KENOSHA, Wis. - A Kenosha woman whose 2-year-old son died after ingesting her prescription medicine has been convicted of child neglect.
A jury found 25-year-old Carrie L. Metz guilty Monday. She faces up to 25 years in prison when she's sentenced Sept. 8.
Her son, Benjamin Metz-Johnson, died last year from a methadone overdose after he grabbed his mother's prescription bottle when she wasn't looking.
Metz says she didn't call 911 right away because she thought he only grabbed the bottle without consuming anything.
Prosecutors say Metz should have known the boy had taken the drug.
Defense attorney Terry Rose says his client will appeal. He says Metz made every effort to ensure the boy hadn't taken anything, and that she made a mistake but didn't commit a crime.
The growing trend. If someone gets Methadone from you regardless of how they obtained it..... If they die.....
2 charged in Waukesha methadone overdose death
Waukesha - Homicide charges were filed Friday against two people in a methadone overdose death in October of a 46-year-old Waukesha woman. Nina E. Pudil, 34, of Waukesha is accused of selling liquid methadone to the victim, Nola K. Heinowski, according to a criminal complaint filed in Waukesha County Circuit Court. Aaron B. Schmoller, 29, of Waukesha is accused of obtaining the methadone from a clinic where he was being treated and selling it to Pudil. Heinowski was found dead in her Elizabeth St. residence Oct. 15 after authorities received an anonymous 911 call to check on her. Detectives later learned that Pudil discovered Heinowski's body and went with a man to a pay phone, where the man dialed 911, the criminal complaint says. Pudil and Schmoller each were charged with first-degree reckless homicide. If convicted, they face up to 25 years in prison and 15 years of extended supervision. During separate court appearances, Commissioner Thomas J. Pieper ordered them held in lieu of $100,000.The charges come as methadone-related deaths have been on the rise in the last several years, Waukesha County Deputy Medical Examiner Kris Klenz said.The prescription drug is given to patients to aid them in overcoming a heroin addiction and is considered safe when administered by a licensed professional. It's also used to treat pain.In 2007 and 2008, methadone-related deaths accounted for about 25% of all overdose deaths in Waukesha County, Klenz said.According to the criminal complaint, Schmoller told authorities he was in the methadone program at Quality Addiction Management in Waukesha from summer 2005 to November 2008.He received liquid doses to take home, and at some point he decided he didn't like being on methadone, the complaint says. Schmoller told authorities he began using only a portion of the methadone for himself and saved the rest, which he started selling in August after losing his job, according to the complaint.Pudil admitted to authorities that she purchased methadone from Schmoller and sold some of it to Heinowski 10 to 15 times, the complaint says.
Authorities did not arrest Harold Albert Skroch Jr., 44, after an informant bought drugs Jan. 8, 2008, in his apartment, police said. About a month later, he gave methadone to Jane Jay Christensen, 45, who died of an overdose Feb. 4, 2008, according to court documents.
Police referred Skroch to the county attorney’s office for charges in the January sale, but prosecutors declined to file charges. Nearly a year passed before police arrested Skroch in relation to Christensen’s death. He was charged last month with third-degree murder and is scheduled to appear in court in April.
Officials said determining when to make an arrest or file charges in a drug-sale situation is made on a case-by-case basis. Skroch was allowed to remain free for nearly a year because police were building other cases closely linked to his, said a narcotics investigator with knowledge of the investigations.
Even if police would have arrested Skroch following the January sale that took Christensen’s life, Winona Police Deputy Chief Tom Williams said she still may have been able to obtain the drugs that killed her from someone else.A police informant bought methadone Jan. 8 for $60 from Kathryn Sue Hanville, 51, who lived with Skroch at 152 Mankato Ave., court documents show. The informant intended to buy the drug from Skroch, but he was in another room and told Hanville to complete the transaction, according to a criminal complaint.
Hanville was later charged and has been summoned to appear in court Feb. 24. Assistant Winona County Attorney Kevin O’Laughlin declined to say why Skroch was not charged in the sale.
Some drug cases are allowed to become “prolonged,” Williams said, so police can conduct multiple controlled buys to strengthen a case and help protect an informant who may be buying drugs from several sources.
ELKHORN — Bobbie Jean Joecks said she never intended for her friend to die—especially at the hands of her drug addiction."His death will be with me for the rest of my life," she is quoted as saying in a pre-sentence investigation presented in court Wednesday. "It has scarred me because in my heart of hearts I know methadone played a part in his death."Walworth County Judge James Carlson sentenced Joecks, 37, formerly of East Troy, to five years in prison and 10 years extended supervision for providing the methadone that killed 32-year-old Jason Bodart of East Troy in March 2006.Joecks pleaded guilty Dec. 8 to first-degree reckless homicide after surveillance video from Double D's Tavern in East Troy Township showed her placing a large pill in front of Bodart, who swallowed it with a drink.A felony bail jumping charge was dismissed.Michelle Johnston, who spoke in court Tuesday via telephone from New Jersey, described her family's pain since her brother died and asked that Joecks be sentenced to substantial time behind bars."She is no stranger to breaking the law, and if my brother would not have crossed paths with her on that fateful day, he never would have died," she said. "She has broken our family forever."District Attorney Phil Koss said that while Joecks originally had a legitimate prescription for methadone after suffering a back injury at work, she later abused it by fraudulently obtaining refills.Koss said Joecks' record demonstrated the need for prison."Probation has not worked," he said. "She had the chance. ...But while she's out on bond for a serious charge ...she's out stealing and using cocaine. It shows she doesn't take this seriously."Defense attorney Joshua Klaff said Joecks racked up a criminal record simply to feed her drug habit."There was never the intent, never the motive to hurt anybody," he said. "She was a friend who made a horrific mistake."Klaff acknowledged homicide is serious, but he asked for a sentence that would allow Joecks to get treatment for her drug addiction and return home to her husband and four children.Jessica Joecks, 18, said the family needs her mother at home."She has been gone for more than a year already, but it seems like just yesterday she was coming into our room at night to give us kisses," she said. "Every day it gets harder and harder without her at home."Before the sentencing hearing began, Joecks asked to withdraw her guilty plea, saying a lawyer interested in taking her case contacted her husband Tuesday.Gregg Joecks could provide neither the name nor the telephone number of the attorney; "All he told me was to withdraw the plea," he said.Carlson proceeded with sentencing but said Joecks later could file a motion to withdraw her plea.
ELKO, Nev. (AP) - An Ely man has pleaded not guilty to second-degree murder for the overdose death an 18-year-old Elko woman.
Joshua Winton, 23, is accused of selling Jennifer Williams prescription drugs that led to her death June 25.
Trial was scheduled to begin April 28.
Williams was found dead on her bedroom floor by her mother.
Authorities say an autopsy showed she had several drugs in her system and died of an overdose.
In a court affidavit, investigators said Winton acknowledged selling Williams methadone and oxycodone tablets, and that he had prescriptions for other medications filled the week before Williams died.
So, I went in search of the original story.
Murder charge in overdose death
ELKO - An Ely resident was arrested Wednesday night by Elko police on a warrant charging second-degree murder related to the June overdose death of an 18-year-old Elko woman.
