3rd suspect in heroin arrests pleads not guilty

Published 9:43 am Friday, August 19, 2016

The third of three people charged after a July 21 heroin arrest pleaded not guilty in Mower County District Court Thursday.

Brianna Leigh Capretz, 22, pleaded not guilty to fifth-degree drug possession Thursday after Miguel Hernandez-Miller, 23, previously pleaded not guilty to the same charge and Tyrone Alexander Bennett, 37, pleaded not guilty to third-degree sale of a narcotic drug.

Austin police executed a search warrant as part of an ongoing investigation at 12:25 p.m. July 21 at a home on the 200 block of First Street Southeast.

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According to court records, Bennett was apprehended shortly after police saw him leave the residence, and police found Capretz and Hernandez-Miller smoking heroin with an open bag of heroin between them in a back bedroom of Bennett’s apartment.

The two were apprehended, and Capretz told officers she had two more bags of heroin in her purse. Police seized the heroin, $375 on Bennett, two Motorola cell phones and various heroin paraphernalia.

According to court records, Capretz admitted to buying heroin from Bennett and smoked it with Hernandez-Miller, adding they planned to smoke before walking back to Hernandez-Miller’s home. She allegedly told officers she bought three bags of heroin around noon for $150 and that she’d bought heroin from Bennett several times before. She also told police she witnessed other sales.

Hernandez-Miller confirmed to police that Capretz bought the heroin and that he smoked with her.

Bennett denied selling heroin to Capretz and Hernandez-Miller, but he claimed he has sex with heroin users at his residence — adding he was not a dealer but obtained heroin for people who needed it, according to the court complaint.

Capretz is set for a Jan. 20, 2017, pretrial and a Jan. 30, 2017, trial. Bennett is set for a Sept. 16 pretrial and Sept. 26 trial. Hernandez-Miller is set for a March 3, 2017, pretrial and March 13, 2017, trial.

—Alex Smith contributed to this report.