“I made a promise to Josh to be with him through the entire case. I can’t tell my children to do what’s right if I don’t set the example.” - Keenan D. Holmes, Josh’s Attorney.

As reported by New Castle News (Click here for story)

As reported by the Pittsurgh Courier (Click here for story)

Because the alleged event happened on school property, Josh was facing a possible two to five year sentence.

Josh Stewart Speaks Out (Part 1) - Source: New Castle News

Local Teen Takes Fight Against Charges Online - Source: KDKA News

Teen Guilty in Overdose Death Claims His Innocence to Public - Sourse: Post Gazette

“Truth is not only violated by falsehood; it may be equally outraged by silence.” - Henri Frederic Amiel

On Monday, February 26, 2007, Joshua Stewart was a 16 year old, African-American, college bound sophomore at New Castle High School (JOSH STEWART’S REPORT CARD) with two local paper routes. Josh had no history of drugs, no criminal record . . . not even so much as a school detention. Joshua’s extracurricular activities consisted of dance, the theater and the arts.

On Tuesday, February 27, 2007, 16 year old Erica Million ingested oxycodone during school hours at New Castle High. She was taken from the school by ambulance, then life-flighted to Pittsburgh, where she died on Sunday, March 4, 2007.

Erica and Josh barely knew one another, as Erica had just reentered the school district approximately three weeks earlier. As fate would have it, Josh and Erica were seated next to one another in one class.

EARLY TIMELINE

Search Warrant Issued – Tuesday, February 27, 2007

Tuesday, February 27, 2007, at approximately 1:30 pm, Erica was transported by ambulance from New Castle High School.

By 2:30 pm the New Castle Police were at the home of Joshua Stewart; Joshua had not arrived home from school yet.

At 4:00 pm Officer Chris Bouye was dispatched to the home to take digital pictures. These pictures were aired on the local news channels.

At 5:21 pm a Search Warrant and Affidavit of Probable Cause was issued by Magistrate Rishel for the Stewart home; Item 4 of the Affidavit of Probable Cause listed 80 mg tablets of oxycodone as the drug detailed by the confidential informant as the tablets (Erica) ingested.

At 5:58 pm Narcotics Officer Anthony Lagnese, Juvenile Officer Cindy Eve, along with Officers Chris Bouye and Buswell served the search warrant.

After the search, which lasted several hours, Officer Chris Bouye called into the New Castle Police Station. Joshua’s father heard him say, “We DON’T have a match.” Josh’s mother heard the comment, “We DON’T have a match,” repeated several minutes later. No 80 mg tablets were found in the home.

The basis for the search warrant was from a statement that Juvenile Officer Cindy Eve, along with New Castle High School Principal, John Sarandrea and New Castle School Superintendent, George Gabriel took from a student from 1:30 – 2:30 pm on Tuesday, February 27, 2007. Students were questioned without the knowledge or consent of their parents during the remaining one-hour of school. They (Eve/Sarandrea/Gabriel) claim that a confidential informant (referred to as CI for remainder of this document) came forward with information such that “The CI observed Josh Stewart and a female student. The CI advised that (Josh) Stewart was upset with (female student) because she had given (Erica) Million some of (Josh) Stewart’s pills without receiving payment” (New Castle Police Affidavit of Probable Cause). Again, the CI identified them as 80 mg Oxycodone tablets.

Although the CI claimed that a female student sold the pills to Erica Million, the female student’s home was never searched; no charges were ever filed for the female student. Notably the female student strongly denied that she and Josh spoke that day and she was never questioned again because the school, police and prosecution said this event never happened . . . and yet it was the basis for a search warrant for the home of Josh Stewart, where no 80 mg oxycodones were found.

THE STORY CHANGES

The next day, Wednesday, February 28, 2007 the story changes. Male student #1 claims Josh Stewart sold Erica Million 13 pills in Spanish class during a test. The school does not have surveillance of this Spanish classroom; no other students saw or heard anything. The Spanish teacher, although monitoring the room during the test, never saw or heard anything. She was standing at the far side of the room by the row in which Erica was seated but saw no such transaction. As per the seating assignments, male student #1 was seated three rows to right and two rows to the front of Joshua and Erica.

