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Danielle McCarthy
Washington

Christi Nowak
Georgia

Anke Furber
Georgia

Levi Wren
Washington

Ephrain Schultz
New York

Mark R Ellis
Rhode Island

Sean P. Efford
New Mexico

Caitlyn Brady
New Hampshire

Katty McGuire Andrea
Washington

JP Faulk
Florida

Michael Miller
Massachusetts

Chuck Tabaka
Wisconsin

Miranda Daly
California

Jamie Leavitt
Washington

Kaylin Marie Mathews
California

RJ Davis
Alabama

Billy Grandchamp
Rhode Island

Nicholas Werhofnik
Georgia

Rebecca Marks
New York

Dustin Kueter
South Dakota

Chase Denver Julian
Louisiana

Katelynn Porter
Ontario,Canada

Tony Trujillo
Colorado

Billy Joe Towle Jr.
Michigan

Kelley Wilson
Alabama

Rhiannon Fraser
Florida

Vivianna Satterfield
New Mexico

Kelli Laine Lewis
South Carolina

Taylor Smith
Georgia


Danielle cherished family, friends and life. She had her whole life planned out; her husband, number of kids, two dogs and would be a dermatologist, a career where she could help others but have time for her family.
Christi had just enrolled in college. She just began taking First Baptist Church shuttles downtown every Thursday to befriend the homeless. Just chit chatting with them and letting them know they had a friend. In her journals, she was determined to turn her life around and she started by helping others. She volunteered often for the M.U.S.T. Ministries to help set up their clothing shop for the homeless and the children's center. She helped cooked their meals. She helped do their laundry. She wanted to go into a field helping others. She would have changed at least one person's life, for the better, when they thought there was no more hope. She didn't show up last Thursday. She died.
In the months before she was killed, 21-year-old Anke Furber had been acting scared and she seemed to know she was in danger. Several days after Furber's charred remains were discovered in a small vineyard in Norcross, Anke's mom, Ria, found a note in Anke's desk at home in Marietta. In it, Anke seemed to foreshadow her own death. She wrote, "My parents would surely grieve the loss of their wonderful daughter whose craziness would soon lead to her slaughter". Ria isnt sure exactly when the note was written, but believes it was written in a close time frame to the actual murder.
At 22 years old, Levi had goals and ambitions of being a business owner, a husband and a father. He loved his family and friends with everything in him and would do anything for you. His shyness and manners we're a shining attribute to who he was. Unfortunately, Levi befriended someone who for nearly three years took advantage of his kindness and when asked to leave his home, he killed him. If he would have just walked out the door as asked, Levi would still be here today. We'll never know all the wonderful things that Levi would have accomplished, but we know he was a "Friend" till the end.
Ephraim was 21 yrs old when he prematurely transitioned to the other side. He was a very warm hearted young man. And was always available to help friends and family. As his cousin Ben said about him: "You can lay a 1,000. on the table and know completely that Ephraim would have never taken it". He spent most of his days at Antique World in Clarence , NY which was owned and operated by his Uncle. That was my sons world. A world he will no longer be able to participate in. He is sorely missed by his family and friends.
Mark suffered a brain injury at the age of 19 the night of a high school prom. Mark died at the age of 25. Life was hard for Mark, he lived an aphasic life. Mark struggled to relearn his alphabet and to speak again. Neuro rehab, drug rehab, jails, institutions and death. Mark was disabled and a fighter all at the same time. College, heavy equipment operator, volunteering were all part of these six years. Mark loved kids and wished he had one. Due to the selfish reasoning of his so called friends, Mark will never be able to achieve his dreams that he fought so hard for. Mark's struggle is over !! PEACE..........
His friends describe him as a kind, warm hearted, full of energy, always smiling, and a very silly young man. They also said that whenever Sean walked into a room that he had the ability lighting up the room because he was full of life and energy! He loved his dad, his mom, and his sister very much. He had a very special bond with his great grandma Efford and his great aunt Charlene whom also up in heaven with him. A warm hug from Sean was just another way that he showed his affection to his family and friends
When Cayte was in the middle school she was on the track team, she was a cheerleader for the Nor-Roc Vikings, she was on a soccer team, and she loved attending the dances at the Sad Cafe. When she went to high school, all of those activities stopped. The sad reason was because she was too old. All the kids have, once they reach high school, are the woods and the homes of friends when the parents are at work. If she had activities to do after school when she went to high school, maybe this wouldn't have happened.
From her birth to her passing Katty touched so many lives. Not only did her family have the joy of watching her grow from a 6 pound baby girl to a beautiful young woman, but so many others did as well. The lives she touched are too many to fathom. Her beauty and grace preceded her where ever she went. Her heart was made of fine gold and she cared for others always before herself. She was not just special to all of us but to the Lord who saw fit to call her home at such a young age. Her mansion was ready! When we think of Katty now we all can be at peace because we know she is with her Lord, never to face this harsh world we live in day to day. She is with us always when we remember her smile, her touch, and her kind words. We all had the pleasure of being touched by an ANGEL!
We want our son's name to be Remembered and to bring hope and joy out of something that has been the darkest and heartbreaking days of our families life. JP was very out spoken and we have decided to be that way on this site and to be his voice about the drug companies and the public official's that sit back and do nothing. If we could save one person from what our family had to go Through and is still going Through, it would be all worth it We will not stop until the truth gets out. We want his memory to live on.
Time has gone by so quickly and it seems like we haven't seen your face in forever. Our hearts are broken, our tears flow so freely and our souls feel empty. Michael, you left us with so many happy memories but the memories can never take your place. We know you and your uncle Sam are saving a place for those who cherished you the most.
Two weeks before he died, Chuck called me on the phone. He was excited to tell me he was joining the National Guard. He had begun to think about being a History Teacher. He planned to attend school after basic training. He also mentioned a new girlfriend. He was pretty crazy about her but wanted to give things a little more time before making her "meet the parents". Still, we made plans to meet for lunch once July wound down. He thought we might all get together and told me not to worry, he had a job and would help pay the check. The first time I met the young lady he was so crazy about was as she cried herself senseless over his casket. She laid a broken heart chain and necklace across his hands. She wore the mating half around her slender neck. Her courage in court helped to solidify the deal that sent a drug dealer to prison. I hope she, and Chuck's other friends, make the right decision and swear off drug use so we may never see their faces on these pages.
