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Alleged dealer faces trial
RANCHO CUCAMONGA - A reputed drug dealer has been charged with involuntary manslaughter for allegedly failing to summon medical help for his girlfriend, who died in his home from an overdose of cocaine and Ecstasy.
The case against Andrew Girvan is unusual because it generally is not illegal for
a person to refuse help to someone in need.
What may separate his case from others, however, is that three other people who were with him that night told police they tried to get help for 23-year-old Miranda Diane Daly as she turned blue and slipped away, but Girvan allegedly would not let them.
Prosecutors believe that twist will give them the traction they need to convict the Ontario man, even though they concede the legal precedent for such a prosecution is somewhat thin.
"This is not your typical homicide case," Deputy District Attorney Michael Dowd said. "This is definitely hitting some new types of legal issues."
Girvan's attorney, Deputy Public Defender Robert Von Schlichting, declined to comment last week.
Daly, of Corona, died Aug. 13 in a house in the 2500 block of Imperial Place in Ontario.
Prosecutors believe she got the drugs from Girvan, then fell unconscious after taking large amounts.
According to police reports, the woman may have been unconscious for more than seven hours as Girvan and several other people in the house played pool and got high.
Daly likely died around 5 a.m. Police were not called until nearly 14 hours later.
According to the reports, two men and a woman who had gone to the house that night to buy drugs told detectives they saw Daly unconscious and believed she needed medical help.
However, they claimed Girvan would not let them tend to her, call paramedics, or even drop her off at a hospital.
Instead, they said, Girvan made threatening comments toward them and walked around the house carrying an M-16 rifle, according to the reports.
"Three other people basically felt she was in trouble," Dowd said. "Two of them believed she was actually overdosing and could die. They wanted to help her, and he stopped them."
Girvan, 31, was initially arrested only on drug and weapons charges. He was not charged with manslaughter until earlier this month.
In California, citizens are under no legal obligation to help others in peril, with some exceptions for people who have specific obligations or duties to each other.
A parent, for example, is required to get aid for a sick child. A husband could be prosecuted for not helping an ailing wife, and a working lifeguard could not legally stand next to a pool and watch somebody drown.
Under the law, since Girvan had no special relationship with Daly, he would generally have had no obligation to render aid to her.
Daly's mother, Debbe Case, said prosecutors told her early in the investigation that they may not be able to charge Girvan with homicide.
That prospect outraged Daly's friends and family, who launched a campaign of letters and telephone calls to get the District Attorney's Office to put more effort into the investigation.
"Why would you not just allow somebody else to take her to the hospital and let her get the help she needed?" Case asked. "To me, it was just malicious."
Case said the campaign worked.
Chief Deputy District Attorney John Kochis, who runs the Rancho Cucamonga branch of the District Attorney's Office, met with the family and promised a deeper review of the evidence, Case said.
Dowd said he got the assignment to research the facts and relevant law, and spent several months doing so. He said he found past cases with some similarities that resulted in convictions on manslaughter charges.
Prosecutors borrowed the theories of those cases to bring charges against Girvan.
They now say since he likely provided Daly with the drugs, and because he stopped other people in the house from tending to her, he assumed the legal responsibility to care for her when she fell ill.
"By preventing somebody else from helping, you now have assumed the duty that you will help," Dowd said.
In 1989, an appellate court in Northern California upheld the involuntary-manslaughter conviction of a woman who brought a drunken man home from a bar and allowed him to shoot heroin in her bathroom.
The man overdosed, and the woman dragged him outside and left him behind her shed, where he died.
The court found that by removing the man from the bar, where others might have taken care to prevent him from harming himself, the woman became responsible for his well-being.
While the facts are somewhat different, the legal theories behind the two cases are the same, Dowd said.
Case had hoped prosecutors would charge Girvan with murder. While the manslaughter charge is much less severe, she said she is satisfied that prosecutors are at least trying to hold Girvan responsible for her daughter's death.
"I believe there should be some justice for her," Case said. "She lived a good life."
Woman who provided deadly dose of pills to teen gets 6 years
By Angelica Martinez
UNION-TRIBUNE BREAKING NEWS TEAM
5:46 p.m. July 25, 2008
EL CAJON – A Santee mother was sentenced to six years in prison Friday for giving her daughter's friend a deadly dose of methadone and penicillin pills.
Laura Susan Wion, 45, pleaded guilty in June to involuntary manslaughter and child felony abuse in the death of 17-year-old Kelsea Phelps in August 2006.
Wion told a courtroom full of relatives and friends from both families that she loved Kelsea and meant her no harm. She appeared disoriented as she addressed the court.
Her defense attorney, Michael Malowney, asked Superior Court Judge Charles W. Ervin for leniency and a sentence of four years in prison.
Malowney and some of Wion's friends and relatives told the court that Wion was a wonderful mother who would not intentionally hurt anyone. Her attorney portrayed Kelsea as a troubled youth who ran from home and used drugs.
But the judge and prosecutor Chris Lindberg both rebuffed Malowney's arguments.
Lindberg called Wion's comments and statements read on her behalf by relatives and friends as “The Laura Wion show.”
“The fact is the victim would be alive if it weren't for the defendant's actions,” Lindberg said.
Tracy Moe, Kelsea's mother, told the court that “six years is absolutely nothing to give to this woman who killed my daughter ... Kelsea was made out to be a person she truly was not.”
The judge agreed with Moe and Lindberg.
“Justice is blind as it relates to the victim,” he said before he sentenced Wion. “This is a case where the defendant pleaded guilty to the charge,” he said, noting that Wion's decision to give Kelsea the medications was “hardly an accident.”
Kelsea died Aug. 21, 2006, after visiting Wion's daughter. She had complained of a sore throat and other cold symptoms during the visit.
Wion, who had been prescribed methadone and several other medications, gave methadone to the girl.
Kelsea then went to her Santee home and briefly spoke with relatives before she went to bed. Her mother discovered her dead in her bed the next morning when she went to wake Kelsea up for school.
Investigators found 18 methadone pills near Kelsea's bed.
Outside the court, Moe said she was happy Wion was held accountable for her actions.
“I want people to know that I'm not done with this,” Moe said.
She is seeking to introduce a law named after Kelsea that would put notification on methadone bottles advising its dangerous use if not prescribed.
Methadone is commonly prescribed for relief of severe pain and is also used to ease withdrawal symptoms for those addicted to opiates such as heroin.
Colorado Colo. Man Faces
Murder Charges in Teen's Drug Death
February 12, 2004
News Summary
A Colorado man was charged with first-degree murder for giving a teen anti-psychotic pills that led to his death, the Denver Post reported Feb. 5.
According to authorities, James Steven Keith McDow, 25, of Adams County supplied Oswald "Ozzie" Atkins, 15, with a lethal amount of Zyprexa, an anti-psychotic drug used to treat schizophrenia, so he could get high.
Adams County prosecutors said McDow was charged with murder because he knew the drugs were dangerous. One month earlier, McDow gave the same drug to Atkins and the teen ended up in a hospital in a coma.
The case is believed to be the first in the state where a drug supplier or dealer was charged with first-degree murder.
McDow was also charged with reckless child abuse resulting in death, seven counts of contributing to the delinquency of a minor, and selling a controlled substance to an undercover officer.
McDow could face the death penalty if convicted on the murder charge.
Man Who Sold Ecstasy Charged With Murder In
Teen's Overdose Death
Created: 11/14/2007 10:38:39 AM
Last updated: 11/14/2007 11:06:13 AM
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A
Christopher Rodriguez, a 22-year-old man from
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Police said Rodriguez, a
Rodriguez admitted to dealing ecstasy to the 15-year-old and her three friends
for $14 a pill, according to police.
The group of teens then drove to
The victim's friends then brought her to a nearby Walgreens, purchased strawberry
milk, and made her drink it.
That did not make her feel better, police said.
At that point, the teen vomited, her face turned pale and her lips turned
blue.
By the time she was taken to
Five days later, she was removed from life-support, and Rodriguez was charged
with first-degree murder.