In an affidavit, Elko Police Detective Ty Trouten alleged Joshua Winton, 23, sold Jennifer Williams four methadone tablets, more than two oxycodone tablets and at least one hydrocodone tablet in the days before her June 25 death. I am not sure how you can determine ONE Hydrocodone tablet was taken a week before the death but is has been my experience that you don't hold onto ONE Lorcet/lortab etc. for a week before taking it & why would someone confess to selling or giving methadone and Oxycodone to someone but lie about a hydrocodone pill? I am betting someone else gave this to her & they didn't want to investigate this when it was easier to just accuse this boy of it.
Joshua Winton.
Williams was found dead by her mother on the bedroom floor of her residence at 665 Bullion Road No. 76. An autopsy performed by the Washoe County Medical Examiner's Office determined she died of an overdose, specifically from the effects of methadone, oxycodone and hydrocodone. Other drugs found in her body included alprazolam, carisoprodol and dextromethorphan. Since when does Xanax mixed with methadone not have any effect in an overdose? That is a lethal combo. Also, who supplied the Xanax, Soma? The cold medicine she probably bought herself.
In his affidavit, Trouten said Winton admitted selling Williams methadone and oxycodone tablets and he had a prescription for hydrocodone bitartrate and acetaminophen filled the week before Williams' death. Just because he had it filled does not mean he gave them to her. Trouten said in the statement some of Williams' family and friends indicated she was addicted to prescription drugs such as Xanax, Soma and oxycodone. So she was tolerant to opiates. This is important because it means it would take more methadone to kill her.
According to the affidavit, other drugs found in Williams system at the time of her death may have been obtained from family members or her boyfriend. But we aren't going to pursue that because we have someone to hold accountable for the methadone and OC which are the demon drugs that make headlines...LOL
Williams was a 2007 Elko High School graduate and was active as a cheerleader, Choralier and office aid in high school. According to her family, she loved the outdoors, fishing, hunting, rodeos and sports - playing Little League Softball until she was 14. After graduation she enrolled at Great Basin College.
Acting on a tip, an Elko County sheriff's deputy arrested Winton at the Northeastern Nevada Regional Hospital on the murder warrant. Could the tipster be the one who supplied the drugs? He is being held in Elko County Jail on $250,000 bail. Regardless of how she obtained the drugs, the act of obtaining drugs is trafficking if nobody dies as a result and it is trafficking if someone does die as a result. Winton is a drug trafficker/dealer not a murderer. Below is a news clip from KENV with the police chief which was suppose to be about the case but it turned into a PSA for what can happen if you sell drugs.
An April 27 trial date has been set for a Novi man accused of delivering the methadone that killed a Brighton woman in August.
Norman Kenneth Schoder's former live-in girlfriend testified at an earlier preliminary hearing that the 24-year-old man sold Frances Buresh his prescription methadone pills, which a medical examiner said contributed to the Aug. 5 death of the victim.
A Brighton detective testified that officers went to Buresh's home Aug. 9 for a welfare check, after friends reported not seeing Buresh in several days.
Officers found Buresh dead on her couch and eight white pills, later identified as methadone, in a small container.
An autopsy later showed that Buresh died of "methadone intoxication," and that she also had alcohol in her system.
Schroder is charged with delivering a controlled substance causing death. The crime is punishable by imprisonment up to life.
He returns to Livingston County Circuit Court on March 16 for a pretrial conference. The case heads to trial if no plea deal is reached.
More detail in this older article from January...
Man to stand trial in methadone death
A Novi man was ordered to stand trial on charges his delivering methadone to a Brighton woman caused her death in August.
Norman Kenneth Schoder's former live-in girlfriend testified at a preliminary hearing Thursday that the 24-year-old man sold Frances Buresh his prescription methadone pills, which a medical examiner said contributed to the death of the victim.
Cassandra Redmond of Flint testified that Schroder told her, "I hope (Buresh) didn't die because of the methadone pills," after learning Buresh had been found in her home in the Hidden Arbor condominium development Aug. 9.
The hearing ended with Livingston County District Judge Carol Sue Reader ordering Schroder tried on a charge of delivering a controlled substance causing death. The crime is punishable by imprisonment up to life.
Redmond said she met and became friends with Buresh, whom she knew as Tina, at Narcotics Anonymous. She said that on Aug. 5, Schroder and Buresh discussed on the phone the potential sale of Schroder's methadone.
She told police she believed Schroder sold the 40-year-old Buresh 15 pills.
On that day, Buresh spent the evening with the couple at their tNovi apartment. Redmond's testimony was conflicting on whether Buresh drank alcohol or consumed methadone pills that day.
Redmond testified that the next day she and Schroder took Buresh home, stopping at a bank so Buresh could withdraw $90 to give to Schroder to pay for the methadone. Bank records show the woman made the withdrawal at 5:54 p.m.
Brighton Police Detective Bradley Patton testified that officers went to Buresh's home Aug. 9 for a welfare check, after friends reported not seeing Buresh in several days.
Officers found Buresh dead on her couch and eight white pills, later identified as methadone, in a small container.
An autopsy later showed that Buresh died of "methadone intoxication," and that she also had alcohol in her system.
Howell defense attorney Mark Gatesman questioned Buresh's drug use, and Patton said his investigation showed that Buresh was a "known drug user" and that her drug of choice was heroin.
However, Assistant Prosecutor Shawn Ryan noted that the medical examiner did not find heroin in Buresh's system.
Schroder remains lodged in the Livingston County Jail. He is expected back in court next month.
ELK RIVER — A Big Lake woman was charged Wednesday with murder in the death of a woman who died from a methadone overdose.
Rebecca Ann Seffinga, 42, was charged with third-degree murder and a third-degree controlled substance crime. She is in Sherburne County Jail. The charges relate to the Sept. 29 death of Anna Jean Burns, 21, of Big Lake.
On Sept. 29, deputies were called to an apartment at 121 Euclid Ave. in Big Lake where they found Seffinga with Burns, who was dead, Sherburne County Sheriff Joel Brott said. Deputies searched the apartment and found numerous prescription pills.
Deputies learned that Seffinga had two prescriptions for methadone, a drug commonly used to treat heroin and morphine addictions. They fail to mention that it is used 3 times as much now for chronic pain and if they found script bottles then it was NOT obtained at an MMT clinic.
Ramsey County Medical Examiner's Office's autopsy found that Burns died from a mixed drug overdoseand had a lethal level of methadone in her system, Brott said. Research shows what is lethal to one person is not lethal to another and she died from a mixed drug overdose...what other drugs were found and how were they obtained? This is a pattern that continues and must be stopped. You cannot have a law and attempt to "pick and choose" who you will enforce it with. If they are going to go down this treacherous path then they had better charge every damn one of the dealers when a death occurs NOT just those with Methadone in their system!
Initially Seffinga said she had given Burns one methadone pill, but later admitted she gave Burns as many as four or five, Brott said.
Seffinga told deputies she thought Burns was dead Sept. 28 and on Sept. 29 called a pharmacy and a clinic to find out the ramifications of Burns' methadone ingestion.
Investigators were able to confirm that the calls were made. Seffinga told investigators that after she confirmed that Burns was dead, she flushed her remaining methadone, Ativan and Valium pills down the toilet before police arrived.
Ativan and Valium are commonly prescribed to treat anxiety.
Deputies found that Seffinga had given prescription pills to others who did not have a prescription.
