right place,” according to the article. 

At present, in Montgomery County Court, Smagalski is embroiled in four active drug-related criminal cases:

• Smagalski is currently on trial on felony drug dealing charges in Towamencin Township from August 2011, according to court records.
  
  He is charged with 10 felony counts of criminal use of a communication device, two felony counts of manufacture/delivery/possession with intent, two misdemeanor counts of possession of a controlled substance, two misdemeanor counts of use/possession of paraphernalia, two misdemeanor counts of purchase of a controlled substance, driving an unregistered vehicle, illegal use of a license plate, and driving with a suspended license, according to court records.
  
  Bail of $50,000 cash was posted on Aug. 24, 2011, according to court records. He is represented by Frank Genovese of Skippack.
• Smagalski is currently on trial on felony drug dealing charges in Towamencin Township from June 2011, according to court records.
  
  He is charged with 20 felony counts of criminal use of a communication device, one felony count of manufacture/delivery/possession with intent, misdemeanor possession of a controlled substance, misdemeanor purchase of a controlled substance, two misdemeanor counts of use/possession of drug paraphernalia, speeding, and driving with a suspended license, according to court records.
  
  Bail in the amount of $25,000 cash was posted June 15, 2011, according to court records.

• Smagalski is currently on trial on drug charges from a March 27, 2011 arrest in Lansdale Borough, according to court records.
  
  He is charged with misdemeanor possession of a controlled substance, misdemeanor use/possession of paraphernalia, misdemeanor marijuana possession, misdemeanor resisting arrest, misdemeanor selling a weapon, misdemeanor receiving stolen property and disorderly conduct, according to court records.
  
  He posted 10 percent of $10,000 cash bail on March 28, 2011, according to court records.
  
  
• Pre-trial conferences are underway for a March 21, 2012 arrest in Whitpain Township, according to court records.
  
  Smagalski is charged with misdemeanor possession of a controlled substance, misdemeanor use/possession of a controlled substance and disorderly conduct, according to court records.
  
  He was released on his own recognizance on Sept. 25, 2012, according to court records.

All in all, Smagalski has had criminal cases moved to the county court level 11 times since 2003, according to court records, including one case in Bucks County.