"The crime may be selling of narcotics to a 15-year-old, and it results
in a death," said criminal defense attorney Yery Marrero. "However, I do
think it's very unusual for them to take that step in a case like this."
Authorities have not identified the 15-year-old girl.
Police said that the girl's friends were afraid of getting in trouble, so
they told hospital workers when they dropped her off that they had no idea
who she was and that they had found her lying on the beach.
They have since cooperated with police and provided police with Rodriguez's
cell phone number.
Rodriguez is being held at the
Overdose death investigation prompts charges
against man
December 16, 2008 - 2:22 PM The Telegraph EDWARDSVILLE - A Godfrey man was charged
Tuesday with the unusual offense of drug-induced infliction of great
bodily harm after he allegedly sold drugs to a person who later
fatally overdosed. Nathan Rynders Related Multimedia
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A Lisle man who admitted giving a neighbor enough of
a homemade illegal drug "to kill a rhino" was sentenced Tuesday to 20 years
in prison for causing her death.
Albert Oldenburg, 41, of the 2600 block of Beau Bien Boulevard, pleaded
guilty Tuesday to the Aug. 27, 2006, drug-induced homicide of Crystal Coble,
29, who lived across the hall from Oldenburg.
DuPage County Assistant State's Atty. Paul Marchese told Judge George Bakalis
that Oldenburg's apartment contained chemical equipment and detailed handwritten
instructions on how to produce fentanyl from pain patches generally used
by people suffering from critical diseases.
Witnesses who were with Oldenburg when he gave Coble the drug said he admitted
giving her "enough to kill a rhino." A DuPage County coroner's report stated
that Coble had a level of fentanyl far beyond the therapeutic range. She
also had a non-lethal dose of cocaine in her system.
Lisle police reports state that when Coble was found unresponsive on her
couch, she had her cell phone in her hand and had dialed Oldenburg's number.
A police investigation failed to locate the drug in the apartment, leading
authorities to believe Coble ingested all of it.
Witnesses stated that before Oldenburg gave Coble the drug, she told him
she had a bad reaction to it the previous day.
During a secretly recorded conversation made during the investigation, Oldenburg
admitted giving Coble the drug "because she was a pest," Marchese said.
Oldenburg also admitted on videotape before his November arrest that he
made the drug and gave it to the victim.
"You obviously are a very smart person," Bakalis said. "You could have put
it to much better use. You cost this woman her life."
Police also found chemicals that could have been used to manufacture methamphetamine,
but Marchese said the apartment wasn't an active meth lab. Criminal charges
relating to those chemicals were dropped Tuesday as part of a plea agreement.
Oldenburg faced up to 30 years in prison.
Kane
man to stand trial for overdose homicide
By David Gialanella Staff Writer
July 7, 2007
An Elburn man who authorities say
left his friend for dead after a narcotics overdose last year is expected
to stand trial Monday in Kane County Court.
Clinton S. Eash, 31, of the 41W800 block of Campton Hills Drive, and codefendant
Joseph M. Estok, 29, of the 1600 block of Forrest Boulevard, St. Charles,
each are charged with one count of drug-induced homicide and one count of
involuntary manslaughter.
The two men are the first in Kane County to be charged with drug-induced
homicide. Estok will be tried separately at a later date.
Prosecutors allege Eash and Estok facilitated the heroin and cocaine binge
that left 27-year-old Matthew Thies of St. Charles dead, and neglected to
seek medical attention for Thies when he showed signs of an overdose.
According to authorities, Thies, Eash and Estok drove to Chicago to buy
drugs on June 15, 2006, after attending the funeral for Estok's mother.
The three began taking the heroin and cocaine on the drive back, and continued
using at a home in St. Charles, authorities said. When Thies became ill
and unresponsive, Eash and Estok made several futile attempts to revive
him, then took him to a nearby park and left him on a bench, thinking that
he would eventually wake up and find his own way home, the state's attorney's
office said.
The next day, three young girls discovered him deceased on the bench --
which was near a school playground -- sitting mostly upright and still in
the clothes he wore to Estok's mother's funeral the day before.
Eash faces 15 to 30 years in prison if convicted of the charge.
The state law on drug-induced homicide is broad enough to implicate any
drug dealer in an overdose death. The law has been criticized because it
not only covers dealers and traffickers, but any user who may provide drugs
to another user, even if they are taking the drugs together.
Kane County State's Attorney John Barsanti said previously that he is concerned
that the statute provides a disincentive for drug users to seek medical
aid for Overdose victims. Some have suggested that the law should be amended
for those who elect to seek help for such a victim.
December 14, 2008
Mother
wonders why no one helped her son CAMPBELL COUNTY - The question of how Brandon Shaw's dead body came to be dropped off at a hospital during the summer still haunts his mother. The authorities concluded that Shaw, 20, died of a heroin overdose.
"What I don't understand is how five kids can come and go and watch somebody lay there and die and not do a thing, and there is no crime involved," said his mother, Sharon Dawson, of Grants Lick. "Dropping off a dead body at the hospital and leaving?" On the day he died, Shaw had put in a day's labor at the family farm in Grants Lick and spoke to his mother on the phone about 5 p.m. Sharon Dawson was out of town on vacation and didn't find any hints of anything amiss in her final conversation with her son. Shaw's jovial mood did not foreshadow his death within the next five hours, Dawson said. Her son had planned on going to a graduation party for a family member. "He was in a super mood," Dawson said. "He was telling me to stay out of trouble. I did not get a sign of anything wrong." Four hours later, one of his friends took his lifeless body and dropped it off at St. Luke Hospital East in Fort Thomas without staying to identify the body. He eventually returned that night. The autopsy said Shaw had morphine in his system, which could have been from heroin, and listed morphine intoxication as the likely cause of death. Campbell County Police have closed the case as a heroin overdose. Dawson wants to know what happened to her son on July 12 and hopes her son's story might lead to changes in the law compelling people to seek help for someone dying of an overdose. Shaw had quit a heroin addiction about two years before his death, Dawson said. If he relapsed, he didn't show any indication, she said. His work schedule kept him busy seven days a week. He put in more than 70 hours of work a week between his job at the farm supply store Southern States in Alexandria and the family farm, where he worked stripping tobacco, bailing hay and tending to the beef cattle and crops. In his free time, he hauled hay for neighbors and practiced taxidermy with his uncle. To Brandon's family, he seemed healthy. But several people on July 12 saw Shaw lying passed out on a couch at the Grants Lick house Shaw lived in with his mother and sister, according to the Campbell County Police report. Some said they saw Shaw taking heroin, the report states. The police interviews put a total of five people at the scene at various times that evening. Dawson finds most troubling about her son's death that several people saw him on her couch passed out, sweating and in obvious distress at least three hours before he was taken to the hospital. One 18-year-old had been there the whole night, the police report states. That man could not be reached for comment.
