Feb 11, 2014 2 min read

A New Eagle couple waived preliminary hearings Monday on charges stemming from her alleged possession of heroin in an ice cream truck her husband reportedly was operating illegally in Centerville last summer.

Tiffany Alayne Swaney, 31, and Franklin Scott Swaney, 34, both of 500 Fourth Ave., were scheduled for hearings before District Judge Joshua Kanalis. She is charged with possession of heroin and paraphernalia and disorderly conduct. He is charged with false identification to law enforcement, driving under suspension, driving without a license and violating the borough ordinance by operating a transient business without a license.

A Centerville police officer was on patrol on Third Street in the Denbo area when he spotted a van marked “F&S Ice Cream.” Knowing the driver did not have a license to operate in the borough, police stopped the van.

The driver, who police said identified himself as Gary Swaney, admitted to selling ice cream and told the officer he was not aware the borough had an ordinance requiring a license.

Police ran a check on Gary Swaney, which turned up nothing. Police said the man again identified himself as Gary Swaney and told the officer he had a Texas driver’s license. Again, the check came up empty. Police said the man then admitted he lied to police and told them his name was Franklin Swaney. He had a suspended license.

Swaney was taken into custody for giving false identification. His wife also was in the van. Swaney was asked for permission to search the van and reportedly told the officer that police could search the vehicle but not his wife’s purse.

Tiffany Swaney was asked to get out of the van. Police said she was acting nervously but agreed to allow a sheriff’s deputy to search her purse. Inside a SpongeBob SquarePants case, police said they found a silver container with burn residue on the inside, four empty, uncapped syringes and a capped syringe containing a clear liquid that tested positive as heroin.

Both remain free on $2,500 unsecured bonds.