SEATING CHART OF SPANISH CLASS

Joshua Stewart claims one thing passed through his and Erica’s hands, that being a set of Spanish flash cards that the Spanish teacher had instructed Joshua to copy, as Joshua had been absent the previous day. A set of flash cards WAS found in Erica’s purse, just as Josh had stated.

One student knew exactly what kind of pills were in Erica’s purse.
One student knew exactly how many pills were in Erica’s purse.
One student claimed to see and hear a transaction.
One student accused Josh Stewart of delivering the pills.

This same student was permitted to use the restroom unattended before being questioned by the police, Lt. Cindy Eve, New Castle High School Principal, John Sarandrea and New Castle School Superintendent, George Gabriel on the day of the incident.

This same student claimed to be Erica’s best friend.
This same student claimed to hang out with Erica every weekend.

Although male student #1 sat three rows in front and two rows to the right of both Josh and Erica, he claims to have seen and heard the entire transaction. He claims he was able to identify the pills accurately as “oxys.” According to the New Castle School Board Hearing Transcript, when asked, “How do you know those drugs (oxys),” male student #1 responded “From what my parents and Mr. Sarandrea and people have told me.”

One year later, at Joshua Stewart’s Juvenile Criminal Hearing on March 25, 2008, seven-year narcotics expert, Officer Anthony Lagnese, said that from that same distance as male student #1 claimed, he (Lagnese) was not able to identify the pills as oxys.

All of the other students in this Spanish class, along with the Spanish teacher, either were not asked to testify or refused to testify; none claimed that they saw or heard anything in Spanish class. The Spanish teacher was carefully monitoring the room during the alleged transaction, because a test was in progress.

According to Lt. Cynthia Eve’s Supplemental Report of April 25, 2007, Page 1, New Castle School Principal, John Sarandrea, “called him (male student #2) down to the office.” Two months after the event, the school principal, John Sarandrea, was continuing to call students from the fated Spanish class into his office. On the day of the event, Tuesday., February 27, 2007 male student #2 said he didn’t see or hear anything; the next day, Wednesday, February 28, 2007, male student #2 again states that he didn’t see or hear anything; at the New Castle School Board Expulsion Hearing of Wednesday, March 21, 2007, male student #2 declines to attend or speak, on the basis that he didn’t see or hear anything. Being called in to Principal John Sarandrea’s office two months later, on April 25, 2007, male student #2 now changes his story.

THE PILLS/THE PURSE

According to the New Castle Police Department Property Report, on Tuesday, February 27, 2007, Juvenile Officer Lt. Cindy Eve, although not permitted to retain any narcotics in juvenile storage, logs Erica Million’s purse (Item 1) along with 13 small white pills (Item 2.1.) into the New Castle Police Property Record’s Juvenile Locker. Lt. Cindy Eve exclusively holds these pills for four days, at which time she finally logs them out on Friday, March 2, 2007 into the custody of Narcotics Officer Anthony Lagnese, as per Lt. Cynthia Eve’s Supplemental Report of March 5, 2007, Page 18.

According to the testimony of Officer Anthony Lagnese, as the Narcotics officer, he is the only officer who handles narcotics in New Castle, whether juvenile or adult.

New Castle High School Principal, John Sarandrea, who worked directly with Lt. Cindy Eve questioning students on the very first day, Tuesday, February. 27, 2007, claims he did not find the pills until “The day after (Erica overdosed),” which would have been Wednesday, February 28, 2007 (New Castle School Board Hearing Transcript, Page 81), even though Lt. Eve’s signature shows them signed in police station department on Tuesday, February 27, 2007. Principal John Sarandrea states, “It’s important to note that the pills weren’t found until after male student #1 testified (on Wednesday, February 28, 2007),” Page 81. Principal Sarandrea also says that he exclusively took the pills and secured them: on Page 81, he says he secured them, “in the safe” and on Page 23 he says he personally “locked them up in my desk. We notified the police that we in fact had those and they came shortly thereafter to pick those up.” Again, this was Wednesday, February 28, 2007.