"I'm not disputing that my son was above taking drugs," Dawson said. "I want to know how the drugs got into his system." The 18-year-old friend of Shaw's who had been there the whole night told police he noticed blood and saliva coming from Shaw's mouth and called another friend to come over about 8:30 p.m., according to the Campbell County Police report. The friend he called, Landon Webster, said the scene was a nightmare. Webster, 20, arrived at 8:30 p.m. that night and saw Shaw unconscious on the couch. He claims he tried to save him with CPR. He said he tried to call 911, but the other man wouldn't let him and a scuffle ensued. "When I got there, it was filled with emotion and tears," Webster said. "He got in the way. I could count about a dozen times where fists were thrown." Webster said the other 18-year-old man took him to the hospital. Webster said he wishes in hindsight he could have called an ambulance. He said he didn't know what to do when he walked in and found his friend dying. He loaded Shaw into the car the other man used to drive to the hospital. "I wasn't there the whole time," Webster said. "If I was there the whole time, knew what happened, you best believe I would have called the cops." The police report said the 18-year-old man drove Shaw to St. Luke, where he was pronounced dead on arrival. The 18-year-old who brought him to the hospital stood around nervously before leaving, according to the police report. The hospital reports provided by the family said Shaw was cold to the touch and never showed any sign of life at the hospital. The autopsy report lists cuts below and above Shaw's right eye and a cut on the nose. Dawson said her son's body also had bruising around the neck. Police, however, said the evidence points to a heroin overdose as the cause of death and not murder, said Lt. Dave Fickenscher, who is in charge of Campbell County Police's detective unit. The injuries to the face did not contribute to his death, Fickenscher said. The witnesses said the injuries came from when Shaw was put in the car, according to the police report. There is no proof that anyone forcibly injected Shaw, he said. The law doesn't hold someone criminally liable for not trying to save someone's life during a drug overdose, Fickenscher said. "You can't hold someone criminally liable for failure to render aid when the person that died was partaking in something so dangerous as the use of illicit substances," Fickenscher said. Dawson hopes her son's story might lead to changes in the law. "I want to try to make it a law where if you see someone who needs aid, you should help them," Dawson said. Heroin use in the suburbs has grown from nonexistent a decade ago to a more familiar sight, law enforcement said. Heroin replaced OxyContin and prescription painkillers when law enforcement began to crack down on doctors prescribing the drugs, Fickenscher said. Now the Campbell County Police see several heroin overdoses a year. A review of records from the coroner shows heroin suspected in three overdoses in Campbell County last year and five this year, something unheard of at the beginning of the decade. Heroin in Campbell County came to the attention of the public in 2003 when some teenagers in southern Campbell County overdosed. That ignited public meetings among residents on how to address the situation. Campbell County and Highland Heights police in 2005 organized a blitz to nab heroin users. They followed residents driving into Over-the-Rhine to buy drugs. The blitz netted 116 drug users in six weeks, 90 percent of which were using narcotics, Fickenscher said. Now, heroin use is distributed among both the young and old, Fickenscher said. "I don't think people realize how epidemic this really still is," Fickenscher said. "I think it has gone away from what we used to see it. Where we saw it in high school, with people in their late teens and early 20s, it has broadened out." http://nky.cincinnati.com/apps/pbcs.dll/article?AID=/AB/20081214/NEWS0103/812140373 |
Wednesday,
March 12, 2003
Suspected heroin deaths push fear into the suburbs
By
Jim Hannah Mark DeMarrero, 19, overcame asthma to become a running back for the Campbell County Camels.
Casey Wethington, 23, swore he would never use drugs after seeing people use needles on the streets of Dublin during a backpacking trip. Three average kids in Campbell County. Now they're all dead. Heroin abuse is suspected in two of the deaths; it's certain in the third. Abuse of the powerful drug is causing mounting alarm in some Cincinnati suburbs. Campbell County hospital and public safety officials can recall no heroin overdose deaths in the previous decade. But since August, this county of 35,000 households has been dealing with at least those three deaths in which heroin is suspected of playing a part. "If you have people this young using this potent of a drug, it's a real concern," says Jim Paine, who leads Northern Kentucky's regional task force battling the illegal drug trade. Complete data on Tristate heroin abuse do not exist. But evidence supports the worry that abuse is on the rise: A doctor who runs a Falmouth treatment center says he's concerned by the 160 addicted adults he's seen in the past six months. Hamilton County counts 54 heroin overdose deaths in the past five years - compared to 10 in the five years before that. Eight people died from heroin-related causes in 2000 and 2001 in Butler County, the coroner's office there says. Heroin came into popular use in the 1990s with new techniques that allowed it to be inhaled, rather than just injected. Pop culture further glamorized the drug, says Carol Falkowski, director of research communications for Hazelden, a substance abuse treatment and education foundation based in Minnesota. The gaunt look of runway models, for example, was dubbed "heroin chic" because the look mirrored the wasted appearance of hard-core drug addicts.
The Campbell County community is so upset that nearly 400 people packed an Alexandria firehouse in early February to discuss what, if anything, can be done there. "Casey had been clean for 20 days," his mother, Charlotte Wethington, says. "Then he overdosed a second time. He told me he used heroin to celebrate going 20 days without it. That's what the drug does to people." Friends meet same fate Teachers and parents say kids growing up in the Campbell County suburbs know where to buy the drug. They report a tale of addiction that leads from suburban shopping centers near home to corner drug markets in Over-the-Rhine to drug treatment, the ER and sometimes, the graveyard. Mark DeMarrero worked in the kitchen at O'Charley's in Alexandria and still lived with his parents in Melbourne when he died on Oct. 20. George DeMarrero Jr. knew his son was addicted to heroin eight to nine months before his death. Mark also would mix drugs, sometimes taking Xanax, a prescription sedative used to treat anxiety disorder and sometimes sold on the streets and abused, his father says. His parents tried to limit their son's access to drugs by taking away his car. But on the night he died, his parents let him go out with someone they thought was a good influence. The young addict got his hands on drugs and came home stumbling. His father put him to bed. He never woke up. George DeMarrero Jr., says he will never forget the image of rolling his son over and realizing that he was dead. He hadn't realized the boy's life was in danger. Mark DeMarrero had been in treatment programs twice, but since he was over age 18, he checked himself out of treatment. George DeMarrero believes peer pressure and a chemical imbalance in his son's brain led to the addiction. It didn't help that drugs were usually present at the parties his son attended, he says. Connie DeMarrero, Mark's mother, says experts have told her that heroin addicts must "hit bottom" before they can be helped. But she says "hitting bottom" for an unmarried young man, with no children or a mortgage to pay, is death. By all accounts, Mark DeMarrero's death deeply depressed his best friend, Adam Messmer. The two first met in middle school, went through high school together and were inseparable. Joan Messmer learned that her son, a student at Northern Kentucky University, had a heroin problem on Nov. 13. The Messmers got a call saying Adam was at St. Luke Hospital East in Fort Thomas after he was found unconscious in his car outside a shopping center. Police said Adam Messmer had overdosed on heroin and that his body temperature was 94 degrees. Adam recovered but was charged with possession of heroin and drug paraphernalia. His parents left him in the Campbell County jail for two days so he would experience the consequences of his substance abuse. Then they signed him into the same 32-day, inpatient drug treatment program that Mark DeMarrero had attended. At the end of Adam'sfirst week there, the family's insurance company recommended that he be transferred to an outpatient program that met for three hours a day three days a week. They followed the recommendation, but heroin proved too tough. Obeying his mom's orders, Adam Messmer woke Joan Messmer at 2 a.m. on Jan. 4 to say he was home safe and heading for bed. His mother went to wake him later that morning but found him unconscious. He died later that day at St. Luke East. Campbell County Coroner Mark Schweitzer suspects opiates caused the deaths of Adam Messmer and Mark DeMarrero. But he won't know for sure until toxicology tests are complete. That could take months. The problem, Schweitzer explains, is that heroin begins to break down in the body after only 10 minutes, leaving scant traces for a toxicologist to identify. The state lab doesn't even test for heroin, but can sometimes narrow a finding to probable heroin use after eliminating other drugs, Schweitzer says. Officials with the Hamilton County Coroner's Office say tracking heroin deaths is a difficult task for any agency. Terry Daly, office spokesman, says heroin breaks down into morphine, making it virtually indistinguishable from similar drugs. Law change unlikely Charlotte Wethington of Morning View has been traveling the Tristate telling anyone who will listen how her son's life spiraled out