Everyone ever touched by Miranda. This will be a tribute to the life she lived. She was the most remarkable and inspirational woman I have ever known. I was in awe of my own daughter. Even as her mother, her beauty took my breath away, and as she walked this earth from her crawling stages to adulthood her beauty from the inside amazed me. Miranda loved about every living thing and each friend she had she made her relationship with them special and unique.
Jamie was a very loving son, brother, grandson, nephew, boyfriend and friend.. Most importantly he was the best father anyone could have asked for.. Even though he was only 16 when he was taken away from us from his so called friend, he did everything for his daughter and mother of his daughter  that he had asked to marry him when he turns 18.. Jamie was the type of kid that would take his shirt off his back for anyone that needs it..  Jamie died on April 23, 2008.. If only his so called friend (29 yrs old), his mother and the other people at the home called 911 instead of waiting 3 hours, he would still be here with us today.. Jamie's dad passed away Nov 2005 and he had a hard time dealing with loosing his father and could not believe he was gone.. Well now Jamie is at home with his dad..Until we meet again... I am proud of you my son..Love you always and forever, Mommy
Kaylin Marie Mathews was born on a Tuesday March 1, 1988. Kaylin was my oldest child and my only daughter. She could play the piano, guitar, and drums and loved to sing. She had been "spinning records" the last few years and loved to mix music. She had been working as a d.j. at the time of her death and was very good. Kaylin was an only child for 71/2 years. She has one brother and one sister. She was a talented writer. She made jewelry and she could draw. There was nothing that my baby couldn't do, if she wanted to. Kaylin was left to die in a ravine on June 30, 2008. She was found on July 1, 2008. Her date of death is listed as a Tuesday July 1, 2008. She was 20 years old. I miss her every second of every day. The world lost an amazing talent and an amazing young woman. I lost a part of my heart.
R.J. was truly a blessing in our lives. He was the kind of son that most parents only dream of having. He always respected and obeyed his parents and never got in trouble. RJ was never in trouble in his life RJ always called home to let us know where he was and when he would be home. When he was missing and we couldn't reach him on his cell phone, we knew immediately something terrible was wrong. This is a nightmare that no parent should have to go through and we are living it. Our concern is not what we are going through, but what our son had to go through in his final moments of life.
William Michael Grandchamp better known as Billy, was born Nov 7,1979. HE was a only child. Billy had many friends. Billy often told his friends that his MOM was his best friend. Billy liked to collect sports attire like jerseys and sports caps.Everything he wore had to match. He was meticulous with his clothing, car, and home. Although, Billy had no children of his own he loved children. He told me his greatest wish was to find a good girl and settle down and have a family. That seemed to be very important to him. Even at a young age he had a gift with children. Billy's friends have always commented on how good he was with their children and how their children loved him. Billy was loved by so many people. He had over 800 friends and family members at his wake. Billy will be greatly missed by all his family and friends.
Chase lived life spontaneously with the freedom of a butterfly – a free spirit & soul – no one could hold him down, except his baby girl. She was his LIFE. There wasn’t anything he wouldn’t do for her, including getting clean. Chase was clean 1.5 yrs, after 6 months in residential rehab in New Orleans, continued with NA meetings, substance abuse group counseling, and sought out a Navy recruiter who told him all he would have to do to be eligible. He seemed to be on his way, until he fell off the wagon 12 days out of jail. Turning to heroin again to deal with stress was the mistake of his life. “Chase’s Story” is shared with you on his main page. Thanks for taking time to read it. Sincere and heartfelt thanks to the FDLFD Family for taking us under their wings. “They will sing me to them, and I will hear.” ~RIP Chase~4evrYng~1985-2009
Katelynn Lillian Porter, 16, of West Elgin, was killed in a car crash on Dunborough Rd. in Elgin County. “In loving memory of Katelynn Porter. 12/12/09. 9:40 p.m.” is written between two hearts on the roadside memorial, a makeshift cross. Porter was a student at West Elgin secondary school, where officials are trying to come to grips with the news of her death, especially so close to Christmas.
Tony passed away 10 days after his 16th birthday. He asked permission to spend the night at his friends and I told him yes. I told him" I love you" and he replied "I love you too Mom. Tony was the kid who wanted to make everyone laugh. He had such a wonderful sense of humor and a big heart. He would talk to his friends for hours trying to help them solve their problems. He was a loving big brother, and a wonderful son. He would help you with anything without even being asked. Tony was an extremely intelligent child. He was always placed in advanced classes. A week before he passed we received a letter from Columbine informing us that Tony was nominated to participate in their advanced English Program. He had a gift for writing stories.
She loved all things technical and mechanical with her older brother Ian and fashion and decorating days with her older sister Genevieve. She loved Gothic country art, the workings of the human body, video games, driving and her new tattoo machine. She loved swimming and surfing. She loved all things living and loved her dog Timpleton and her parrot Thermopolis. She had a strong heart and soul, was an independent and progressive thinker, open minded and a will power like no one else. Her favorite place to go was Barnes and Noble.
Vivianna Satterfield was 15 years old! Vivi was the type of young lady that put other people in front of herself. She would always say "Peace and Love".
Kelli Laine Lewis is my only daughter. Kelli died when she was 18 after attending a party hosted by 3 adults who offered a $5.00 entry fee to come and drink all you wanted. A pretty tempting offer for teens not old enough to buy alcohol.
Growing up – she had it all. She was smart and witty - she could come up with a jovial comeback in almost any conversation or situation. She wShe was smart and witty - she could come up with a jovial comeback in almost any conversation or situation. She was always photographing everything and always laughing. She had an infectious laugh, loud and squeaky, but incredibly endearing. Taylor was a huge fan of Tyler Perry’s Madea. She owned every play and knew every word to every gospel song in the plays. She would sing them at the top of her lungs to anyone that would listen. as always photographing everything and always laughing. She had an infectious laugh, loud and squeaky, but incredibly endearing.
He went out THE FIRST TIME to celebrate being "LEGAL" with a creep he considered a friend (even though we warned him this guy was not a true friend). My son did not drive so he was picked up about ten thirty. Even when it was obvious my son was having difficulties this creep brought him to his own house , which is 4 houses away for a few hours, and dropped him off here at home in the middle of the night WITHOUT KNOCKING OR CALLING OR WAKING US UP. We found Ben in his bed the next morning when we tried to wake him.