Investigators had an informant purchase the prescription anti-anxiety drug Xanax from Seffinga, Brott said. Well? Were Ativan, Xanax and Valium in her system when she died? Hello?
One of the men charged with third-degree murder in the methadone overdose death of a Winona woman plans to challenge the legitimacy of those charges, his attorney said Thursday.
Douglas Bruce Zubick, 47, made his second appearance in court on charges of unintentional murder and manslaughter. He also appeared on five unrelated charges that accuse him of selling the prescription drug clonazepam to police informants in June, July and November.
His attorney, Richard Kimlinger, asked for an evidentiary hearing, at which he said he’ll challenge police probable cause and try to get the murder charge thrown out.
Kimlinger also presented a motion to reduce Zubick’s $200,000 bail but decided to reserve the motion for a later date. Zubick remains in custody at the Winona County Jail in lieu of $250,000 bail.
Police say Zubick gave $100 to Jeffrey Lee Frey, 47, from a monthly social security check to buy methadone from Harold Albert Skroch Jr., 44. Frey bought the drugs and delivered them to Zubick, who arranged for Jane Jay Christensen, 45, to clean his house in exchange for a portion of the liquid methadone, police said.
Christensen cleaned Zubick’s house Feb. 1, 2008, took about 100 milligrams of the drug and was found unresponsive in her home just before 6 p.m., according to reports. She was pronounced dead at the hospital less than an hour later.
Frey was charged with four counts of unintentional murder and manslaughter and has been released from jail on $100,000 bail. He is scheduled to return to court Feb. 26.
Skroch has been charged with aiding and abetting unintentional murder. He was released from jail Jan. 23 on $200,000 bail and is scheduled to appear in court April 9.
Zubick is scheduled to return to court Feb. 19.
Rebecca Ann Seffinga, 42, remains in Sherburne County Jail. Her next court appearance is Feb. 25 in front of Sherburne County District Court Judge Mary Yunker.
Seffinga is charged with murder and third-degree controlled substance crime. A complaint accuses her of causing the Sept. 29 death of Anna Jean Burns, 21, of Big Lake.
The complaint accuses Seffinga of giving Burns four or five tablets of methadone, a drug commonly used to treat heroin and morphine addictions. An autopsy by the Ramsey County Medical Examiner's Office found Burns died from a mixed drug overdose and had a lethal level of methadone, according to the court complaint.
The charges against Seffinga came after a joint investigation by Big Lake police and Sherburne County deputies. Investigators were called Sept. 29 to an apartment at 121 Euclid Ave. in Big Lake where they found Seffinga with Burns, who appeared to have been dead "for some time," according to the complaint.
Deputies found numerous prescription pills and learned Seffinga had two prescriptions for methadone,
Initially Seffinga said she had given Burns one methadone pill, but later admitted she gave Burns as many as four or five, according to the complaint.
The complaint accuses Seffinga of calling a pharmacy and clinic to find out the ramifications of Burns' methadone ingestion. Seffinga told investigators that after she confirmed Burns was dead, she flushed her remaining methadone, Ativan and Valium pills down the toilet before police arrived.
Investigators later had an informant buy the prescription anti-anxiety drug Xanax from Seffinga, according to the complaint.
Emily Micah Suckarieh, 22, was the first of two defendants sentenced in the case involving the death of 21-year-old Brandon Moore, who had also ingested methadone purchased from Tiofila "Toffie" Santillana of Midland.
In an emotional setting in U.S. District Judge Robert Junell's courtroom, relatives of the defendant and victim gave statements about the impact of the case.
"Judge Junell read a beautiful letter from Brandon's mother Karri, in which she expressed how difficult it is to lose a child, how Brandon struggled with drugs for a long time but what a beautiful person he was," Assistant U.S. Attorney John Klassen said. "She doesn't bear any animosity toward Emily and hopes she can get her life back together.
"It was a moving day -- a tragedy from every perspective."
Suckarieh, represented by Midland attorney Ian Cantacuzene, and Santillana, whose lawyer is Bob Garcia of Odessa, were charged with distribution of methadone and Xanax that resulted in a death.
USDEA agents, city police and county sheriff's investigators said the Xanax, an anti-anxiety medicine, "had an elongating effect" on the methadone, a synthetic narcotic prescribed to heroin addicts, starving his brain of oxygen.
VERO BEACH — Ray Adams took his wife Phyllis outside, behind her work place, and told her to hold him as tight as she could — just like he held her.What he said next devastated her, there in the bright sunshine off Ocean Drive.Their 19-year-old son Nolan died a few hours earlier on Jan. 25, 2005. He ingested two capsules of the potent drug methadone William McCartney III, 34, is accused of selling to him illegally for $50 the day before in Vero Beach.“Her soul broke,” Adams said.Their passions haven’t died. They’ve just shifted focus, including wanting to see drug dealers held accountable for the results of their deals.Adams said taking the drug “was his (Nolan’s) fault,” but he wants the drug dealer to endure some consequence. In his case, illegally selling a prescription drug designed for weaning addicts off heroin.Florida has a little-used law, dating back to the 1970s, that allows the state to charge illegal drug dealers with first-degree murder if a buyer dies from ingesting about 100 different drugs including opium, cocaine, heroin, morphine, oxycodone and marijuana.But Florida’s 4th District Court of Appeal last week ruled methadone doesn’t fit the definition of drugs in the state murder statute. The appeal court was ruling on an appeal of a similar ruling by a circuit court judge in Nolan’s case.Assistant State Attorney Ryan Butler plans to move ahead with other charges — third-degree murder and drug sales — against McCartney.At the same time, Butler said he will soon be calling on state legislators to add methadone to the statutes.“Methadone is just a deadly as oxycodone and hydrocodone” that are in state statutes, Butler said. “We want to correct this glitch.”If approved, the change couldn’t be retroactive to Nolan’s case, attorneys said.Still, Adams supports the idea, to help deter illegal sales of the drug. “I want to move forward,” he said. “I want something good to come of this.“I don’t want any other parents to ever to go through what we have gone through,” Adams said. “There are terms for people who lose a spouse: widow or widower. There isn’t a word for loss of a child. There aren’t words to express it.”
THE CHARGE:
• In Florida, illegal drug dealers can be charged with first-degree murder if a buyer dies from taking their drugs.
• Last week, a state appeals court found a Vero Beach man couldn’t be charged under the law because the sale was of methadone, a drug not listed in the law.
• The criminal case is the first of its type on the Treasure Coast. There are few such cases in Florida.
Date set for trial of accused drug dealer
A new trial date of May 4 has been set for one of two defendants accused of selling a lethal dose of methadone to a 15-year-old in 2007.
Chase A. Cagle, 21, was scheduled to begin his trial Monday, but it was postponed until the May date because the defense is still waiting on expert witness reports, according to Assistant District Attorney Geary Aycock.
Cagle and his girlfriend, Chelsea L. West, 20, were arrested in December 2007 in connection with the death of Brandon Tyler Stewart, a sophomore at West Monroe High School, who died a month earlier from a drug overdose.Ouachita Parish sheriff’s investigators arrested West in connection with Stewart’s death. Cagle surrendered to deputies the next day.They were charged with second-degree murder, distribution of methadone and distribution of narcotics to a minor.Stewart was spending the night with friends at a residence in the 300 block of Kendall Ridge Drive in the Westlake Subdivision in West Monroe when he became unresponsive.