of control. In early December she pleaded with Cincinnati officials to crack down on heroin dealers feeding suburban habits. City Hall passed an anti-loitering ordinance that gave police greater ability to prosecute obvious drug dealing. In Kentucky, Wethington is pushing for a state law that would allow parents of adult addicts to force their children - against their will, if necessary - into locked drug treatment or rehab programs. Concerns about cost and civil liberties likely will keep such a law from being passed by the legislature this year. Wethington found out that her son, Casey, was addicted to heroin in February 2002. He went to a treatment center in Falmouth but left after six days. In May, he overdosed and stopped breathing. St. Elizabeth North in Covington released Casey after he told doctors he wasn't trying to commit suicide, his mother says. After he was released, Casey told his mom he "had a love affair with heroin." On June 25, he overdosed a second time. The next week he was arrested in Noblesville, Ind., on a charge of marijuana possession. Despite Charlotte Wethington's pleas to police that he be kept in jail for his own protection, he was released on his own recognizance. On Aug. 9, Casey Wethington overdosed for a third and final time in Cincinnati, where he had moved after high school to attend the University of Cincinnati. He died after spending 10 days unconscious at University Hospital. The official cause of death was a heroin overdose. Campbell County High School senior Tony Schilling says he was a friend of Adam Messmer and Mark DeMarrero. He says that he, too, once used heroin, although he doesn't anymore. "My mom never caught me," he says. "I think she let a lot of stuff slide." Parents `too nice' He told his neighbors at the community forum last month that parents have to watch their kids. "You got to get in their faces," he said. "Too many of you are being too nice to your kids." Campbell County Assistant Commonwealth's Attorney Anthony Bracke says heroin addicts tend to become acquainted with each other, then seek each other out. He says the bravest, or sometimes just the addict having the worst withdrawals, will collect money from the group and drive through Cincinnati's inner-city neighborhoods to purchase heroin. Charlotte Wethington said her son's dealer was named "Sweets" and sold drugs from a lawn chair on Republic Street. Cincinnati police do not keep statistics of suburban drug buyers, but neighborhood watch groups are keeping track by reading license plates, says Kathy Atkinson of the Walnut Hills Area Council. Police have targeted the intersection of Clarion and Trimble avenues in Evanston for drug deals. Officers say the corner is favored by dealers and suburban buyers because of its proximity to Interstate 71, less than a mile away. Dr. Mike Kalfas, medical director of the St. Luke Hospital Drug and Alcohol Treatment Center in Falmouth, says when he began working there in 1997, he saw only sporadic cases of heroin addiction. But in the past six months, he says, 160 adults have checked into the center with heroin addictions. Half were between 18 and 25. He thinks the drug made inroads into Northern Kentucky because officials, from police to health-care workers, just were not looking for signs of heroin use. "No one was thinking of heroin here," Kalfas says. "They thought: `You see heroin on Miami Vice, not Northern Kentucky.' " E-mail jhannah@enquirer.com |
Murder by drug dealing charge reviving
Prosecutors turn to little-known law Tuesday,
December 27, 2005
By Meghan Gordon St. Tammany
bureau
When a jury determined earlier
this year that Jake Johnson had been murdered, it had seen no weapon. Prosecutors
didn't even try to establish intent, and they conceded the victim played
a key role in his own death.
Yet the second-degree murder conviction brought the killer the same mandatory
life-without-parole sentence handed out routinely to shooters and stabbers.
All prosecutors had to establish was that defendant Jeanie Hano, 42, had
sold methadone to the 16-year-old victim and that the same pills contributed
to his death by overdose.
The conviction in Covington came 18 years after then-state Sen. William
Jefferson tacked on a little-noticed amendment to the state's second-degree
murder statute, creating a new category of murderer: dealers who peddle
deadly drugs.
The obscure statute had been all but ignored by law enforcement before Johnson's
death, which resulted in the only known conviction under the statute. But
a Kenner woman booked last week in the overdose death of her twin sister
joins the recently growing list of defendants arrested under the murder-by-drug-dealing
law.
With two similar cases awaiting trial in St. Tammany Parish, and Baton Rouge
prosecutors securing two lesser convictions in another overdose-as-murder
case, police and lawyers have in the past year given the statute the most
attention it has received since it was enacted in 1987. Nevertheless, those
who investigate these deaths and lawyers who defend the accused dealers
predict that prosecutions under the law will never represent more than a
sliver of the state's fatal overdoses.
Police predict convictions will remain low. They say it's often extremely
difficult to prove the connection between an overdose victim, the drug that
killed him and the person who sold or gave him the substance.
But defense lawyers contend potential juries are responsible for the law's
limited exposure in Louisiana courts. They predict jurors are less likely
to hand down a murder conviction for an illegal drug sale than they would
for a cold-blooded killing.
Take the case of Shannon Morvant, 19, a Nicholls State University student
who was found dead in a friend's car Dec. 19, 2004, after a night of partying.
Lafourche Parish sheriff's investigators alleged that Hardy Ledet, 19, had
likely passed out quadruple-strength Xanax pills at the party, and they
geared up for an arrest under the second-degree murder statute. They interviewed
more than 50 people and awaited a coroner's report to make the law's required
link between a seller and the drug determined to be the cause of death.
"We literally uncovered every conceivable stone that existed," Sheriff Craig
Webre said.
Unable to use charge
Yet the toxicology report revealed fatal levels of Clozapine, a powerful
treatment for schizophrenia and a drug not found in the state's list of
controlled dangerous substances. Unable to bring the murder charge against
Ledet, prosecutors could do little more than have his three-year probation
from a previous drug charge revoked.
"This is the real tragedy, beyond the loss of Shannon Morvant, is that Hardy
Ledet in my estimation should be spending the rest of his life incarcerated,"
Webre said. "He was offering drugs to anyone and everyone, and providing
them chemicals that were being misrepresented and having an indifferent
attitude about it."
Beyond the difficulty of investigating murder-by-drug-dealing, the cases
face challenges once they enter a courtroom, especially when the line blurs
between the overdose victim and the alleged perpetrator.
In February, Baton Rouge prosecutors brought Heather Smith, 26, to trial
on second-degree murder charges in the Aug. 25, 2001, death of her best
friend, Marsha Fisher, 32. Both women wanted to purchase Ecstasy, but Fisher
couldn't cash her paycheck that night. Randall Corbett, 34, Fisher's boyfriend,
cashed his own check and gave Smith $255 to buy 15 tablets, according to
court records. Hours later, he found Fisher dead in her bedroom.
Prosecutor Darwin Miller said Smith's actions to buy the drugs, then deliver
them to Fisher's apartment, fit the murder statute. He said Corbett's actions
of distributing some of the pills to Fisher also amounted to homicide.
When jury selection began in Smith's case, potential jurors struggled with
the law that turned a consensual night of drug use into murder.
"You should have heard one of the ladies on the jury," said defense attorney
Francis "Bo" Rougeou. "She says, 'You mean to tell me this lady took these
drugs on her own?' Yes. 'Nobody forced them down her throat?' No. 'And she
died?' Yes. 'So why are we here?' "
The woman ended up on the jury. But Rougeou never learned how the panel
would have decided the case. Smith took a 10-year plea deal midway through
the trial. "She said, 'I could do this much time, but I can't do life,'
" Rougeou said.
At Corbett's trial in October, jurors convicted him of the lesser charges
of negligent homicide and possession with intent to deliver Ecstasy. A judge
sentenced him to five years in prison.
Miller conceded that the biggest challenge to prosecuting murder-by-drug-dealing
is jury nullification, when jurors don't follow the law because they disagree
with it.
"The victim in my case actively desired to take the drug that ultimately
caused her death," Miller said. "She wanted it. She wanted to buy it. She
just couldn't cash a check. . . . This isn't a situation where the victim
didn't know she was being drugged."
A matter of perspective
Eric Sterling, founder of the Criminal Justice Policy Foundation, said the
quandary jurors grapple with in these cases is the result of state and federal
legislators racing in the 1980s to elevate drug crimes to the status of
violent crimes. He said that from a criminal justice perspective, most drug
sales that result in overdoses don't compare to cold-blooded killings.
"Is the seller at fault for selling something that the buyer knows is risky
to ingest?" Sterling said. "They have to take the action of seeking it out
and buying it and ingesting it."
What sets the sole conviction in St. Tammany apart from the scant other
overdose deaths prosecuted under Louisiana's murder statute is Jake Johnson's
age, 16.
Chad Falgout, 37, whom police said initiated the methadone sale to the teen,
accepted a plea bargain in September to avoid following his former girlfriend,
Hano, to prison for life. A judge sentenced him to 15 years for manslaughter,
which First Assistant District Attorney Houston Gascon said his office accepted,
given the greater difficulty connecting Falgout to the methadone that plunged
Johnson into a coma from which he never recovered.
