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Pasco Man Found Not Guilty In Drug Overdose Case

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By TODD LESKANIC | The Tampa Tribune

Published: February 4, 2009

NEW PORT RICHEY - Shannon Pierson died of a drug overdose on March 3, 2007.

The night before, the 19-year-old had snorted a crushed oxycodone pill given to her by Max Lutz, prosecutors said.

On Tuesday, a Pasco County jury deliberated for more than two hours before finding Lutz not guilty of delivery of a controlled substance.

The 33-year-old Land O' Lakes man could have faced up to 15 years in prison had the six jurors found him guilty as charged. Lutz and his attorney, Dennis Watson, opted not to have jurors consider any lesser charges.

Lutz was not charged with Pierson's death.

A medical examiner testified that Pierson died of "oxycodone toxicity." A toxicologist testified that oxycodone, nicotine and caffeine were the only substances found in Pierson's body at autopsy.

Witnesses gave differing accounts of the drugs Pierson took the night of her death.

Lutz's girlfriend, Linda Dipaola, testified that she and Lutz asked Pierson over to their Port Richey home to babysit their children. Dipaola said Pierson was "inebriated" when she arrived and that she never saw Lutz give Pierson oxycodone.

Julia Allen, a friend of Pierson's who was with her at Lutz's home, testified that she saw the exchange of the crushed oxycodone. Allen said Lutz also offered her crushed oxycodone, which she declined.

Pierson didn't appear to be high or drunk in the hours before she snorted the drug, Allen testified.

But a third woman, Amanda McCracken, said she saw Pierson take nine Xanax before heading to Lutz's home with Allen.

Pierson fell asleep in Lutz's house late on March 2, 2007, and was found dead the next day.

Dipaola testified that she realized Pierson wasn't breathing about 4 p.m. Her first move was to tell Lutz to leave with their children. She then called McCracken to the house.

Authorities were only called once McCracken arrived.

McCracken testified that before Lutz left with his children, he said, "I only gave her half an oxy."

Reporter Todd Leskanic can be reached at (727) 815-1084 or tleskanic@tampatrib.com.

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