A pretrial hearing has been scheduled for West on March 10.A conviction on second-degree murder carries a mandatory life sentence.
The drug situation that's going on in our world is a sad thing. The families are affected by it. We tried so hard over several years to get Brandon out of that lifestyle.'
His grandfather, James Owen of Odessa, testified in the U.S. District Court trial and said afterward the 6-foot-2-inch youth "was a sweet kid when he wasn't using drugs.
"We don't bear any ill well toward Toffie or Emily," said Owen, referring to 22-year-old Emily Suckarieh, who pleaded guilty to giving Moore Xanax and will get as many as four years on Feb. 5. Santillana will be sentenced March 31.
Owen said Moore went through the 12-week Teen Challenge rehabilitation program here at 17, moved to San Marcos and was about to go to prison for theft when his family had an attorney get him into another Teen Challenge there. "He got a GED and had a little boy in Spring Branch and was supporting him," his grandfather said.
"Brandon came back to Midland and became involved with a woman who gave him a Lortab for his back. I was kind of surprised when he was hospitalized because he had always been pretty careful. He recognized it was dangerous, but once kids get into narcotics, it's so hard to get them out. It just possesses them."
Doing well working in attics for a local air conditioning and heating company, Moore panicked and left when required to undergo a random drug test; however, the company would have provided counseling and kept him on if he hadn't quit, Owen said.
Palmer Drug Abuse Program Counselor Frank Janousek said the nightmare has four stages -- experimentation, beginning to seek drugs for oneself rather than only using them when proffered by others, starting to use them obsessively and then full blown addiction, indiscriminately mixing narcotics and disregarding the negative physical and social consequences.
"It progresses faster with teens because their bodies haven't matured," Janousek said. "The human anatomy generally matures for males at 21 while the brain grows until 24-25. The mind changing chemicals kids put in their bodies have detrimental effects on the tissue."
He said young people tend to be less heedful because they readily bounce back from a night of dissipation. "They can't understand why mom and dad or the police are so upset," he said, adding rehabilitation "depends on the kid's willingness and what he wants to do.
"They say, 'I know what I'm doing!'" said Janousek. "The youngest alcoholic I have seen, having the shakes, was 19. I've heard of a 9-year-old marijuana smoker. Forty percent of all teens who start drinking before 15 will develop alcoholism or become problem drinkers.
"The drug toxins cause the euphoria. There's a potentiation factor with poly substance abuse where the effects are magnified. Instead of one plus one equals two, it's one plus one equals 10."
2nd person charged in drug death of Ouachita Parish teen
The Associated Press
Brandon Tyler Stewart was a 15-year-old sophomore at West Monroe High School when he died in November from a drug overdose. A month later, Ouachita Parish sheriff's investigators have arrested two people in connection with his death, both accused of distributing the fatal dose of methadone that caused his heart to stop beating.
Bond has been set at $500,000 for a Monroe man, the latest arrest in a continuing investigation into Stewart's death. Chase A. Cagle, 20, of 413 Isabelle St., Monroe, turned himself in to authorities Wednesday afternoon and was arrested on charges of second-degree murder, distribution of methadone and distribution of narcotics to a minor. Cagle's arrest came a day after Ouachita investigators and Metro Narcotics Agents escorted Chelsea L. West, 19, 1509 N. Seventh St., Monroe, from her job at Pecanland Mall to the Sheriff's Office and arrested her on the same charges.
Capt. David Harris said an investigation began Nov. 14, the date of Stewart's death.
Stewart was spending the night with friends at a residence located in the 300 block of Kendall Ridge Drive in the Westlake Subdivision in West Monroe when he became unresponsive. American Medical Response personnel took Stewart to Glenwood Regional Medical Center, where he was later pronounced dead. What was initially thought to be an overdose case quickly turned into a homicide investigation when detectives received information about how the teenager obtained the illegal drugs that ended his life. Authorities believe Stewart purchased methadone from West the day of his death. West got the drugs from Cagle, Harris said.Methadone is typically prescribed to heroin addicts and has been known to cause slow breathing, irregular heartbeat and death, according to the Medicine Plus Web site at www.nlm.nih.gov. Harris said cases of methadone are becoming too familiar in the area. "One of the problems with methadone is that it is a time-release substance," Harris said. "Kids will pop a pill, and when it doesn't give them an instant high, they will pop another, and then another. Then it becomes a massive dosage that is fatal." The Ouachita Correctional Center Web site said West has never been booked into jail locally for a felony offense. Chase was booked into the jail in 2006 on simple possession of marijuana charges and on a charge of possession of drug paraphernalia. Maj. Royce Toney, head of investigations, said three families have been deeply affected by Stewart's death. "Young adults need to be aware of the reality that controlled drugs are dangerous," Toney said. "We have seen too many deaths over the last couple of years due to drug activity. The drug user has the idea that it only affects them, but it affects families, friends and the whole community."Cagle and West remained incarcerated at Ouachita Correctional Center late Wednesday. West's bond was set at $50,000. Harris said if West and Cagle are convicted on murder charges, they face life in prison.
©The Times
December 20, 2007
'Say you shoot somebody in the heart with a shotgun and then shoot him with a BB gun. To say the BB gun killed him would be silly, wouldn't it?'
Accused of distributing methadone, resulting in death, Tiofila “Toffie” Santillana will serve from 20 years to life in prison if convicted by the U.S. District Court jury that began hearing evidence Monday.
Dr. Stacey Hail, a toxicologist at Parkland Hospital in Dallas, told the three-man, nine-woman panel that Brandon Moore would not have died without taking methadone last April 9 or 10, although he also had ingested the anti-anxiety drug Xanax, cocaine, the muscle relaxer benzodiazepine and alcohol.
But Dr. William Rohr, Collin County’s medical examiner north of Dallas, said the combination made it “impossible to say” which ones actually killed Moore, who succumbed to mixed drugs toxicity and renal failure.
Hail compared the question to the relative lethality of shotguns and BB guns. “Say you shoot somebody in the heart with a shotgun and then shoot him with a BB gun,” she said.
“To say the BB gun killed him would be silly, wouldn’t it? You could say in this case that methadone was the shotgun and Xanax the BB gun.”
Santillana, who witnesses said Monday had long operated a “drug house” in a duplex on Neely Avenue, is accused of selling Moore the methadone on which the Xanax had an “elongating effect” and starved his brain and kidneys of oxygen while he lay on a friend’s couch for more than 12 hours.
Rohr told defense lawyer Bob Garcia of Odessa and Assistant U.S. Attorney John Klassen the autopsy report and other medical records did not pinpoint methadone as the primary cause of Moore’s death after 13 days in a coma at Midland Memorial Hospital. “It was a very complex interplay, so it is impossible to say,” said Rohr. “I can’t single out a drug.”
Before testimony by U.S. Drug Enforcement Administration Agent Dean Cook, Judge Robert Junell sustained Garcia’s motion to preclude testimony Santillana had admitted having caused the methadone-related death of another man in 2006.
Methadone is a strong synthetic drug prescribed to heroin users to help them overcome their addiction.Klassen argued for admitting the defendant’s confession shortly after her May arrest that a man named Robert Hunt died after ingesting methadone she had sold him. Junell agreed such testimony would be prejudicial but said he would let Cook say Santillana admitted to previously trafficking the drug.The woman’s co-defendant, Emily Micah Suckarieh of Midland, has pleaded guilty to giving the victim Xanax and could get as many as four years in federal prison when sentenced. Attorneys said the trial might end today.