Sterling said that, as in other murder cases, the victim's identity plays
a powerful role in what charges are brought and what sentences are sought.
"Overdose deaths are often not sympathetic cases to bring, because very
often the victims are longtime drug users who are looked down upon by police
and prosecutors," Sterling said. "But teenagers taking pills, dying in the
flower of their youth, are much more sympathetic."
With both prosecutions in the Fisher death concluded, even Miller conceded
that the Baton Rouge case had a finer moral line than Johnson's methadone
overdose.
"You certainly have a profiteer in that case," Miller said. "You've got
somebody who's acting on greed, who's taking advantage of someone who has
a weakness . . . making a poor decision."
Twin faces charge
But when Jefferson Parish jurors consider the Kenner murder case, they'll
have to grapple with perhaps the toughest decision of all when sorting out
sympathy for the victim or the defendant.
Kenner police said Rebecca A. Doussan, 26, violated the murder-by-drug-dealing
law on Dec. 6, 2004, after injecting cocaine with her twin, Rachel Smith.
Police said Doussan sought out more cocaine from a drug supplier the same
night, gave the drugs to her sister and left her in an apartment alone.
The next morning, Doussan found Smith dead, submerged in a bathtub behind
a locked bathroom door.
Police also issued an arrest warrant for Joseph Michael Bruno II, 42, alleged
to be the cocaine supplier, who faces second-degree murder charges.
To Jessica Dabdoub, 30, the victim and defendant are equals: both sisters
taken out of her life. Unlike most families of violent crime victims, Dabdoub's
relatives have no plans to support prosecutors' efforts.
"Even if it wasn't my sister, she chose what she did," Dabdoub said of her
deceased younger sister. "None of us blame Rebecca."
BANGOR (Jan 9): The U.S. District Court in Bangor has set a jury trial date for Rochelle Kenney for Tuesday, Feb. 5.
Kenney, 49, of Rockland was arrested Sept. 24 by U.S. marshals on charges stemming from a federal indictment on felony charges that she furnished drugs to a man who subsequently died of an overdose.
According to court documents, attorneys have until Jan. 22 to notify the court they are ready for trial or if any other resolutions have been reached.
Kenney is charged with health-care fraud (resulting in death) and distribution of methadone (death resulting), both Class A felonies, as well as distribution of diazepam, a Class E felony.
According to the court document filed at U.S. District Court in Bangor, Kenney is accused of fraudulently procuring doses of methadone, clonazepam and diazepam from both Discovery House (first operating in Winslow and then in Waterville) and certain licensed pharmacies, for which those supplying the drugs to Kenney sought MaineCare funds for reimbursement.
Between December 2003 and December 2006, the court documents allege, Kenney was involved in a scheme "to obtain controlled substances … from Discovery House and from certain licensed pharmacies, and to cause MaineCare to make payments for said controlled substances, when the defendant knew that at least a portion of the controlled substances were not medically necessary because she intended to, and did in fact, illegally distribute at least a portion of said controlled substances to others."
The indictment also alleges that Kenney made "material false statements and omissions to personnel at Discovery House clinics in connection with her receipt of take-home doses of methadone."
Kenney is also accused of selling, giving away, trading or otherwise distributing methadone to others, including, but not limited to, John Kenney, her brother.
John Kenney, 43, was found dead on a Matinicus doorstep in April 2005. The investigation into his death concluded that he died of "acute methadone and diazepam toxicity," according to the Maine Medical Examiner's Office.
In an affidavit filed in Sixth District Court in Rockland in December 2005, following Rochelle Kenney's arrest in Knox County on a charge of felony aggravated furnishing of scheduled drugs, Rochelle and John Kenney are said to have traveled to Discovery House in Waterville, where Rochelle procured take-home doses of liquid methadone, which she shared with John.
This allegedly occurred on the morning of April 26, 2005; the affidavit, by then-detective Donna Dennison, now Knox County sheriff, states that John Kenney ingested some of the clinic methadone prior to leaving later that day for Matinicus.
The aggravated furnishing of methadone charge was dismissed June 28, 2006, by Justice Donald Marden. No reason for the dismissal is provided in the court document.
According to the federal court document, and as part of the alleged scheme, Rochelle Kenney failed to report to Discovery House that she had given, sold or otherwise distributed a portion of the take-home dose of methadone she received on April 26 to her brother John Kenney and her sister Julie Kenney.
The court documents also allege that Rochelle Kenney made material false statements and omissions to her primary care physician and various licensed pharmacies, among others, in connection with her obtaining and filling prescriptions for clonazepam and diazepam.
The alleged scheme executed by Rochelle Kenney is also alleged to have resulted in the death of her brother John, enhancing the penalty if she is found guilty.
Following her arrest last September, Kenney pleaded not guilty and was released on $5,000 unsecured bond with several bail conditions.
By
CRAIG
McCOOL
Record-Eagle staff writer
Man Charged With Murder In Overdose Death
(© 2006 The Associated Press. All Rights Reserved. This material may not be published,
broadcast, rewritten, or redistributed.)
Suspect May Face Murder Charges
in Overdose Deaths
By Ed Pruneau, Missourian Managing
Editor
11/06/2007
A man arrested last week in a drug trafficking
case may face murder charges in connection with the deaths of a 16-year-old
Pacific girl and two men, authorities said.
The man is suspected of supplying possible tainted heroin to all three people
who died from apparent drug overdoses over the last year.
Detective Sgt. Jason Grellner, commander of the Franklin County Narcotics
Enforcement Unit (FCNEU), said investigators plan to seek felony murder
charges against Michael S. Ellison, 22, in connection with the deaths.
Under Missouri law, if a person commits a crime and someone dies as a result,
the suspect may be charged with murder. Pacific Police Chief Jim Brune said
he's very pleased with the investigation and arrest of Ellison.
"This arrest will hopefully stem the flow of tainted heroin into Franklin
County," Brune said.
FCNEU officers along with members of the Jefferson County Drug Task Force
arrested Ellison Friday, Nov. 2, at his apartment in High Ridge. The arrest
stemmed from the September 2006 search of a Pacific home where Ellison had
been staying. Ellison is being held in the county jail on a $150,000 cash-only
bond.
Grellner said Ellison, formerly of Pacific, has been under investigation
for suspected heroin trafficking for the last 18 months.
During an investigation of the girl's apparent overdose death at a Pacific
home Oct. 20, FCNEU officers working with Pacific police interviewed "numerous
witnesses and tracked multiple leads" in an effort to find the source of
the heroin, Grellner said.
The trail led to Ellison, according to Grellner, who is suspected of supplying
heroin used by the girl.
Ellison also has been linked to the death of Carl Zerna III, 19, Villa Ridge,
in September 2006, and the May 2007 death of Billy Rippee Jr. 23, Labadie,
according to Grellner.
"Investigators continue to investigate all three deaths and hope to present
cases for felony murder in the future," Grellner said.
Brune said the suspect had been under investigation for a long time. "It
all started breaking loose last Thursday and Friday," the chief remarked.
"I'm sorry there had to be additional victims but sometimes it takes awhile
to connect all the dots," Brune said.
Beginning in 2006, the entire St. Louis area, including eastern Franklin
County, experienced a spike in heroin overdoses and in many of those cases,
investigators suspected that the drug Fentanyl, synthetic morphine, was
involved, either mixed in with heroin or other drugs. It is said to be about
80 times more potent than morphine.
In August 2006, Franklin County authorities reported more than 15 drug overdose
cases including one that resulted in the death of a 41-year-old Labadie
area man.
Brune said while authorities suspect a heroin overdose, they still don't
know the exact cause of the girl's death because results of toxicology tests
won't be completed for six to eight weeks. He declined to release the juvenile
girl's name.
Sheriff Gary Toelke said the cases point up the danger of illegal drug use,
and how users don't know what they are buying off the street. "This stuff
is extremely dangerous," he said.
"It's a shame people feel they have to use this stuff," Toelke remarked.
