Lawrence man to stand trial for charges related to a teen’s drug overdose

photo by: Douglas County Sheriff's Office

Dana S. Wingert

A Lawrence man facing several felony charges related to a teen’s drug overdose will go on trial this fall.

Dana S. Wingert, 56, was bound over for trial during a preliminary hearing on Monday in Douglas County District Court, according to Cheryl Wright Kunard, assistant to the Douglas County District Attorney. The trial is scheduled for Oct. 28.

During the Monday hearing, Wingert waived his right to the formal reading of the charges and pleaded not guilty. He is facing charges of distributing a controlled substance causing great bodily harm, two counts of aggravated child endangerment, and interfering with law enforcement by concealing evidence, all felonies. He’s also charged with possession of marijuana and drug paraphernalia, misdemeanors.

The charges stem from an incident in April where a 15-year-old boy nearly died after snorting and swallowing a cocktail of prescription drugs and alcohol he allegedly got from Wingert, according to a police affidavit.

The boy and his 16-year-old friend both passed out after taking the pills, drinking alcohol and smoking marijuana at Wingert’s home in eastern Lawrence, according to the affidavit. While police were able to revive the 16-year-old at the scene, the 15-year-old was taken to a hospital in critical condition, unable to breathe on his own, and placed on life support.

Wingert was arrested in the early morning hours of April 21, after police responded to his home and found the two boys unresponsive in the living room, surrounded by drugs and paraphernalia, according to the affidavit.

The unresponsive teen was taken to Lawrence Memorial Hospital, then transferred to the University of Kansas hospital in Kansas City, Kan., after becoming unable to breathe on his own and placed on a breathing machine for life support. The boy’s father told police later that day that he was improving, showing signs of movement, but had not regained consciousness. The affidavit contained no more recent information about the boy’s condition.

A preliminary drug screen by the hospital showed that he tested positive for marijuana, trazodone (a prescription antidepressant), benzodiazepine (the family of drugs to which Xanax, prescribed for anxiety, belongs) and Flexeril (commonly prescribed as a muscle relaxer).

Inside Wingert’s house, police found numerous prescription pill bottles in his name, a plateful of marijuana and numerous smoking devices and pills, according to the affidavit.

On his application for a court-appointed attorney, Wingert indicated that he was unemployed and disabled. He is represented by attorney Branden Smith.

Wingert was free on a $50,000 personal recognizance bond, with “intensive” pretrial supervision, but his bond was revoked in June. A warrant for his arrest was issued on June 7 because he failed to appear for a court hearing, according to court records. He was arrested with the warrant on June 21 and is currently listed in custody at the Douglas County Jail.

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