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Washington News:



Woman to be sentenced as juvenile in Ecstasy death; family 'appalled'   


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Donalydia Huertas, 18, cries Wednesday after Superior Court Judge Ellen Fair decided Huertas should be sentenced as a juvenile in the 2007 death of Danielle McCarthy, 16.

 

Published: Thursday, August 14, 2008

 Kevin Nortz / The Herald

Woman to be sentenced as juvenile in Ecstasy death; family 'appalled'                                     

By Diana Hefley, Herald Writer

EVERETT -- Her life was priceless to them.

Danielle McCarthy's parents heard something different in a courtroom on Wednesday.

"Danielle's life, in the state of Washington, is worth zero to 30 days. I would have died for her," the teen's mother, Lisa McCarthy, said. "For this to be the end result, I'm appalled. I'm appalled by the way we've been treated."

The Puyallup teenager who gave McCarthy, 16, Ecstasy and stood by as the drug ended the girl's life, could escape spending any time in jail after a ruling handed down Wednesday in Snohomish County Superior Court.

A judge ordered that Donalydia Huertas, 18, be sentenced in juvenile court in the 2007 overdose death. A jury convicted Huertas in June of controlled substance homicide and second-degree manslaughter.

Huertas provided McCarthy with Ecstasy during a night of partying between Puyallup, Seattle and Edmonds. She discouraged other partygoers to summon medical aid for McCarthy, who showed signs of overdosing for hours. McCarthy was eventually taken to Stevens Hospital in Edmonds, where doctors determined she had died.

Although she was tried and convicted in adult court, Huertas got a break on punishment because of the jury's verdict and her age at the time of the crime.

Huertas could have faced nearly six years in prison. Under juvenile rules, her standard sentence could be between zero and 30 days in juvenile detention.

Superior Court Judge Ellen Fair told Huertas that the teen showed lack of judgment and stupidity the night McCarthy died. The judge also said she believes there is likelihood that Huertas can be rehabilitated.

"I think Ms. Huertas is on the road to recognizing her responsibility in the whole sad state of affairs," Fair said.

Huertas, who remains free on bail, is scheduled to be sentenced Aug. 25.

Co-defendant David Morris, 21, who sold the Ecstasy to Huertas, pleaded guilty to controlled substance homicide in November. He was sentenced to nearly five years in prison. Under a drug-offender alternative sentence, he will be allowed to spend about half his sentence seeking drug treatment outside prison.

Snohomish County prosecutors say they will ask that Huertas be locked up until she is 21. They argued that a regular juvenile sentence would be a manifest injustice.

"The fact that she's shown no remorse, not even a hint that she's done anything wrong, makes her a danger to the community," Snohomish County deputy prosecutor Coleen St. Clair said.

She argued that a sentence in the juvenile system wouldn't provide time enough to protect the community. Huertas won't be required to be supervised by the state Department of Corrections under juvenile sentencing, St. Clair said.

Huertas' attorney Wayne Fricke said his client is remorseful and working hard to make amends. Huertas underwent drug and alcohol counseling and continues to see a mental health provider, he said.

"She's climbing up the ladder. We should applaud that," Fricke said.

Prosecutors initially charged Huertas in juvenile court with controlled substance homicide. The case was moved to adult court after plea negotiations broke down and Huertas was charged with first-degree manslaughter. That offense automatically sent the case to adult court.

The jury could not agree on first-degree manslaughter charge. Instead, they convicted Huertas of the lesser second-degree manslaughter charge. That crime on its own was not serious enough to keep the case in adult court.

Huertas was 17 at the time she gave Ecstasy to McCarthy. She turns 19 today .

The juvenile court considers a number of factors in its decision to decline jurisdiction, including the protection of the community and the likelihood the offender can be rehabilitated in the juvenile detention system.

St. Clair on Wednesday argued that Huertas committed a serious crime that cost a girl her life, yet Huertas had engaged in a campaign to portray herself as the victim. She and her friends harassed witnesses to the point one girl was forced to get a protection order against Huertas, St. Clair said.

Huertas left messages on McCarthy's MySpace page denying that she did anything wrong the night her classmate overdosed on Ecstasy, St. Clair said.

Huertas wrote to McCarthy's family, telling them she gave up her own partying that night to help their daughter, court documents said. She chastised McCarthy's family for casting blame, prosecutors wrote.

"Sorry if any of this hurts but put yourself in my shoes. You and your family have put me through hell and I am still here cause I know Danielle has been with me," Huertas allegedly wrote online. "She told me to brush it off cause ONE day they will realize they were wrong."

Fricke dismissed the bulk of the online postings, saying they were not directly written by Huertas but by people she knew. Huertas couldn't be held responsible for the actions of others, he said.

Fricke said Huertas was the target of a smear campaign since McCarthy's death. She was forced to leave school and was harassed. Huertas was working at a restaurant when someone threw red wine on her and called her a murderer, he said. She has attempted suicide, according to testimony Wednesday.

Fair said she had to balance the proven facts of the crime against the emotions surrounding a young person's death.

While the e-mail exchanges between Huertas and her friends are disturbing and offensive, Fair said she believes Huertas is sorry for McCarthy's death.