"The people who sell it need to be held responsible."
Anthony Guastella,
21, a laborer, was arrested at his home Thursday at 10:32 p.m. on suspicion
of felony second-degree murder and sale of a controlled substance.
According to the criminal complaint filed in Carson
City Justice Court, Guastella allegedly sold eight 10 mg tablets of methadone
for $80 to Steven Xavier, 21.
On Feb. 14 at about 1 p.m. Xavier was found unresponsive
by his mother in his Silver Oak apartment.
Sheriff's records indicated Xavier never regained consciousness
and died at Carson Tahoe Regional Medical Center on March 2.
A roommate told investigators he had last seen Xavier
at 10 p.m. the previous evening, and Xavier had told him he'd taken all
eight pills. The roommate also said he was there when Xavier allegedly asked
Guastella to get him the pills.
According to the police report, Guastella told investigators
he and Xavier were good friends and he had on several occasions ignored
Xavier's requests for pills, but he eventually agreed to get the pills.
Xavier allegedly drove to Reno and purchased the pills
from Jennifer Ott for $80, then returned to Carson City and sold them to
Xavier on Feb. 13, the report states.
Based on the investigation, the case was forwarded to
the Carson City District Attorney's Office for review, and a warrant for
Guastella's arrest was issued Thursday.
On March 29, after an undercover purchase of drugs,
Jennifer Ott, also known as Jennifer Stoltz, was arrested by the Washoe
County Sheriff's Department on suspicion of felony sale of controlled substance
and possession of a dangerous drug without a prescription, according to
Washoe County Sheriff's Deputy Keast Brooke. Ott was released on her own
recognizance.
Unrelated to Xavier's death, Ott was again arrested
on April 24 by the Sparks Police Department on suspicion of drunken driving,
sale of a controlled
October 27, 2008
HERKIMER, N.Y.
State police are charging a 31-year-old man with criminal sale
of a controlled substance for selling prescription painkillers to
a woman who later died of an overdose.
James Judson is being held without bail in the Herkimer County jail.
Judson was in jail in Florida on unrelated charges when he was indicted
by a Herkimer County grand jury in connection with the death of
28-year-old Lea Bazinet.
An autopsy showed Bazinet died Aug. 8, 2007 from an overdose of
Oxycodone mixed with alcohol.
Troopers say Bazinet bought the painkillers from Judson. He is due
back in court when he has a lawyer.
Natalie’s Law
By Timothy Bolger
Posted: 12/17/2008 - 7:56:24 PM
In a standard show this week at the Nassau
and Suffolk Legislatures, a teenaged choir serenaded lawmakers,
high school dancers flaunted their moves, and whiz kids
paraded their academic awards. Any of them could have been
Natalie Ciappa, the late 18-year-old Massapequa girl who
was equally gifted, but instead became the new poster child
for the Long Island heroin epidemic when she fatally overdosed
in June. The talented singer, beautiful cheerleader and
above-average honors student received awards similar to
the citations that legislators handed out like Santa—a far
cry from your typical junkie. Yet in death, the Plainedge
High School graduate, who was awarded a scholarship to SUNY
Old Westbury, starred in the role of her life as two bills
that aim to root out the spreading heroin scourge were named
in her honor. Natalie’s Law Beyond L.I. A website is by no means a silver bullet to an issue this complex, but continuing to raise awareness is a good start, officials say. “This bill is one piece of a puzzle,” Mejias says. Horsley has mentioned amending the bill next year to include other hard drug arrests, such as cocaine, methamphetamines and prescription drug arrests. That would prove useful as kids often are introduced to the opiate world at “pharm parties,” in which they raid their parents’ medicine cabinet for high-strength pain killers such as Vicodin, OxyContin and Percocet. It not uncommon for kids to crush up the pills to sniff them, opening the door to intranasal drug abuse, and since today’s heroin is easy to get and can been found for as cheap as $5 a bag on Long Island, that next step is easier than ever before, drug counselors say. Yet despite the undeniable prevalence, denial still runs rampant. “This bill imposes no obligation on the school to add heroin awareness curriculum or to educate its administrators, teachers and staff on the dangers of heroin,” testified Oscar Michelen, a lawyer, professor and anti-drug lecturer. As the founder of The Law Squad, Michelen offers drug abuse and criminal justice seminars to schools, but often finds that “they don’t want the tough ones” about hard drugs. “They ask for more of a fluff piece such as how to protect yourself at prom,” he says. But with the website, involved parents can cajole unresponsive school boards, not that school officials say they’ll need it. “Once we find out that we have hot spots, we have an education forum that we can move forward with,” says Fred Langstaff, area director of the New York State School Boards Association. But the local pressure will have to be up to other parents, as the Ciappas have their sights set elsewhere. “What’s happened here I think is the first step in proving that there’s enough people out there that that law is wrong,” says Victor while planning the next Natalie’s Law benefit concert to help lobby for a federal law that they hope to get passed. “We’re financially responsible for them until they turn 21, but we can’t check them into rehab when they need it, if they need it, when they’re 18,” he says. He learned the reason behind Natalie’s unusual behavior two months after her 18th birthday, so she was able to refuse rehab. Only a judge could force her, provided she was arrested. “When a kid is in their darkest hour, a parent is probably their last line of defense, or their last help, and when you take that parent’s right away, its really not helpful to the kid and they’re still 18—as far as I’m concern they’re still kids,” he says.
Generation
Junk • Persistent blank expressions and increased lethargy. • Change in temperament; lethargic or aggressive behavior. • Excessive sniffling and nose-blowing. • Avoiding conversations by giving short yes or no answers. • Falling asleep mid-sentence, in their food, or at other inappropriate times. |
Thursday, February 02, 2006 | 6:26 AM
(01/25/06 -
The
15-year-old suspect in the drug overdose death of a teenage girl faces new
charges.
The suspect, a
tenth-grader at
The suspect, whose name is not being
released because of his age, faces new charges. Police say he was smoking
a joint with another teen in a car outside
Deb Newton, the boy's attorney, portrayed
him as a good friend who held Hicks' hand until help arrived. She asked
a judge to release the suspect from the juvenile detention center.
"[The suspect's ] father is a single parent," she said.
"They're trying their best to support him and stay together and support
him and support each other. They're not holding together very well. It's
a very emotional situation. They're very close to the victim's family."
Prosecutors countered, saying the teenager
told another friend, "I'm not going to jail again," when Hicks overdosed.
They say the suspect has had drug problems since the eighth grade and officers
found marijuana stems and a homemade bong in his home trash last week. Police
also found drugs, paraphernalia and scales in his house.
The judge sided with prosecutors, ordering
the suspect to stay behind bars.
"It's a very serious case, and people
need to understand that this is a charge that you could be charged with,"
said prosecutor Melanie Shekida.
Prosecutors would like to charge the
boy as an adult, but that decision will not be made for at least two more
weeks. Overdose brings drug problem to forefront The case brings the use
of drugs to the forefront for many parents who thought their children were
protected.
When we asked students at
Amilca O'Conner admitted it's not that
hard.
"It's weed, plenty of drugs around,"
she said. "It's like so much drugs, but you just got to know not to take
them because you don't know what someone can lace drugs with."
According to SouthLight, a
Those students were referred to SouthLight.
Dr. Tad Clodfelter says kids are starting younger and using more addicting
drugs.
"
Heroin's scourge getting worse here
Three old buddies met in Westerville to reminisce, play video games and, as was their habit, do drugs.
Anthony Moore and Chadwick Foster shared cocaine with James Baisden, who was visiting from West Virginia, Westerville police say. Later in the evening, Moore and Foster broke out black-tar heroin.
Shooting up was the last thing they did together.
The three crashed, but Baisden never woke up.
Moore and Foster now are charged with providing the heroin that killed their friend on Sept. 2. Baisden, 28, was the father of three young children.
His death is among 28 from a heroin overdose in Franklin County this year, the coroner said. That's more heroin deaths than in the previous three years combined.
