A Rockford woman accused of supplying the drugs that led to a fatal overdose contends her rights were violated when police arrested her, according to a recently filed motion. The motion states the arrest was illegal.
Katharyn Stanish, 23, was charged with drug-induced homicide in February two months after the death of 23-year-old Bradley Schiller. He died of heroin and cocaine intoxication four days after being found unresponsive in a St. Charles hotel room. Stanish is accused of supplying the drugs to Schiller.
In the motion seeking to suppress evidence and statements, Stanish’s attorneys argue that police had no reason to arrest her two days after Schiller’s apparent overdose. Stanish was “not observed in the commission of a crime” at the time and police had no reasonable suspicion or probable cause to make an arrest, the motion states.
Police said Stanish called 911 after suspecting Schiller was overdosing on the drugs. Authorities have not commented on the pair’s relationship or why they were in St. Charles given neither were said to be Kane County residents at the time.
Stanish, free on $150,000 bail, has pleaded not guilty to the homicide charge, as well as related counts of possessing heroin, cocaine and a syringe.
Stanish’s attorney wants Judge John Barsanti to throw out any evidence obtained as a result of her arrest, including, among other things, Stanish’s cell phone, her purse and its contents and any statements made to police.
Prosecutors have not yet filed a response to the motion. The case is due back in court Oct. 22, although it is not clear whether Barsanti will consider the motion at that time.
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Dan Campana is a freelance reporter.