*There was no mention in either of these articles about why charges were not filed against the person who gave him a Lortab, the cocaine dealer, or the additional benzo (if there was one because they don't seem to know that Xanax IS a benzo). Of course they never mention where the alcohol was purchased even though it make as much sense to prosecute the local bartender as it does to prosecute the other people. Anyway, this is so out of hand and clearly discrimination against Methadone it has to stop.
Two Winona men have been charged with third-degree, unintentional murder for providing methadone to a woman who later died of a drug overdose.
Douglas Bruce Zubick, 47, was charged with one count each of third-degree murder and second-degree manslaughter. Jeffrey Lee Frey, 47, was charged with third-degree murder, aiding and abetting third-degree murder, second-degree manslaughter and aiding and abetting second-degree manslaughter. The murder charges carry a maximum penalty of 25 years in prison and a $40,000 fine.
The charges mark just the third case in which murder-related charges have been filed in Winona County since 2004.Police arrested a third man, Harold Albert Skroch Jr., 44, Wednesday afternoon. He’ll likely appear today on charges of third-degree murder and aiding and abetting third-degree murder, said Winona County Attorney Chuck MacLean.
Investigators say the men obtained methadone for Jane Jay Christensen, 45, who overdosed Feb. 1 at her Winona home and was later pronounced dead at Community Memorial Hospital.Court documents show Skroch regularly sold methadone he obtained from a clinic to Zubick, who cashed Social Security checks to pay for the drugs. Frey operated as a middleman — using $100 of Zubick’s money to buy from Skroch — to obtain the drugs that ultimately killed Christensen, investigators said. Zubick gave the drugs to Christensen in exchange for cleaning his house.Frey told investigators that Christensen had been drinking alcohol “throughout the day” before she took the methadone, according to the complaint. She appeared intoxicated and groggy, and he told her to rest, the documents show. When Frey tried to shake her awake, she was unresponsive, the complaint states. Frey left, assuming she had “passed out,” according to court documents. A witness later returned to the house to find Frey gone and Christensen unresponsive.
Christensen’s cause of death is listed as “mixed drug toxicity (alcohol and methadone),” according to the death certificate. Methadone is commonly prescribed to wean heroine addicts.Frey was charged Wednesday with three felony counts of selling hydrocodone to police informants in October and one count of selling clonazepam to informants in November, and Zubick was charged with five felony counts of selling clonazepam to police informants in June, July and November.All three men are currently in the Winona County Jail. Frey and Zubick are being held on $200,000 bail and are scheduled to return to court Jan. 15 and Jan. 22, respectively. Skroch is awaiting an appearance in court. Christensen’s mother, Patricia Volkman, described her daughter as a kind person when contacted Wednesday evening.“Jane was a very giving, very loving person who put others before herself,” she said.
By age 12, he had run away from home. In his 20s, he was in and out of Washington County District Court on charges that included assault and burglary. In his 30s, he added credit-card theft and eluding police to his record. And at 35, he and his girlfriend were selling prescription drugs to high school students to support their own addictions. Last year, one of those teenagers died.
"I know my saying 'I'm sorry' won't bring him back, but I am sorry. I wish it had never happened," a tearful Eichelberger said yesterday in U.S. District Court in Baltimore, just before he was sentenced to 20 years in federal prison for distributing the methadone that killed 17-year-old Harry L. "Trey" Angle.Eichelberger's case was the second of its kind filed in Maryland since the early 1990s. It relied on a seldom-used federal statute that carries a mandatory minimum sentence of 20 years for those convicted of distributing drugs that result in death - essentially holding dealers accountable for their products' effects.Interest in the federal charge has risen. During the past year, the U.S. attorney's office for Maryland has opened at least five investigations into drug-induced deaths based on it, and the local Drug Enforcement Administration office is working on a sixth.
None of those investigations has led to federal charges in Maryland. But in Virginia last month, a 19-year-old man was charged under the statute after allegedly distributing heroin that led to an overdose death. Two other defendants in the case, in which police uncovered a ring of young heroin users and dealers living in the state's affluent suburbs, were charged with drug distribution that caused the same user to overdose half a year earlier. Both charges carry a 20-year minimum sentence.When Eichelberger's case came up last year, the U.S. attorney's office in Maryland began exploring whether the statute might apply. Prosecutors would have to link Angle's death definitively to his dealers - a near-impossible task in many drug overdose cases. Users often buy from multiple street sources, making it difficult to identify the one whose drugs led to the fatal dose.
But Angle's case was different. Friends knew where he got the methadone, and Eichelberger's girlfriend, Kathleen Ann Harris, had left a damning message on Angle's phone days after he died, according to his mother, Laureen Valentine. She said Harris wanted to know if he needed more drugs.Harris also pleaded guilty to distributing drugs that resulted in Angle's death. Sentencing is scheduled later this month.In an interview yesterday, Rod J. Rosenstein, the U.S. attorney for Maryland, said overdose cases must often be treated as murder investigations. "Where did the drugs come from, and who is responsible for distributing them?" are the questions to ask, he said.
An October 2007 memo from the U.S. attorney's office urged police and prosecutors to further investigate overdose deaths, noting the 20-year minimum sentence. Holding such dealers accountable "may save lives and deter drug dealing," the memo stated.
The lengthy prison term is among the reasons that prosecutors find the statute attractive. Drug convictions often carry minimal sentences if the quantity is small or dealers have no prior record, and the sentences do not reflect the seriousness of a death, Rosenstein said.
Eichelberger's attorney, Robert H. Waldman, said the 20-year sentence was too harsh and that his client did not know what he was doing. Waldman portrayed Eichelberger as a victim raised in an atmosphere of alcoholism and abuse.Angle's family appeared not to empathize.
Both of his parents, now divorced, made emotional statements before the court yesterday, backed by his two younger sisters, his aunts and his grandmother.Trey was a doting big brother, a teen who wanted to join the military after high school, then go to college. He ultimately wanted to be a journalist, said his father, Harry Angle.
Both parents described Trey as a good kid who had issues. He'd struggled with substance abuse, and his dad knew he'd tried marijuana, but they never suspected anything stronger. Both had frank talks with their son about drugs and the future, and both felt they were doing what they needed to as parents.On July 25, 2007, Eichelberger and Harris met Trey Angle at his home, drank alcohol and sold him methadone, according to a statement of facts in the case. The next day, his father found the boy's lifeless body in bed. It is an image he can't get out of his mind.
"My pain is as sharp today as it was [then]. This will be my burden until the day I die," Harry Angle said."There will be no wedding for Trey, no grandchildren from Trey," Valentine told the court. "I'm constantly reminded that he's gone. I think I see him at the mall or walking down the street." She still gets mail addressed to her son. Days that were once celebrated - Mother's Day, his birthday, Christmas - are now mourned.Angle's parents said they do not excuse their son for his choices, but they try to remember that he was just 17. They also struggle to define their role and wonder if they were somehow to blame."In the final analysis, you weren't responsible for this," Judge J. Frederick Motz told Angle's anguished father. "Don't let this terrible, terrible tragedy ruin your life, too."