The judge also said she understands Patrick and Lisa McCarthy's desire to see Huertas receive the maximum sentence.

Patrick and Lisa McCarthy said the judge had an opportunity to send a strong message to young people about the consequences of drug use. Instead, Wednesday's decision only shows that there's no real punishment, Patrick McCarthy said.

"I believe today's decision wasn't right," he said. "It's putting all kids in jeopardy."

Despite the decision, the McCarthys say they will continue to bring attention to the crime of controlled substance homicide -- for their daughter.

"If there's an overdose death, someone is guilty," Patrick McCarthy said.

Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.


Lawmaker wants people to call 911 for drug ODs

Mar, 1, 2009

MELISSA SANTOS; melissa.santos@thenewstribune.com

Danielle McCarthy might have survived an Ecstasy overdose two years ago, if only her friends had called 911 for help.

The 16-year-old Puyallup girl died on New Years Day 2007 after attending parties in Edmonds and Seattle. She showed signs of overdosing for nearly eight hours, but no one with her called for medical aid.

A bill under consideration in the state Legislature aims to get people to report overdoses before they turn fatal.

And Danielles father, Pat McCarthy, opposes it.

Senate Bill 5516 would forgo charging people with drug possession if they were caught because they sought help for an overdose. The bill passed out of committee Feb. 19 and soon could be scheduled for a floor vote.

Bill sponsor Sen. Rosa Franklin, D-Tacoma, said she doesnt want fear of drug possession charges to stop people from calling 911 when someone overdoses.

My interest in this bill is actually about saving lives, Franklin said last week.

A bill similar to Franklins, Substitute House Bill 1796, is also moving through the Capitol.

TICKET TO FREEDOM

Pat McCarthy said the bills would create a loophole for people to get away with drug offenses.

As long as you call 911, its your ticket to freedom, McCarthy said. Even if they call after someones already dead, it seems to give immunity.

The bills wouldnt protect people who distribute drugs or are accused of controlled substance homicide, the legal term for providing drugs that lead to a fatal overdose.

That was the charge brought against the two people who provided Ecstasy to Danielle McCarthy. One, David Morris, pleaded guilty to the charge and was sentenced to nearly five years in prison. The other, Donalydia Huertas, a former classmate of Danielles at Rogers High School, was convicted of second-degree manslaughter and received two years of juvenile detention.

At least three other people were with Danielle while she was dying, court records say, and none made the phone call that could have saved her life.

According to court records, Danielle vomited repeatedly and drifted in and out of consciousness for several hours. When her companions couldnt awaken her around 6:30 a.m. on New Years Day, they placed her in a warm bath for about 15 minutes and researched Ecstasy overdose on the Internet, the records state.

DISCOURAGED FROM CALLING 911

Morris called his mother, a registered nurse, and she told him to call 911, the documents say, but the host of the party discouraged him from calling because the host had a warrant out for his arrest.

Morris and Huertas drove Danielle to an Edmonds hospital around 9:45 a.m., but she was already dead.

They could have called, Franklin said.

The Tacoma lawmaker, who has served nearly two decades, said Danielles case was one of many that prompted her to introduce the legislation.

According to state statistics, 5.6 Washington residents per 100,000 died from drug use in 1992; by 2003 that number had risen to 9.9 deaths per 100,000.

But Pat McCarthy said he doesnt think eliminating the threat of drug possession charges would have prompted any of Danielles friends to call 911.

People out there, if theyre going to call, they will, he said. Its about compassion. Theres nothing that could ever happen to you from calling that compares to somebody dying.

Prosecutors share McCarthys concerns that Franklins bill could complicate criminal trials without changing peoples behavior, said Tom McBride, executive director of the Washington Association of Prosecuting Attorneys.

The bill could create an argument for suppression of evidence in a variety of drug cases, McBride said.

Theres a grant of immunity from prosecution in this bill, McBride said at the bills hearing before the Senate Judiciary Committee on Feb. 11. You cant take that back.

Also, defendants occasionally are tried for drug delivery, but a jury ends up convicting them on a lesser charge of drug possession, McBride said. The law doesnt address whether the reduced charge would stand if a 911 call was made before an arrest, he said.

HOLD THEM RESPONSIBLE

Pat McCarthy said he thinks legislators should take the opposite approach of what is contained in Franklins bill: They should make it a crime for people to fail to summon aid for someone who is overdosing.

Thats a better strategy than eliminating the threat of a drug charge for people who do decide to call, he said.

Youll probably see a reduction in overdose deaths if people know they are going to be held responsible for their actions, McCarthy said.

He suggested that current failure-to-summon-assistance laws could be used for that purpose, but McBride said it would be hard to apply those statutes to drug overdoses.

Franklin said she sees punishing people who dont call 911 as a negative way to approach the problem. She said shes trying to use a carrot rather than a stick.

I think it would push people away so they dont call, Franklin said. Its just not going about it the right way.

Melissa Santos: 253-552-7058




Two accused of causing friend's overdose death
Published:

Saturday, December 22, 2007
By Jim Haley, Herald Writer

Two friends of an Everett woman who died of an overdose of a dangerous drug were charged Friday with controlled substance homicide.

The two friends allegedly supplied GHB to Kyla Helvey, 21, of Everett, on Sept. 11. Helvey passed out and her friends didn't immediately call for medical aid.

GHB, which stands for gamma-hydroxybutyric acid, is sometimes used at rave parties, by body builders and as a version of a date-rape drug.

The friends, Brooke E. James, 20, of Marysville, and Mallori Carmin Smith, 23, of Lake Stevens, are expected to be arraigned early next month.

The Snohomish County medical examiner's office said Helvey died from acute intoxication: a combined effect of GHB and alcohol consumption, deputy prosecutor Mara Rozzano said.

The victim had three times as much GHB in her system as would have put her into a deep-sleep coma, Rozzano said.

According to charging papers, the three women got together to soak in a hot tub and have some drinks. Smith started talking about GHB and said someone left the drug at her place in a water bottle after a party, charging papers said.

