Ernest "Trey" Anastasio, the lead singer of the rock-jam band Phish, was in court in Whitehall Wednesday for his arraignment on misdemeanor drug charges. The 42-year-old musician was smiling as he left court with his wife and children by his side.
But NewsChannel 13 has learned Anastasio had heroin in his car and it appears the district attorney is ready to up the charges against the former Phish front man to a felony.
Anastasio was arrested last month on Route 4 in Whitehall after a patrolman saw him swerve over the double yellow line.
According to court records, the arresting officer said ?Anastasio was hyper and his hands were shaking very badly."
Anastasio told police he\'d been smoking hashish and taking pills before his arrest.
According to court documents, "Anastasio admitted...he was in an argument with his wife earlier in the day...because he was taking the pills and he had a problem."
Police searched his car and found more than a half-ounce of prescription pain killers?that\'s enough for a felony charge?and some anxiety medicine.
In addition, there was one item that police couldn?t identify. NewsChannel 13 has learned from law enforcement sources that Anastasio also had a quantity of heroin in the car.
Washington County\'s district attorney wouldn\'t comment on the specifics of the case, but said he plans to present it to a grand jury.
Anastasio remains free on his own recognizance. After leaving Whitehall Court with his family, they hurried into a chauffeur-driven van and drove off.
The district attorney says it is likely Anastasio will be ordered to take part in a drug re-habilitation program to avoid going to jail.