On Nov. 3, the local panel indicted Alfred John Bates, 22, of Ridge Road in Marion on one count each of murder, sale of methadone and delivery of methadone.
A grand jury meets behind closed doors to consider if enough evidence is present for a case to be heard in Superior Court.
Carolyn Diane McMahan Davis was found unresponsive and in cardiac arrest at her home on Lester Hollifield Road on the morning of Saturday, Aug. 30. Davis was taken to The McDowell Hospital, where doctors tried unsuccessfully to revive her and pronounced her dead, according to Detective Dan Shook of the McDowell County Sheriff's Office.
"Toxicology tests showed that the primary cause of death was a methadone overdose," Shook stated. "Mr. Bates was receiving methadone from the local clinic. He supplied (Davis) with methadone hours prior to her death."
Davis was Bates' aunt, said the investigator.
Methadone is a painkiller but is often used to treat addictions. It reduces the cravings and withdrawal symptoms caused by drug use by blocking the "high" and preventing the intense euphoric rush of some narcotics.
Bernard O. Huard, 49, of 23 Liscomb Circle, No. 3, in Gilford and Anthony Shaner, 53, of 21A Clay St., in Laconia were each indicted by a Belknap County grand jury on special felony charges of sale of a narcotic drug (methadone)-death resulting. If convicted, both men potentially face up to life in prison.
An indictment is not a finding of guilt but rather an indication that an independent jury has voted, after hearing from police, that sufficient evidence exists to warrant a superior court trial.
The indictments that were returned Thursday allege that Huard sold the powerful painkiller in Gilford to Joseph R. Sirles Jr., 29, of Sirles Road in Meredith Center. Sirles died on March 21, 2007 — his grandmother's birthday.Shaner is alleged to have sold methadone in Laconia to Francis R. Collins, 23, on Sept. 2, 2007, with Collins subsequently dying at his 28 Durkee St. home.
Sirles and Collins are among eight people who died from methadone overdoses in the city of Laconia last year. In February, Laconia police and the Belknap County Sheriff's Department unveiled a task force to curb the illegal sale and use of the powerful prescription drug linked to the deaths.
During that event, Patricia Bond of Belmont, Joseph Sirles' mother, said she hoped the task force will be able to get justice for her son — who left behind two young sons — as well as the other victims and that it may also "save some kids."The task force, which includes one officer from each agency, has reopened investigations into other deaths that may have been caused by overdoses in both Laconia and county-wide and have pledged to bring the drug dealers to justice wherever possible.Collins' parents, Wayne and Kimberly Collins of Gilford, have a nonpublished telephone listing and efforts to reach relatives for comment were unsuccessful.
According to Dr. Thomas Andrew, the state's chief medical examiner, methadone overdose deaths now outpace traffic accidents as the leading cause of death in New Hampshire. According to his obituary, Collins was a lifelong resident of the Lake City and graduated from Laconia High School. In the year before his death he had been employed at T-Bones restaurant, was an avid motorcyclist and enjoyed working on cars with his father.
Sirles grew up in Meredith, attended local schools and graduated from Inter-Lakes High School before joining the family masonry business. He was an avid outdoorsman, enjoyed automotive racing, baseball and collecting baseball cards and time spent with his father.
Frank Chimblo Jr.. was sentenced to six years in prison Friday in state Superior Court in Stamford after pleading guilty to charges of second-degree manslaughter and illegal sale of narcotics stemming from the 2007 overdose death of Kyle Lendenmann.Senior Assistant State's Attorney Richard Colangelo said the plea agreement was agreed upon by the Lendenmann family.Judge Referee Martin Nigro also imposed eight years of special parole which will be applied after Chimblo completes his sentence. He faced up to ten years on the manslaughter charge alone, which is a class C felony.Chimblo, 35, of 13-2 Harold St., in Cos Cob, was arrested on Oct. 3 by Greenwich police who alleged that he sold narcotic substances including methadone to Lendenmann on two occasions, and that Lendenmann later died from ingesting the drugs, according to a police press release. Lendenmann was a junior at Greenwich High School at the time of his death.As a result of the investigation, police also arrested a 29-year-old Norwalk woman, Catherine Bausch, who police said sold the methadone to Chimblo, who in turn sold it to Lendenmann. Bausch is charged with illegal sale of narcotics and has not entered into a plea.Chimblo also pleaded guilty to a non-related charged of doctor shopping, for which he was arrested in August by Greenwich Police. Colangelo said that from January to February 2007 Chimblo obtained six prescriptions for Percocet from five different doctors and hospitals. Chimblo's attorney could not be reached for comment. He is currently being held in the Cheshire Center, according to state records.
Joyce Madison a 41-year-old Oconto Falls woman is accused of providing the methadone that led to Jordan Jamisons, 22, fatal overdose in May. Madison is facing a first-degree reckless homicide charge.Cleaning staff found Jordan Jamison dead in Room 109 at Motel 6, 1614 Shawano Ave., on May 24. Investigators found no signs of foul play but did notice signs of a drug overdose, according to the criminal complaint filed Thursday. Jamison had an unlit cigarette in his hand, indicating that he died suddenly, the complaint said.In June, detectives learned that Madison told Jamison’s mother that she had given Jamison methadone the night prior to his death, the complaint said.In July, police learned that when Madison found out Jamison had died, she asked if the police would be coming to talk to her and that she did not think she had given Jamison enough drugs for a fatal dose, the complaint said.
Jamison’s death was ruled a poly-substance overdose. Toxicology tests revealed methadone, the anti-depressant Fluoxetine, marijuana and amphetamines in Jamison’s system, according to the complaint.
The methadone in Jamison’s system caused his death, according to Dr. Mark Witeck, the pathologist who conducted Jamison’s autopsy.
Laconia man sentenced in methadone death
Jeremy Copp, 20,who was indicted on a charge of sale of a narcotic drug (methadone) — death resulting — in the death of his friend, Raymond DeLucca, 20,was charged with what was potentially punishable by up to life in prison but Copp accepted a five- to 15-year sentence in the New Hampshire State Prison with credit for 281 days of pretrial confinement. Carroll (who was prosecuting the case) said the state would have been able to prove that Copp bought the powerful painkiller from Edward Costello and that he shared the drug with his friend, not knowing that it would subsequently kill DeLucca. Costello was arrested and convicted and he received a sentence of 15 to 40 years in prison. His wife and daughter also were arrested and sentenced in connection with the methadone sale. The prosecutor told the court that Copp was a drug dealer in the traditional sense since he didn't sell the deadly drug but rather shared it with a friend, but any time young people engage in the transfer of drugs without the proper education and training "the result can be onerous and potentially have a life sentence connected to it," he warned. Costello's daughter, Lisa, 18, who had no prior criminal record, was sentenced to a year in the Belknap County Department of Corrections jail. His wife, Diana, 44, was sentenced to two to four years in the state prison after she also pleaded guilty to being complicit in DeLucca's Oct. 23, 2007, death.
*The following is my opinion only regarding the above article. In all 4 people are serving a maximum of 60 yrs. for this boys death which he essentially caused himself. His mother has become a public speaker since his death and the Laconia police department is reopening more methadone overdose cases to try to put more people away for homicide after selling drugs, doing drugs with someone who overdosed or (as in the case of one Laconia overdose) even the driving of the car to take the person to get the drugs which are later sold to someone who overdoses.