Both defendants told Helvey about the dangers of the drug and warned her not to take too much, papers said. Smith and James put small amounts into their drinks. Helvey drank straight from the water bottle containing GHB, according to documents.

When Helvey passed out, the other two tried to rouse her but couldn't. They got some blankets and pillows for her, and let her sleep, snoring "real loud," documents said.

Helvey was dead by morning.

If her companions had sought aid for Helvey when she collapsed, "Kyla would not have died," Rozzano said.

Rozzano said GHB provides intoxication without a hangover. Street names include liquid Ecstasy, scoop, easy lay, Georgia home boy, liquid X and or simply G.

In lower doses, GHB causes drowsiness, dizziness, nausea and visual disturbances. Higher dosages result in unconsciousness, seizures, severe respiratory depression and sometimes coma, according to a federal Drug Enforcement Administration Web site.

Overdoses usually require emergency room treatment, including intensive care for respiratory problems and coma, the DEA says.

Controlled substance homicide is an unusual charge. It's been on the books for a long time, but is used infrequently because it's often difficult to trace the person who supplied the drug.

In a separate case, two people were charged with controlled substance homicide following a New Year's Eve party in Edmonds last December when a 16-year-old girl died of an overdose of the drug Ecstasy.

A man has pleaded guilty and an 18-year-old woman is scheduled for trial early next year.

Helvey drank alcohol, her friends said, but never had taken hard drugs before that night, Rozzano said.



Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.
http://www.heraldnet.com/article/20071222/NEWS01/836215041&news01ad=1

 


 

 

Guilty plea to controlled substance homicide in Edmonds overdose
THE ASSOCIATED PRESS
Last updated December 3, 2007 1:45 p.m. PT

EVERETT, Wash. -- A young man accused of selling Ecstasy to a teenager who died of an overdose on New Year's Day has pleaded guilty to controlled substance homicide.

David Michael Morris, 20, of Puyallup, could face up to five years in prison under the plea he entered Friday in Snohomish County Superior Court but plans to apply to a special alternative for drug offenders under which he could spend half that time in prison and the rest undergoing drug therapy.

In a plea deal Morris also promised to testify against Donalydia Huertas, 18, about the case of Danielle Dawn McCarthy, 16, also of Puyallup, who died after a round of New Year's Eve partying in Edmonds and the University District of Seattle.

Huertas, charged with controlled substance homicide and first-degree manslaughter, is expected to go on trial in late January or early February, Deputy Prosecutor Colleen St. Clair said.

According to court filings, Morris, Huertas and McCarthy were in a group of young people who attended a New Year's party in Edmonds. Morris was accused of selling Ecstasy to Huertas, who is accused of giving the drug to McCarthy.

Investigators wrote that McCarthy got sick early on New Year's Day and that Huertas repeatedly refused to let others get help for her. McCarthy was pronounced dead more than eight hours later when friends took her to Stevens Hospital in Edmonds.

Information from: The Herald, http://www.heraldnet.com

 


 

Everson man tried for murder in overdose

Blaine man died of supplied drugs

    An Everson man who allegedly provided drugs to a friend who fatally overdosed is being charged with murder. Charles P. Roessell Sr., 36, could face between four and 10 years in prison for controlled substance homicide if Whatcom County prosecutors can convince a jury that Roessell was responsible for the death of Russell Rodriguez, 40, of Blaine.

Roessell was arrested Nov. 10 after sheriffs deputies found Rodriguez dead of an overdose on a makeshift bed in Roessells Van Buren Road home, according to charging documents filed in Whatcom County Superior Court.

  When questioned by deputies, Roessell admitted that he had given Rodriguez five methadone and five oxycodone pills two days earlier in exchange for Rodriguezs help doing yard work at the house.

After finishing the work, Roessell and Rodriguez had dinner and then crushed the pills and snorted the powder, according to the documents. Roessell later admitted giving Rodriguez three more oxycodone, three more methadone and one Clonazepam pill that night.

Rodriguez was found dead the next morning. Deputies arrested Roessell after he admitted to snorting the drugs with Rodriguez the night before. Roessell told police he had been giving Rodriguez the pills for approximately two months, according to the documents.

Mac Setter, chief criminal deputy at the Prosecutors Office, said he and Prosecutor Dave McEachran have tried several controlled substance homicide cases over the years, but called it the only charge where we have been uniquely unsuccessful.

Setter said jurors in past cases have indicated that they believed the drug user was more responsible than the drug provider.

(Jurors believe) the drugs dont get in the victims system without the victims participation or consent, Setter wrote in an email.

One of these unsuccessful prosecutions was that of Shellina R. Lane, 34, of Bellingham in 2001. Lane was charged after giving 19-year-old Harland Johnston methadone. Her case ended in a mistrial after her public defender convinced the jury that Johnston voluntarily took the drug.

Roessells public defender, Geraldine Coleman, declined to comment on the case before it goes to trial. It is tentatively scheduled for April 7.

Rich Fasy, chief deputy at the Whatcom County Public Defenders Office, said juries might be more likely to convict someone of the crime in situations in which the drug provider purposely gave a user an extremely high dose or forced someone to take the drug.

It seems least appropriate to charge someone when (the victim) was an active party in using the drugs as compared to when (the dealer) is foisting them on (the user) in a predatory manner, Fasy said.

Setter said the typical controlled substance homicide case involves a group of individuals pooling money for drugs and then fleeing when one person overdoses.

Such cases are particularly offensive because a simple call to 911 would result in the administration of Narcan or another suitable medical intervention, which is typically successful, Setter wrote.

Setter said prosecutors often add a possession or delivery of a controlled substance charge to these sorts of cases. Most juries have no problem finding the defendant guilty of that charge, Setter added.




Published: Tuesday, October 21, 2008

Woman pleads guilty in friend's drug overdose death

By Diana Hefley
Herald Writer

EVERETT -- Kyla Helvey wasn't alone when a potent rave party drug Mallori Smith as she pleads guilty to the 2007 overdose death of Kyla Helveyattacked her body.

