Reduced bond denied in heroin death

A man accused of selling the heroin that killed another man will be allowed to try and keep the dead man's cell phone and a hypodermic needle from being used against him as evidence during his trial.

Meanwhile, David Givhan will remain in custody on $100,000 cash bond.

Givhan, 24, of Beloit is charged with felony first-degree reckless homicide. He is accused of selling heroin to Luc A. Marsh, 29, of Milton on March 31, 2009, in Beloit. Marsh later was found dead from an overdose in a bathroom at Edgerton Hospital, where he worked.

Givhan, who is defending himself, requested an evidentiary hearing as he tries to suppress evidence in the trial scheduled for December. Rock County Judge Richard Forbeck granted the motion. The hearing is scheduled Oct. 7.

Givhan said prosecutors should not be allowed to use Marsh's cell phone and the needle as evidence in trial.

Givhan said the phone could have been tampered with because police released it to Marsh's mother before taking it back into custody. He also has concerns about the chain of custody records kept for the needle, he said.

Assistant District Attorney Richard Sullivan said Marsh's mother gained ownership of the phone but did not have physical contact with it. Chain of custody arguments do not support suppression of evidence, Sullivan said.

Forbeck on Tuesday denied Givhan's request for a reduced bond. Givhan said he does not have a history of fleeing and could better prepare his defense if he were released on a signature bond.

Sullivan said Givhan's past police record makes it likely he would face a substantial sentence if found guilty of reckless homicide.

Student Injured With Needle; Teacher Suspended

Another teacher is being suspended in Pitt County. That makes two in one week. This time it involves a student being injured with an EpiPen.

Heather Mayo with Pitt County Schools says it happened on Tuesday at Ridgewood Elementary. Teacher, Amy Burne, put the EpiPen in a ziploc bag and a box. Then put the box in an equipment box that went out to recess. Mayo says Burne did not go outside with the second graders and none of the teachers removed the EpiPen out of the equiment box.

A second grade female student picked up the EpiPen.

"A male student, who is a second grader, comes over and tries to take it from her. In the course of trying to take it away from the student, he got injected with the EpiPen," describes Mayo.

The boy's mother picked him up from the school and took him to the doctor. Mayo says EpiPens are not locked away since they are used in emergency situations.

The principal at Ridgewood Elementary is looking at different ways teachers and staff can keep EpiPens on hand in case of emergencies, but out of the hands of students who don't need them.

Earlier in this week, a J.H. Rose High School teacher was suspended after a he left a shotgun and knife in his truck and was parked on school grounds. He told school officials he had planned on going hunting after school that day.