SAN FRANCISCO, Calif. — In a jury trial this week in San Francisco Superior Court, a man is facing six drug-related charges, three for possession and intent to sell different narcotics, and three for using a minor to sell those substances. The accused, represented by Deputy Public Defender Maxwell Eberitzsch, pleaded not guilty, arguing that he was not the dealer but a vulnerable person exploited for his addiction. Judge Kenneth Wine will decide after the jury reaches its verdict.
The charges include possession and intent to sell fentanyl, methamphetamine, and cocaine. The remaining charges allege that he used a 15-year-old girl to sell each of those drugs. The defense argued that the man was merely following orders in exchange for drugs to feed his addiction and that the minor was the one profiting.
Deputy District Attorney Robert Miranda described the incident that led to the arrest. According to testimony, an officer observed the accused approach a car with a 15-year-old girl inside. She allegedly took narcotics from a Steve Madden bag strapped to the man’s chest, then drove off and sold them to another person in an alley. Both were arrested.
Miranda said drug dealing is rampant in San Francisco’s Tenderloin District and claimed that the accused used the girl to avoid being caught. Officers allegedly found a knife and a significant quantity of narcotics in the man’s bag.
Miranda told the jury that the accused was guilty on all six charges beyond a reasonable doubt, emphasizing the exploitation of a vulnerable minor. He reminded jurors that under California law, possession requires only control or dominion over the drugs—any amount is sufficient for conviction.
In response, Eberitzsch challenged the prosecution’s narrative, saying, “If the accused was the dealer and guilty of all six charges with soliciting a minor and using her along with the intention to sell, then they wouldn’t have arrested the minor and booked her into Juvenile Hall.”
The defense noted that the minor was found with $878 in cash, while the accused had only $17 and a meth pipe, suggesting that the girl, not the man, was profiting. Eberitzsch also questioned why police failed to determine who was driving the car or where the bag originated.
“People doing the drug trade are vulnerable people, poor, homeless people with drug addiction or minors,” Eberitzsch said. “The people controlling the drug trade are the higher-ups, and we should go after them with these charges.”
Eberitzsch argued that possession requires complete control over an item, which the accused did not have. “The defendant had no control over the narcotics as he was told not to touch them and just deliver them to the minor,” he said. “He was simply taken advantage of, just like the 15-year-old girl, just so he could get his dose.”
The accused has a history of addiction, according to the defense. Eberitzsch asked the jury to find him not guilty, arguing that he did not intend to sell drugs or exploit a minor.
Miranda rebutted that the defense’s arguments were speculative and unsupported by evidence. The jury is expected to reach a verdict tomorrow.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
