The Herald, Sharon, PA Published Wednesday, Feb. 13, 2002

PINE TOWNSHIP

Accused robber's trial opens

Clerks at Eckerd Drugs in Pine Township are expected to testify today about the day a masked man robbed the pharmacy of 1,500 painkilling pills.

The accused, Timothy A. Kays, 44, who lives with his fiancee near the Pine Grove Plaza drugstore, is charged with robbery, possession with intent to deliver a controlled substance, possession of drug paraphernalia and conspiracy.

Kays is accused of demanding all the Oxycontin and other painkillers in the pharmacy on Jan. 20, 2001, Mercer County Assistant District Attorney Timothy Bonner said during opening statements Tuesday.

Kays' face was covered with a red bandanna and a hood, Bonner told the jury. From outside the drugstore, a customer saw Kays remove the bandanna and hood and get into a red sport utility vehicle, he told the jury. State police stopped the SUV on Interstate 79 in Jackson Township, found 300 of the stolen pills inside and arrested Kays, who was a passenger, Bonner said.

The stolen pills had a street value of $3,400, he said.

Kays' defense attorney, David Graban, told the jury that Kays was not the robber. He said witnesses may have been confused when identifying a photo of Kays.

Graban said Kays' fiancee was using the SUV at the time of the robbery and Kays was at home.

Bonner said the robber held his hand under his coat, implying to clerks he had a gun.

Graban said there was no evidence of a bulky gun under his jacket.



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