"This is an epidemic problem. The amounts we're seeing -- we're talking central Ohio -- is not normal," said Tony Marotta, resident agent in charge of Ohio for the U.S. Drug Enforcement Administration. "It doesn't make sense for the doorstep of middle America."
Heroin from Mexico, plied by Mexican dealers, is turning up all over central Ohio. Experts say the potency of black-tar heroin, named for its appearance, almost matches the purity of heroin from the Middle East and that the stronger heroin is leading to more deaths.
The influx of heroin parallels the growing Latino population in Ohio.
"They're bringing with them black-tar heroin," said Michael Sanders, spokesman for the DEA's national headquarters.
Heroin use goes through cycles, said Columbus Police
Sgt. Bill Mingus. "It's never been a bigger problem than it is now."
Although heroin has been surging in central Ohio, it still is not as common as cocaine or marijuana, police say. But the recent rash of overdose deaths has police concerned.
Officers aren't seeing the stereotypical images of heroin dealers' hanging out in inner-city back alleys while users cruise for a score, shooting up in flop houses or "needle parks."
These days, deals are arranged by cell phone and completed in the parking lots of suburban shopping centers, preferably ones that offer quick access to an interstate.
Assistant U.S. Attorney Tim Prichard said dealers fill and deliver drug orders with such ease you would think it was pizza.
One deal happened in September outside the Old Navy store at 1852 Hilliard-Rome Rd. in Columbus, near Hilliard, federal court documents say. Busy shoppers apparently weren't aware that 70 balloons packed with heroin, roughly $1,400 worth, had just been sold.
In Dublin, dealers and users regularly met at the Kroger parking lot off Muirfield Drive during the summer of 2006. "That was a real eye-opener for us," Marotta said.
The day before James Baisden died of an overdose this fall, he asked his mother for $100. He told her it was for a car payment.
Baisden had struggled with cocaine for years, but in the months before he died he seemed to be doing better, said his mother, Cathy Quinn. He had a car-sales job in West Virginia for six months. He had come back to Columbus to visit his children -- ages 4, 6 and 8 years -- and their mother.
Westerville police think that the two friends who were with Baisden on Sept. 2 had a role in his death. Foster, 32, and Moore, 28, were each charged last month with felony counts of reckless homicide and corrupting another with drugs.
Baisden hadn't used heroin in the weeks before his death. He wouldn't have known about its potency and danger, said Westerville police detective Eric Joering.
But Moore and Chadwick knew what was being sold in Columbus. They had purchased the potent, black-tar heroin from Mexican men through a cell-phone deal, Joering said.
Often, overdose deaths such as Baisden's are ruled accidental, with no one held responsible, simply because it is unclear who provided the drugs.
"If we can show where they obtained the narcotics from, we'll go after that every time," Joering said of prosecuting the people who were doing drugs with the person who overdosed.
In August, Jose Manuel Cazares Contreras and Victor Delgadillo Parra, both of whom entered the country illegally from Mexico, were charged on federal counts of manslaughter. They are accused of providing the heroin that killed Arthur Eisel IV in Grove City. It was the first time federal laws were used in Ohio to go after dealers for deaths their drugs caused.
Eisel had tried to get off heroin and recently had completed rehab. He was visiting his mother and stepfather's house when he shot up for the last time. His brother found him slumped over the bathtub with a syringe nearby.
Contreras, Parra and many other people whom federal agents have arrested are from Tepic, Mexico, a city of 300,000 people north of Puerto Vallarta.
Some dealers immigrate to central Ohio from Mexico because they know they can make a living selling heroin. Emmanuel Arturo Aguayo Hernandez and Louis Perez Puentes paid a smuggler to help them cross the border, the DEA says. They moved into a Far East Side apartment and sold about $1,200 in heroin a day, according to authorities.
Over on the West Side near Hilliard, federal agents seized $34,170 in cash when they raided the 5577 Millwheel Court apartment. The three people they arrested there admitted that the cash was payment for black-tar heroin.
"It can occur anywhere in the city. It rarely occurs in the same location," said Lt. Jeffrey Lawless of the Grove City Police Department.
Sgt. Jeff Pearson, a detective who has been on the Grove City force since 1983, said he never saw heroin until a few years ago. Now, he sees too much.
Grove City police made 24 heroin-trafficking arrests this year after only one last year. They have had 36 heroin-possession cases compared with three in 2006.
COLUMBUS, Ohio When James Baisden died September 2, police
considered his death suspicious. Yesterday, police arrested his two friends
and now consider them his killers, NBC 4’sTacoma Newsome reported.
Chad Foster, 32, and Anthony Moore, 28, appeared in court today for the
first time. Both men are being charged with reckless homicide and corrupting
another with drugs after a two-month investigation by Westerville Police.
Both Foster and Moore evoked their right not to speak. The judge ordered
the men to remain jailed on $100,000 bond and not reach out to their former
friend’s family.
Foster and Moore are due back in court December 1, according to Newsome.
Stay tuned to NBC 4 and refresh nbc4i.com for more information.
Wednesday,
March 12, 2003
Suspected heroin deaths push fear into the suburbs
By
Jim Hannah Mark DeMarrero, 19, overcame asthma to become a running back for the Campbell County Camels.
Casey Wethington, 23, swore he would never use drugs after seeing people use needles on the streets of Dublin during a backpacking trip. Three average kids in Campbell County. Now they're all dead. Heroin abuse is suspected in two of the deaths; it's certain in the third. Abuse of the powerful drug is causing mounting alarm in some Cincinnati suburbs. Campbell County hospital and public safety officials can recall no heroin overdose deaths in the previous decade. But since August, this county of 35,000 households has been dealing with at least those three deaths in which heroin is suspected of playing a part. "If you have people this young using this potent of a drug, it's a real concern," says Jim Paine, who leads Northern Kentucky's regional task force battling the illegal drug trade. Complete data on Tristate heroin abuse do not exist. But evidence supports the worry that abuse is on the rise: A doctor who runs a Falmouth treatment center says he's concerned by the 160 addicted adults he's seen in the past six months. Hamilton County counts 54 heroin overdose deaths in the past five years - compared to 10 in the five years before that. Eight people died from heroin-related causes in 2000 and 2001 in Butler County, the coroner's office there says. Heroin came into popular use in the 1990s with new techniques that allowed it to be inhaled, rather than just injected. Pop culture further glamorized the drug, says Carol Falkowski, director of research communications for Hazelden, a substance abuse treatment and education foundation based in Minnesota. The gaunt look of runway models, for example, was dubbed "heroin chic" because the look mirrored the wasted appearance of hard-core drug addicts.