Wade was sentenced to 25 years and appealed his conviction. Sentence was reduced to 17yrs.
In his appeal, Wade argued that the state failed to show that he had acted recklessly and with extreme indifference to human life, which is required for a first-degree manslaughter conviction.
The Appellate Court agreed. In its ruling, the court said that Wade knew that Calverley used drugs and that she took the methadone voluntarily.
According to evidence cited in the ruling, Calverley was warned about the strength of the drug she was taking but said she could handle it. There was conflicting testimony in the trial about how much Calverley took, but two people who were at the party said she took more than the recommended dose.
"She was trying not to be an addict," Manchester said. He noted that the case is not about the methadone clinics and described his client as a "poster child" for them. He claimed the media has placed too much emphasis on the fact Morgan was coming from the clinic and that any time methadone clinics are mentioned, Morgan's picture is shown.
"That has nothing to do with this," Manchester said.
Prosecuting Attorney Cherry said he had never seen Morgan's face in relation to a story about the methadone clinics.
"This is not about the methadone clines but about the tragic death of two individuals," Cherry said.
Shaw noted that testimony revealed that Morgan was under the influence of more than just methadone.
Women face charges in pharmaceutical death
"In combination, those drugs are lethal because the Xanax elongates the effects of the methadone," Klassen said. "We're going to start working these overdose deaths aggressively."
He said both defendants were being held without bond pending detention hearings.
Fatal OD
The report says emergency workers came to the home the day before when the boy was reportedly "acting funny." At that time, medical workers gave Ms. Lynn the option of taking the boy to the emergency room or watching him at home.
Caleb remained at home until the next morning, when Ms. Lynn reported him unresponsive.
He was taken to Betsy Johnson Regional Hospital before being transferred to WakeMed in Raleigh. Caleb died five days later from an overdose of Methadone and benzodiazepane, a class of drugs that includes Xanax.
Ms. Lynn's boyfriend, who lived at the home with the five children, reported missing prescription Methadone and Xanax pills.
At a preliminary drug screening at Betsy Johnson, examiners also detected marijuana present in Caleb's body.
Donna Sepulvado, 43, of Stonewall admitted selling methadone to the victim, who went home, took it and died of an overdose. She was charged negligent homicide and distribution of methadone & sentenced to 10 years in prison. Assistant District Attorney Brian Barber said other drugs were found in Troy Holland's system and it could not be determined which one killed him, but the methadone is believed to have contributed to his death.
Mother charged in Sampson methadone death
The mother of a Sampson County 12-year-old boy who died from a drug overdose has been charged in his death.Tina Lynn, 37, was charged with involuntary manslaughter and contributing to the delinquency of a minor. Lynn is in the Sampson County Jail. Her bail was set at $200,000. Bevil’s stepfather, a cancer patient, told investigators that he was missing methadone and Xanax.The report, released in mid-June said traces of methadone, benzodiazepine and marijuana were found in the boy’s system. Benzodiazepine is a class of drugs that includes Xanax, which is commonly used to treat anxiety. Lynn was charged because under state law “a parent has an inherent responsibility to protect their child.”
Daniel Browning, 34, from Wrexham, admitted the manslaughter of a friend he injected with heroin. He injected Jason Wilkinson's hand with Heroin after Wilkenson requested help stating he couldn't do it alone. Browning was unaware his friend had also taken methadone.
1) Personal Care Products (perfumes, mouthwashes, etc.)
2) Cleaning Substances - Household
3) Cough/Cold Products and Antihistamines
4) Pain Relievers (Tylenol, aspirin, ibuprofen, etc.)
5) Plants and Mushrooms
6) Foreign Bodies
7) Topical Ointments and Creams
8) Insecticides and Rat Poisons
9) Antimicrobials (antibiotics, etc)
10) Hydrocarbons (gasoline, kerosene, etc.)According to this list a child is much more likely to die from drinking perfume than Methadone. In which case the parents would receive letters of condolence and a hug....not handcuffs and a murder rap.Below are links to cases like this...
Methadone killed young girl; grandmother charged
LYNNWOOD -- The cherry-flavored methadone may have tasted like juice to the 17-month-old toddler.
Alison Reed couldn't have known the syrupy liquid her grandmother drank to kick her heroin addiction was poison.The toddler died in May from acute methadone intoxication. Detectives believe Alison climbed out of her playpen, found the bottle in her grandmother's purse and overdosed.
Prosecutors earlier this week charged Robin Gail Reed, 54, with second-degree manslaughter. Reed is accused of criminal negligence in connection with Alison's death.Prosecutors allege Reed failed to keep the methadone out of reach of the girl, even after signing a contract with a treatment clinic promising to follow rigid safety procedures, including storing the drug in a locked box.Detectives have been investigating the case since May and were awaiting toxicology tests before forwarding their investigation to the prosecutor's office, Snohomish County sheriff's spokeswoman Rebecca Hover said. The Snohomish County Medical Examiner's Office concluded in September that Alison died of a methadone overdose, according to the court records.
Methadone plea
A 52-year-old woman pleaded guilty yesterday to unsafely storing her methadone, which allowed her two-year-old granddaughter to ingest the drug.
Bonnie Morin pleaded guilty in Ontario Court of Justice to criminal negligence causing bodily harm.
Morin took her dose of methadone, which she got from the Sherbrooke Street methadone clinic, and placed the contents into what the Crown described as a squeeze bottle.
On March 7, 2007, her two-year-old granddaughter took the bottle out of the fridge and said “yuk” when she took a sip, Crown attorney Antonietta Raviele said.
Later in the day the young child became sleepy and started to hallucinate, court heard.
She was rushed to the Peterborough Regional Health Centre and then taken to a hospital in Oshawa where she was treated.
There were no lingering health effects to the child, Raviele said.
Mr. Justice Ray Taillon ordered a pre-sentence report and adjourned the case for sentencing March 24.
Kenosha mom convicted after son's fatal overdose
Boy, 2, dies from methadone drink
Father indicted in 2-year-old's methadone death-
Man faces a charge of involuntary manslaughter Advocate staff report • May 17, 2008 NEWARK -- Daniel Masters, the father whose son died in March after apparently drinking methadone, has been indicted on a charge of involuntary manslaughter, a first-degree felony.
Update: September 5th, 2008
Father (Danial Masters) was sentenced to 4 yrs for involuntary manslaughter, a first-degree felony.
KidsPeace faulted in overdose deathState will cite facility.
Girl, 16, died after taking stolen medicine.|Of The Morning Call KidsPeace will be cited for violations at its Saylorsburg home for troubled youths as a result of the death of a 16-year-old girl who overdosed on medication allegedly stolen from her counselor.
A murder trial begins for two eastern Kentucky parents in the death of their 11-month-old child
Braxton Jamayne Miller died of a Methadone overdose in June of last year.The commonwealth's attorney says Karen and Robert Miller showed extreme indifference to their baby's life but defense attorneys argue that the Millers are victims of a tragic accident.
Prosecutors said Robert Miller brought home two methadone pills on June 5th.
The Miller's attorneys said one of those pills got lost in a piece of furniture.