Two women watched as Helvey, 21, collapsed to the floor. Prosecutors allege they did nothing to save Helvey.

They didn't summon medical attention until after Helvey was already dead.

Mallori Smith, 24, admitted Monday she bears responsibility. Smith pleaded guilty to second-degree manslaughter with lack of remorse as an aggravating factor. She faces up to three years in prison.

Her time in prison hinges on the results of genetic testing. Prosecutors say evidence suggests Helvey was sexually assaulted some time after she ingested the drug. Smith denies involvement.

Smith, of Lake Stevens, wept as Snohomish County Superior Court Judge Bruce Weiss read from documents admitting she negligently caused her friend's death.

Smith's attorney Max Harrison put his arm around her shoulder as Smith quietly told the judge she was guilty.

Helvey's parents wrapped their arms around each other as they watched Monday's hearing. Helvey's mother wore a picture of her daughter pinned to her shirt.

Weiss on Friday had delayed a plea hearing to give Smith time to review the agreement with her attorney. Weiss asked Smith twice Monday if she had been threatened or promised anything. Smith had earlier indicated she wouldn't accept any plea agreement and expected to go to trial.

As part of the plea agreement, Smith now has agreed to testify against co-defendant Brooke James, 21.

James is charged with first-degree manslaughter with lack of remorse.

Prosecutors allege that James has continued to party after Helvey's death. They also point to a disturbing tattoo that James had inked onto her stomach. The tattoo reads "die pretty."

James sees the tattoo as a memorial to Helvey, her attorney Jon Zualaf wrote in court documents.

Prosecutors also have said in court that James may face a rape charge pending the outcome of genetic testing. James has denied any sexual contact with Helvey.

Helvey died Sept. 11, 2007, of acute intoxication, the combined effects of alcohol and GHB, gamma hydroxybutric acid. The drug also is known as a date rape drug.

Snohomish County deputy prosecutor Mara Rozzano plans to recommend that Smith spend three years in prison if the genetic testing indicates that Helvey was sexually assaulted. If not, Rozzano will recommend just over two years.

Smith's sentencing is scheduled for next week but is expected to be delayed.

The trial against James is scheduled to begin in two weeks. It likely will be delayed in light of a recent ruling by Superior Court Judge Linda Krese, lawyers said.

Krese ruled that James' statements to police are admissible but the judge wrote she has concerns about proceeding to trial without independent corroborating evidence.

The three women gathered together to soak in a hot tub and have some drinks, according to court documents. Smith started talking about GHB, and said someone left the drug at her place in a water bottle after a party, papers said.

Both defendants told Helvey about the dangers of the drug and warned her not to take too much, according to court documents. Smith and James put small amounts into their drinks. Helvey drank straight from the water bottle containing GHB, according to documents.

Smith and James allegedly told investigators they tried to rouse Helvey when she collapsed. When they couldn't, they got some blankets and pillows for her, according to court documents.

Helvey was dead by morning.



Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.




Friends Team



Published: Friday, April 25, 2008

Suspicions lead to arrest in death of teen in Lynnwood

A man is jailed after suspicions arise in the death of a 16-year-old Mill Creek boy.

LYNNWOOD -- Two months after he took himself out of a court-supervised drug rehab program, a Mill Creek teenager with a history of addiction slipped out of consciousness in the basement of a Lynnwood home.

Rescue crews were told the 16-year-old boy had overdosed.

What caused the boy to pass out and die Wednesday afternoon is now the subject of a police investigation. The doctors who tried to save him found a skull fracture.

Jamie D. Leavitt was visiting a Lynnwood man, Robert J. Spillum, 29, whom the boy had been barred from seeing by a juvenile court judge.

Spillum was arrested Wednesday in connection with Leavitt's death. He was jailed for investigation of second-degree murder. A judge Thursday ordered Spillum held on $500,000 bail.

Detectives became suspicious when Spillum winced in pain as he shook an officer's hand, according to a police affidavit filed Thursday in Everett District Court.

At first Spillum told detectives he hurt his hand trying to subdue an out-of-control Leavitt, court documents said.

Later, the story changed.

After questioning, Spillum allegedly told police he held the boy on the floor and punched him in the face as many as five times, the documents said. Spillum told police Leavitt was in a drug-induced state and had continuously tried to hug him.

Spillum told detectives Leavitt drank "worb water" -- drug slang for the residue left over after methamphetamine is smoked in a water pipe.

Police noticed that Spillum's hand was red and swollen. Spillum's mother told police she saw him holding the boy down on a bed and had his hand over the teen's chin, police wrote in the affidavit.

Kerri Leavitt doesn't understand what happened to her son. She said she talked to him about 1 p.m. and he seemed fine. The teen was planning to visit with his 10-month-old daughter, she said.

The teenager's mother isn't convinced he overdosed, she said.

"He was getting his life together," Kerri Leavitt said. "He was doing everything for his daughter."

Her son became addicted to meth after the death of his father in 2005, she said. Jamie Leavitt recently finished inpatient drug treatment and had been ordered to seek additional treatment after being convicted of resisting arrest, according to court records.

The boy was considering joining Job Corps, an alternative to high school.

Spillum's relatives attended Thursday's bail hearing. A man who identified himself as Spillum's father -- but refused to say his name -- told reporters Spillum was being unjustly accused of a crime he didn't commit. He believes Leavitt overdosed on drugs and Spillum was trying to help the boy, not hurt him.

"He was like a big brother to him," the man said. "He had taken the kid under his wing."

During a sentencing hearing in February, a judge ordered Leavitt to stay away from Spillum. Court papers provide no information about why.

Snohomish County deputy prosecutor Tobin Darrow handled Leavitt's prosecution in juvenile court. He said he could not recall the reason for the no-contact order, but added that it is typical for such orders to be sought in cases where an adult apparently is connected to a teen's drug problems.

Leavitt died Wednesday afternoon at Stevens Hospital in Edmonds, police said. Doctors told detectives the boy had a fractured skull.