The Campbell County community is so upset that nearly 400 people packed an Alexandria firehouse in early February to discuss what, if anything, can be done there. "Casey had been clean for 20 days," his mother, Charlotte Wethington, says. "Then he overdosed a second time. He told me he used heroin to celebrate going 20 days without it. That's what the drug does to people." Friends meet same fate Teachers and parents say kids growing up in the Campbell County suburbs know where to buy the drug. They report a tale of addiction that leads from suburban shopping centers near home to corner drug markets in Over-the-Rhine to drug treatment, the ER and sometimes, the graveyard. Mark DeMarrero worked in the kitchen at O'Charley's in Alexandria and still lived with his parents in Melbourne when he died on Oct. 20. George DeMarrero Jr. knew his son was addicted to heroin eight to nine months before his death. Mark also would mix drugs, sometimes taking Xanax, a prescription sedative used to treat anxiety disorder and sometimes sold on the streets and abused, his father says. His parents tried to limit their son's access to drugs by taking away his car. But on the night he died, his parents let him go out with someone they thought was a good influence. The young addict got his hands on drugs and came home stumbling. His father put him to bed. He never woke up. George DeMarrero Jr., says he will never forget the image of rolling his son over and realizing that he was dead. He hadn't realized the boy's life was in danger. Mark DeMarrero had been in treatment programs twice, but since he was over age 18, he checked himself out of treatment. George DeMarrero believes peer pressure and a chemical imbalance in his son's brain led to the addiction. It didn't help that drugs were usually present at the parties his son attended, he says. Connie DeMarrero, Mark's mother, says experts have told her that heroin addicts must "hit bottom" before they can be helped. But she says "hitting bottom" for an unmarried young man, with no children or a mortgage to pay, is death. By all accounts, Mark DeMarrero's death deeply depressed his best friend, Adam Messmer. The two first met in middle school, went through high school together and were inseparable. Joan Messmer learned that her son, a student at Northern Kentucky University, had a heroin problem on Nov. 13. The Messmers got a call saying Adam was at St. Luke Hospital East in Fort Thomas after he was found unconscious in his car outside a shopping center. Police said Adam Messmer had overdosed on heroin and that his body temperature was 94 degrees. Adam recovered but was charged with possession of heroin and drug paraphernalia. His parents left him in the Campbell County jail for two days so he would experience the consequences of his substance abuse. Then they signed him into the same 32-day, inpatient drug treatment program that Mark DeMarrero had attended. At the end of Adam'sfirst week there, the family's insurance company recommended that he be transferred to an outpatient program that met for three hours a day three days a week. They followed the recommendation, but heroin proved too tough. Obeying his mom's orders, Adam Messmer woke Joan Messmer at 2 a.m. on Jan. 4 to say he was home safe and heading for bed. His mother went to wake him later that morning but found him unconscious. He died later that day at St. Luke East. Campbell County Coroner Mark Schweitzer suspects opiates caused the deaths of Adam Messmer and Mark DeMarrero. But he won't know for sure until toxicology tests are complete. That could take months. The problem, Schweitzer explains, is that heroin begins to break down in the body after only 10 minutes, leaving scant traces for a toxicologist to identify. The state lab doesn't even test for heroin, but can sometimes narrow a finding to probable heroin use after eliminating other drugs, Schweitzer says. Officials with the Hamilton County Coroner's Office say tracking heroin deaths is a difficult task for any agency. Terry Daly, office spokesman, says heroin breaks down into morphine, making it virtually indistinguishable from similar drugs. Law change unlikely Charlotte Wethington of Morning View has been traveling the Tristate telling anyone who will listen how her son's life spiraled out of control. In early December she pleaded with Cincinnati officials to crack down on heroin dealers feeding suburban habits. City Hall passed an anti-loitering ordinance that gave police greater ability to prosecute obvious drug dealing. In Kentucky, Wethington is pushing for a state law that would allow parents of adult addicts to force their children - against their will, if necessary - into locked drug treatment or rehab programs. Concerns about cost and civil liberties likely will keep such a law from being passed by the legislature this year. Wethington found out that her son, Casey, was addicted to heroin in February 2002. He went to a treatment center in Falmouth but left after six days. In May, he overdosed and stopped breathing. St. Elizabeth North in Covington released Casey after he told doctors he wasn't trying to commit suicide, his mother says. After he was released, Casey told his mom he "had a love affair with heroin." On June 25, he overdosed a second time. The next week he was arrested in Noblesville, Ind., on a charge of marijuana possession. Despite Charlotte Wethington's pleas to police that he be kept in jail for his own protection, he was released on his own recognizance. On Aug. 9, Casey Wethington overdosed for a third and final time in Cincinnati, where he had moved after high school to attend the University of Cincinnati. He died after spending 10 days unconscious at University Hospital. The official cause of death was a heroin overdose. Campbell County High School senior Tony Schilling says he was a friend of Adam Messmer and Mark DeMarrero. He says that he, too, once used heroin, although he doesn't anymore. "My mom never caught me," he says. "I think she let a lot of stuff slide." Parents `too nice' He told his neighbors at the community forum last month that parents have to watch their kids. "You got to get in their faces," he said. "Too many of you are being too nice to your kids." Campbell County Assistant Commonwealth's Attorney Anthony Bracke says heroin addicts tend to become acquainted with each other, then seek each other out. He says the bravest, or sometimes just the addict having the worst withdrawals, will collect money from the group and drive through Cincinnati's inner-city neighborhoods to purchase heroin. Charlotte Wethington said her son's dealer was named "Sweets" and sold drugs from a lawn chair on Republic Street. Cincinnati police do not keep statistics of suburban drug buyers, but neighborhood watch groups are keeping track by reading license plates, says Kathy Atkinson of the Walnut Hills Area Council. Police have targeted the intersection of Clarion and Trimble avenues in Evanston for drug deals. Officers say the corner is favored by dealers and suburban buyers because of its proximity to Interstate 71, less than a mile away. Dr. Mike Kalfas, medical director of the St. Luke Hospital Drug and Alcohol Treatment Center in Falmouth, says when he began working there in 1997, he saw only sporadic cases of heroin addiction. But in the past six months, he says, 160 adults have checked into the center with heroin addictions. Half were between 18 and 25. He thinks the drug made inroads into Northern Kentucky because officials, from police to health-care workers, just were not looking for signs of heroin use. "No one was thinking of heroin here," Kalfas says. "They thought: `You see heroin on Miami Vice, not Northern Kentucky.' " E-mail jhannah@enquirer.com |
A man suspected of providing "cheese" heroin to
a 15-year-old
Dallas Police Deputy Chief Jesse Reyes said detectives investigating
the March 31 death of
The
Chief Reyes said investigators interviewed Mr. Vanegas and several other
people connected with the case.
"We do have a statement from him that allowed us to be able to proceed
with a murder charge," Chief Reyes said.
If convicted, Mr. Vanegas could face five to 99 years in prison.
Police records show that Fernando's 16-year-old sister Bianca picked
the freshman up from his Oak Cliff home and took him to Mr. Vanegas' house
in the 10400 block of
Mr. Vanegas is accused of providing the heroin to Fernando and showing
him how to use it.
Utah
Drug Overdose Leads to
Murder Charge
|
Friday January 26, 2007
8:45pm Reporter:
Noreen
Co., VA - A drug overdose of a Brookneal man
has led to a murder charge in |
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
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
Roessell was arrested Nov. 10 after sheriff’s
deputies found Rodriguez dead of an overdose on a makeshift bed in Roessell’s
When questioned by deputies, Roessell admitted that he had given Rodriguez
five methadone and five oxycodone pills two days earlier in exchange for
Rodriguez’s 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 Prosecutor’s
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 don’t get in the
victim’s system without the victim’s participation or consent,” Setter wrote
in an email.
One of these unsuccessful prosecutions was that
of
Roessell’s 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 Defender’s 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.
Thursday, July 17, 2008
Bobbie Jean Joecks, 37, is accused of providing the methadone that killed Jason R. Bodart, 32, on March 26, 2006, according to the criminal complaint.
Attorneys on both sides agreed to begin her three-day jury trial Oct. 6.
Joecks’ attorney, Joshua Klaff, asked the judge to set a status hearing before the trial. The hearing will be Sept. 5.
Joecks appeared in Walworth County Court Wednesday by telephone from
Taycheedah Correctional Institution, a women’s prison in
She is serving a one-year prison sentence after violating the probation
on her 2007 conviction in
According to the complaint in the reckless homicide case, a surveillance
video from Double D's Tavern in
A witness confirmed what the camera captured, the complaint stated.
The witness told investigators Joecks offered both he and Bodart methadone, a drug often used to treat heroin addiction, according to the complaint.
The witness refused, but Bodart consumed the pill, the complaint states.
Joecks told Bodart that she usually breaks the pills into quarters and that "she couldn't believe Bodart took the whole thing," according to the complaint.
Bodart died in his
An autopsy revealed that Bodart had a toxic level of methadone in his body.
Joecks denied giving methadone to Bodart, according to the complaint.
She also said she never saw Bodart take methadone, the complaint states.
Prosecutors are allowed to charge reckless homicide against people suspected of providing drugs that cause death by overdose.
A $50,000 bail has been set in Joecks’ case.
She also is charged with felony bail jumping.
Canada: |
Gerry Bellett |
Vancouver Sun |
Gerry Bellett |
Vancouver Sun |
|
Jenni Bond, 17, collapsed and died at the Edmonds Skytrain Station on Friday night. |
News Articles
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