March 25, 2008, Lt. Cindy Eve testified that she learned that the school had found Erica’s purse on Wednesday, February 28, 2007; that she (Lt. Eve) picked it up, along with the pills wrapped in folded paper on Thursday, March 1, 2007; discovering on Friday, March 2, 2007 that 4 or 5 pills were missing, she went back to the school where they looked under Principal John Sarandrea’s desk and recovered the missing pills which had fallen out from the purse and/or folded paper onto the office floor.

On Tuesday, March 6, 2007, Officer Anthony Lagnese now claims that the pills found in Erica Million’s purse and the pills from the Stewart home are a match. According to Lt. Cynthia Eve’s Supplement Report of Tuesday, March 6, 2007, Page 20, Officer Lagnese returned to Magistrate Rishel’s office to “AMEND the prescription name, number and description.”

TIMELINE OF EVENTS

Friday, March 2, 2007 Josh is officially withdrawn from New Castle High School due to his placement in the juvenile facility of the Krause home.

FACT: Josh had not yet been arrested and he was not placed in the Krause home until AFTER this date. How did the school know what police were doing with him before Josh did?

WITHDRAWAL FROM NEW CASTLE AREA SCHOOLS; SIGNED BY JOHN SARANDREA, NEW CASTLE HIGH SCHOOL PRINCIPAL

Saturday, March 3, 2007 Lt. Cindy Eve logs, “ On (Saturday) March 3, 2007, Att. John Bongivengo (DA) called me at home and told me Erica Millon had died.” Because Erica had died, Lt. Eve was then instructed to “have him (Josh) placed.”

FACT: Erica did not die until Sunday, March 4, 2007.

Sunday. March 4, 2007 Erica Million dies at Children’s Hospital in Pittsburgh, PA

Source:
NEW CASTLE NEWS, MONDAY, MARCH 6, 2007

PRESSURE MAINTAINED ON 16 YEAR OLD JOSHUA STEWART FOR OVER ONE FULL YEAR WITHOUT A TRIAL

With no new evidence – DA John Bongivengo threatened to file:

FIRST****3rd Degree Murder – As An Adult
****New Castle News – March 5, 2007
****New Castle News - March 6, 2007
****New Castle News - March 8, 2007
****New Castle News - April 11, 2007

SECOND*****Manslaughter – As A Juvenile
****New Castle News – March 4, 2008
****New Castle News – March 8, 2008

THIRD****Intent to Deliver – as juvenile
****New Castle News – March 26. 2008
****New Castle News – April 5, 2008

According to Pat Litowitz, reporter for NCN, April 5, 2008, DA John Bongivengo said,“At this point, there’s no evidence that can link anybody up with her (Erica) death.”

NEW CASTLE NEWS APRIL 5, 2008

THE RULING

Joshua Stewart was convicted in Juvenile Court by Judge John Hodge for Possession with Intent to Deliver a Controlled Substance on March 27, 2008.

NOTE

During the late winter and early spring of 2007, New Castle High School Principal John Sarandrea was interviewing for a new position as Superintendent of Sharon Area Schools. They were impressed with his tough stance on drugs.
NEW CASTLE NEWS, MAY 4, 2007
WWW.NCNEWSONLINE.com

Each and every witness’ story has changed
throughout this past year and two months;
Joshua’s story IS, as it was from the beginning,
the same, consistent, with no changes.
THE TRUTH IS EASY TO REMEMBER!

Parental permission was given for Josh Stewart to appear in this video.

The Truth Never Changes

On March 4, 2007, Erica Jo Million, 16, died in a Pittsburgh hospital after ingesting oxycodone on Feb. 27, 2007. The medical examiner’s office in Allegheny County ruled her death accidental. Police had charged Joshua Stewart, then 16, for her death and for allegedly giving her the drugs and while Joshua was was found not responsible for her death, Lawrence County common pleas Judge John W. Hodge ruled that there was enough evidence for Josh to be charged with juvenile possession with the intent to deliver.

This website serves one purpose: To see justice prevail in the life of a young man named Josh Stewart. We are not here to spread lies, pass along gossip, or to twist facts. We wish to bring light where there is darkness and we want the truth to stand for itself.