The case remains under investigation, the Snohomish County medical examiner said Thursday. It make take weeks to determine what caused Leavitt's death.

"While this case remains under investigation, it's an unfortunate situation," said Shannon Sessions, a Lynnwood police spokeswoman. "It's a sad story."

On Thursday, Doug Hansen drove down by the home in the 4500 block of 172nd Place SW to see if it was a place his three teenagers had ever visited.

He lives in the neighborhood and said drug use by young people scares him.

News of Leavitt's death left him feeling unsettled.

"You don't want to get that phone call as a parent," he said.

Reporter Jackson Holtz: 425-339-3437 or jholtz@heraldnet.com.

 

16-year-old father dies after beating; Lynnwood man, 29, arrested



Jamie D. Leavitt, 16, is shown with his infant daughter in this photo from
his MySpace page.

 

Story Published: Apr 23, 2008 at 10:07 PM PST

Story Updated: Nov 20, 2008 at 5:51 PM PST

By KOMO Staff

LYNNWOOD - A 29-year-old Lynnwood man has been arrested on suspicion of second-degree murder in connection with the beating death of a 16-year-old boy who reportedly was trying to kick drugs after having a baby daughter.

But police said the boy's death on Wednesday followed a fight that may have been drug-related, and drugs were found in the home where the incident took place.

Paramedics were called to a home in the 4500 block of 172nd Place SW around 1:40 p.m. and found the unconscious 16-year-old inside with a skull fracture.

The victim, later identified as Jamie D. Leavitt, 16, was taken to Stevens Hospital, where has pronounced dead two hours later. Leavitt leaves behind a 10-month-old baby daughter.

Detectives interviewed a resident of the home, Robert J. Spillum, 29, who initially told them that Leavitt had shown up at the house, high on methamphetamine and out of control. Spillum said he grabbed Leavitt to stop him from injuring himself.

Spillum later told investigators he punched the boy because he tried to hug him. During the altercation that followed, Spillum said he punched Leavitt several times in the face and grabbed him by the throat, Lynnwood police said.

Police reports also say it also took Spillum more than three hours to call 911 after Leavitt started showing signs of an overdose.

Spillum was arrested and booked into Snohomish County Jail.

Police also interviewed Spillum's mother and girlfriend, who were there at the time of the altercation.

Spillum's mother said she saw her son holding Leavitt on the bed with his hand on his chin, according to police. The girlfriend told police that it was the mother who found the 16-year-old unconscious on the bed.

Leavitt's mother, Kerrie Leavitt, said her son had known Spillum for some time, and her son told her they used to do drugs together. But Leavitt had ben trying to quit.

"He was doing really good. He was going through counseling, and he was going to meetings to help get himself better," said Kerrie Leavitt. "He was doing very good, and I was very proud of him."

"I am angry with (Spillum) because he knows my son was trying to come clean," she added. "I just don't know what happened ... if my son did use drugs then."

More details will be released as they become available.



 Woman must remain in jail

Donalydia Huertas should stay behind bars until she turns 21, an appeals court rules.

Everett, Wash.

Published: Tuesday, July 28, 2009

The state Court of Appeals wont free a woman convicted in the 2007 Ecstasy overdose death of a Puyallup teen.

In a written opinion released Monday, the court agreed that Donalydia Huertas, 19, should remain behind bars until her 21st birthday for the death of Danielle McCarthy, 16.

Huertas, who turns 20 next month, has been locked up since August 2008 when Superior Court Judge Ellen Fair sentenced the teen to about two years behind bars.

Huertas was accused of providing McCarthy with Ecstasy, a potent party drug, on New Years Eve 2006. She also was accused of refusing to summon medical attention for McCarthy who showed signs of overdosing for more than eight hours.

McCarthy was eventually taken to Stevens Hospital in Edmonds, where she was pronounced dead.

Huertas, who was 17 at the time of the incident, was tried as an adult.

A jury convicted Huertas of controlled substance homicide but couldnt agree on the first-degree manslaughter charge. Instead, jurors found Huertas guilty of the lesser second-degree manslaughter charge. That crime on its own was not serious enough to keep the case in adult court.

Under juvenile rules, the standard sentence was up to 30 days in juvenile detention.

Fair determined that the standard juvenile sentence would be a manifest injustice.

The judge said Huertas needed to be locked up longer than a month to protect the community. The crime was cruel and McCarthy was a vulnerable victim whom Huertas refused to help, the judge ruled.

Huertas appealed the conviction and the manifest injustice sentence. She argued that her right to a speedy trial was violated, the jury received improper instructions and claimed that she was convicted twice for the same crime. She also argued that the judge relied on inappropriate factors to deviate from the standard sentence.

The appeals court declined to overturn the conviction. The court determined that Fair erred on two points when handing down the sentence but upheld the sentence, finding that Fair would have arrived at the same decision if she hadnt relied on the two factors, according to the opinion.



Diana Hefley: 425-339-3463, hefley@heraldnet.com.

2009The Daily Herald Co., Everett, WA




Man arrested in boy's death is released

By Jennifer Sullivan

Seattle Times staff reporter

A 29-year-old man arrested in connection with the death of a 16-year-old boy was released Monday night from the Snohomish County Jail without being charged.

Lynnwood Police Cmdr. Jim Nelson said the results of an autopsy on the teen didn't yield strong enough evidence to keep the man behind bars. Nelson said the case is still under investigation.

"We have to have certain things before we make a charging decision," Nelson said Tuesday. "This is not unanticipated."

Last Wednesday, Jamie Leavitt was found unconscious at a home in the 4500 block of 172nd Place Southwest in Lynnwood. Medics took the teen to Stevens Hospital in Edmonds, where physicians told police the boy appeared to have suffered a fractured skull, according to court documents.

Police believe the man punched the boy in the face several times after the drug-intoxicated teen kept trying to hug him, court documents said. The man and his girlfriend told police the boy had been drinking "worb water," the fluid left in a water pipe after it has been used to smoke methamphetamine, court papers said.

