Lathan Foster is headed to trial in La Crosse County for allegedly giving fentanyl to a friend, who overdosed last New Year’s Eve.
The 23-year-old Foster entered a not guilty plea Tuesday to a reckless homicide charge in the death of Jeremy Pittman at a house in West Salem.
Court commissioner Joe Veenstra, substituting for Judge Elliott Levine, found probable cause to have Foster bound over for trial, but he said the judge might want to review evidence himself.
Fentanyl was found to be what killed Pittman. West Salem’s police found messages to Foster on the victim’s phone, allegedly seeking to buy drugs.
The defense says there’s doubt about whether a drug deal actually occurred.
Investigators think Pittman crushed pills and snorted them before his death.
Foster’s attorney Chris Zachar argued that the evidence is circumstantial. He said the overdose death may have been accidental and should not be considered a homicide.