KANE — A former Kane man has been charged with selling the fentanyl that cost another man his life in August.
Michael Cunningham, 35 — Lewis Run-based state police said his current address is unknown — is charged with drug delivery resulting in death, a first-degree felony; delivery of a controlled substance, a felony; criminal use of a communication facility, a third-degree felony; involuntary manslaughter, a first-degree misdemeanor; and recklessly endangering another person, a second-degree misdemeanor.
According to the criminal complaint, on Aug. 11, at 11:27 a.m., emergency responders were dispatched due to Zachery Malobicky, 24, being found unresponsive in the bathroom of an apartment on Edgar James Street in Kane. Members of the Kane Volunteer Fire Department, Kane Borough Police, EmergyCare Ambulance and the McKean County coroner’s office responded. Malobicky was pronounced dead at the scene, the complaint stated.
At the request of District Attorney Stephanie Vettenburg-Shaffer, the case was transferred to the Lewis Run-based state police, as it appeared to be an overdose, the complaint stated. When the investigating officer, Trooper Eric Thompson, arrived at the scene at 1:51 p.m., he located and seized suspected controlled substances and paraphernalia.
On Aug. 15, an autopsy was conducted on Malobicky, which concluded that the cause of death was fentanyl toxicity. Lab reports indicated the stamped bags seized at the scene had contained fentanyl, the complaint stated.
The trooper observed that Malobicky and Cunningham communicated electronically on Aug. 11 regarding obtaining drugs. Records indicate Malobicky obtained the drugs approximately one hour to one hour, 13 minutes prior to the 9-1-1 call that was made about him being found unresponsive, the complaint stated.
Cunningham was arraigned Monday before District Judge David Engman. Bail was set at $500,000. Cunningham was remanded to the McKean County Jail and scheduled for central court on Feb. 2.