The man initially told police that he only restrained the boy to keep him from hurting himself because he was "out of control," charging papers said. The 29-year-old man's mother told police she found her son holding Leavitt down on a bed. The 911 call was placed three hours later.

The 29-year-old man was booked into jail for investigation of second-degree murder.

Nelson said the department's ability to build a case for homicide by a controlled substance against the man will depend, in part, on the results of toxicology testing on Leavitt, which could take several additional weeks.

If the tests show the teen died from a drug overdose, police could push for the charge, Nelson said.

Police said they are investigating whether the man was the supplier of the meth and "worb water" that the boy allegedly ingested.

Nelson said Tuesday that the man has ties to the area and isn't believed to be a flight risk.

Information from The Seattle Times archives is contained in this report.

Jennifer Sullivan: 206-464-8294 or jensullivan@seattletimes.com

Copyright 2008 The Seattle Times Company






Lawmaker wants people to call 911 for drug ODs

Mar, 1, 2009

MELISSA SANTOS; melissa.santos@thenewstribune.com

Danielle McCarthy might have survived an Ecstasy overdose two years ago, if only her friends had called 911 for help.

The 16-year-old Puyallup girl died on New Years Day 2007 after attending parties in Edmonds and Seattle. She showed signs of overdosing for nearly eight hours, but no one with her called for medical aid.

A bill under consideration in the state Legislature aims to get people to report overdoses before they turn fatal.

And Danielles father, Pat McCarthy, opposes it.

Senate Bill 5516 would forgo charging people with drug possession if they were caught because they sought help for an overdose. The bill passed out of committee Feb. 19 and soon could be scheduled for a floor vote.

Bill sponsor Sen. Rosa Franklin, D-Tacoma, said she doesnt want fear of drug possession charges to stop people from calling 911 when someone overdoses.

My interest in this bill is actually about saving lives, Franklin said last week.

A bill similar to Franklins, Substitute House Bill 1796, is also moving through the Capitol.

 

TICKET TO FREEDOM

Pat McCarthy said the bills would create a loophole for people to get away with drug offenses.

As long as you call 911, its your ticket to freedom, McCarthy said. Even if they call after someones already dead, it seems to give immunity.

The bills wouldnt protect people who distribute drugs or are accused of controlled substance homicide, the legal term for providing drugs that lead to a fatal overdose.

That was the charge brought against the two people who provided Ecstasy to Danielle McCarthy. One, David Morris, pleaded guilty to the charge and was sentenced to nearly five years in prison. The other, Donalydia Huertas, a former classmate of Danielles at Rogers High School, was convicted of second-degree manslaughter and received two years of juvenile detention.

At least three other people were with Danielle while she was dying, court records say, and none made the phone call that could have saved her life.

According to court records, Danielle vomited repeatedly and drifted in and out of consciousness for several hours. When her companions couldnt awaken her around 6:30 a.m. on New Years Day, they placed her in a warm bath for about 15 minutes and researched Ecstasy overdose on the Internet, the records state.

 

DISCOURAGED FROM CALLING 911

Morris called his mother, a registered nurse, and she told him to call 911, the documents say, but the host of the party discouraged him from calling because the host had a warrant out for his arrest.

Morris and Huertas drove Danielle to an Edmonds hospital around 9:45 a.m., but she was already dead.

They could have called, Franklin said.

The Tacoma lawmaker, who has served nearly two decades, said Danielles case was one of many that prompted her to introduce the legislation.

According to state statistics, 5.6 Washington residents per 100,000 died from drug use in 1992; by 2003 that number had risen to 9.9 deaths per 100,000.

But Pat McCarthy said he doesnt think eliminating the threat of drug possession charges would have prompted any of Danielles friends to call 911.

People out there, if theyre going to call, they will, he said. Its about compassion. Theres nothing that could ever happen to you from calling that compares to somebody dying.

Prosecutors share McCarthys concerns that Franklins bill could complicate criminal trials without changing peoples behavior, said Tom McBride, executive director of the Washington Association of Prosecuting Attorneys.

The bill could create an argument for suppression of evidence in a variety of drug cases, McBride said.

Theres a grant of immunity from prosecution in this bill, McBride said at the bills hearing before the Senate Judiciary Committee on Feb. 11. You cant take that back.

Also, defendants occasionally are tried for drug delivery, but a jury ends up convicting them on a lesser charge of drug possession, McBride said. The law doesnt address whether the reduced charge would stand if a 911 call was made before an arrest, he said.

 

HOLD THEM RESPONSIBLE

Pat McCarthy said he thinks legislators should take the opposite approach of what is contained in Franklins bill: They should make it a crime for people to fail to summon aid for someone who is overdosing.

Thats a better strategy than eliminating the threat of a drug charge for people who do decide to call, he said.

Youll probably see a reduction in overdose deaths if people know they are going to be held responsible for their actions, McCarthy said.

He suggested that current failure-to-summon-assistance laws could be used for that purpose, but McBride said it would be hard to apply those statutes to drug overdoses.

Franklin said she sees punishing people who dont call 911 as a negative way to approach the problem. She said shes trying to use a carrot rather than a stick.

I think it would push people away so they dont call, Franklin said. Its just not going about it the right way.

Melissa Santos: 253-552-7058

 

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Made by Danielle McCarthy's Parents

We Are the Broken

 We are the broken

Our lives have changed

Our children taken,

We're filled with pain.

 

We look to you

To show you care.

At first you support us

Then you're not there.

 

We see you out

You see us too

You avoid us

That hurts too.

 

What did we do

For you to leave?

Our children died

Now we grieve.

 

We put on masks

When you are near

We scream inside

But you don't hear.

 

You tell us, "Move on.

Get on with your life."

We simply nod

Your words piercing like a knife.

 

We long to say our child's name

The one you want unspoken

So you don't call because you're afraid

Of we, who are the broken.

 

By: Kim Lasater

Mother of Kaylin Mathews

Copyright 2009