*Update- Second Murder Trial For Couple Is Underway
Robert and Karen Miller were on trial back in April, but a new trial date was set after the jury was not able to agree on a verdict.Opening statements and testimony began Tuesday afternoon.Prosecutors and defense attorneys agree Robert and Karen Miller did not intentionally harm their baby Braxton.Detective Gary Sandlin was the first to testify about what the Millers told him had happened before Braxton died.“When they cleaned the couch out they found a pill and they laid that pill on the table and when they turned around to put movies up and turned back around, the pill was gone,” Detective Gary Sandlin said.Police say the couple later told them Robert Miller had laid the pill on a rocking chair after they had shared another methadone pill.A nurse testified Karen Miller told her she saw Braxton swallow the methadone pill.Karen Millers attorney argues the Millers frantically searched the room for the missing pill.Robert Miller's attorney says the Millers had ruled out the possibility that Braxton might have swallowed the pill.The Millers found Braxton cold and unresponsive hours later.He was pronounced dead at the hospital.
Meridian couple to stand trial after infant dies of overdose
BOISE -- Not guilty pleas were entered in a Boise courtroom today on behalf of the Meridian parents of an 11-month-old baby who died of an apparent overdose.They are not directly charged with the death of their child, because it's still unclear how the baby ingested the drugs.But Christopher Azary, 31, and Denyel Loos, 25, are in the Ada County Jail for the deplorable conditions in which the children were living.Meridian Police were called to the home in October when 11-month-old Marc Azary had stopped breathing.During the probable cause hearing, prosecutors told the judge what officers found.The baby that was deceased was in a playpen. Just next to the playpen where the baby was was cat feces next to the baby's bottle on the floor, as well as what appeared to be ground food on the floor. Law enforcement has learned that the baby died from an overdose of methadone...methadone was given to the baby."Prosecutors say that methadone may have been mistakenly given to the baby by his 6-year-old sister, but they say the child appeared very coached when investigators talked to her."She has made statements between the effect of...between 'my mother told me to give the baby the medicine,' which would have been the methadone and/or 'my mom told me to say i did it'."Marc Azary was buried just two days before his first birthday.His two siblings are now living with another relative.Azary and Loos, along with the woman accused of providing the methadone, Tia Henrikson, are all scheduled to go to trial in April.Henrikson entered a not guilty plea today.Attorneys for the other two did not enter a plea, so the judge automatically entered not guilty pleas on their behalf.Christopher Azary is charged with two counts of injury to a child.Denyel Loos also faces those charges along with a third count of having unprescribed methadone in the house.Tia Henrikson is charged with delivery of a controlled substance.
LINCOLN COUNTY, W.Va. (WSAZ) -- The couple accused of giving a fatal overdose of methadone to a 3-year-old boy they were babysitting said it was a mistake.West Virginia State Police officers in Hamlin didn't have to go far to catch Theresa and Oscar Hyatt; the couple turned themselves in Wednesday morning."I've got nothing to hide," Theresa Hyatt said. "I loved that child and I loved him dearly."The Hyatt couple is charged with child neglect causing death after they gave Danny Cole Ross a lethal dose of methadone for his cold. The Hyatts were babysitting for a friend and said it was completely an accident."I assume what I gave Cole was Benadryl," Theresa Hyatt said. "Why would methadone be in my car?"State Police have a different story, maintaining that the Hyatts knew exactly what they were doing and that they didn't call immediately call for help."We learned through the investigation that other substances were given to the child," State Police Trooper B.M. Greenlee said.Police said the most disturbing part of the case is the lack of common sense the Hyatts showed toward the child."So many people want kids," Greenlee said. "It's sad they look at a child as a burden."Police said it's quite possible the Hyatts also were taking drugs while babysitting.Child neglect causing death charges carry the same penalty as first-degree murder.Original story
HAMLIN, W.Va. (WSAZ) -- A Lincoln County husband and wife have been charged in the death of a 3-year-old boy they were babysitting.West Virginia State Police arrested Theresa and Oscar Hyatt of Griffithsville Wednesday morning after they turned themselves into troopers at the Hamlin post.3-year-old Danny Cole Ross died on December 23. State Police say the autopsy shows the boy died of a lethal dose of methadone.The couple is charged with child neglect causing death.As she and her husband arrived at the State Police Post, Teresa Hyatt told WSAZ.com that on December 22nd, she was babysitting Danny when he started showing signs of a cold.Hyatt say she then gave the child what she thought was cold medication that was in a bottle in the back of her car. Hyatt says she didn't realize anything was wrong until the next morning when her husband found the child not breathing.The Hyatt?s are being held on $100,000 bond each.
Finally, when is an accident just an accident? If you are in a car accident, you are on Methadone and someone dies it may not even need to be your fault but make no mistake you will be charged with MURDER!
An all out effort on the part of the fanatic groups to make Methadone appear more deadly and support an effort to require patients to have a "designated driver" after dosing has resulted in charges ranging from homicide to murder for anyone involved in a crash with Methadone in their system. Research has shown that Methadone is not sedating or intoxicating, nor does it interfere with ordinary activities such as driving a car or operating machinery. Nevertheless, this pattern continues. I worry every day on my way to & from my clinic that I will be involved in an accident whether my fault or not and be charged with a DUI or God forbid someone was fatally injured to be charged with murder. Update* Arizona May Lead The Way In The Effort To Remove The Driving Rights Of MMT Patients. Read On....
January 16, 2009
Bill Would Add Methadone To Arizona's DUI LawArizona's DUI laws are some of the most severe in the country, and Sen. Jim
Waring wants to make the laws even more restrictive with the introduction of a
bill that would ban motorists from driving under the influence of prescription
methadone.
Methadone - a synthetic opioid developed in World War II Germany - is a
common treatment for drug dependence. An oral dosing of methadone stops feelings
of withdrawal in addicts and blocks the euphoric effects of heroin and morphine.
Statutory law bans individuals from operating a vehicle while under the
influence of drugs, but exempts individuals taking a drug prescribed by a doctor
from DUI penalties.
Waring's bill would remove methadone from the list of exempted prescription
drugs, giving drivers taking the medication the same punishment as a person
driving while under the influence of alcohol or an illegal drug.
"People came to me because I did a DUI bill that had a lot of success,"
Waring said. "This is not as huge an area. It will not create as many fatalities
as drunk driving does, but we do not want to overlook something that might be
easily rectified. "
The bill, S1003, was introduced in response to a series of accidents in 2008
caused by the delayed response times of drivers using methadone. Several of the
accidents, such as the one that killed five cheerleaders in Prescott, were
caused by drivers taking methadone in conjunction with other prescription drugs.
Waring said he would consider adjusting the measure to distinguish between
penalties for drivers using only methadone and for those taking the drug as part
of a prescription cocktail.
"I understand there is a middle ground," he said. "I would be amenable to
change. "Sen. Linda Gray, chairman of the Senate Public Safety and Human Services Committee, has indicated an interest in the bill, Waring said.Look at some cases....
Drug driver killed mumGrieving daughter pushes for tougher drug-driver lawsNICHOLAS BOYACK - Hutt News | Tuesday, 20 January 2009Rachael Ford has more reason than most to have a chip on her shoulder.On 26 August 2004, her mother was killed in horrendous circumstances by Luke Voice. Fuelled by methadone and Triazolam (a prescription drug used by addicts as a tranquiliser) his car crossed the centre line and hit the car being driven by Rachael's mother, Mary Radley.Mr Voice pleaded guilty to driving under the influence of drugs and was sentenced to two years and seven months in prison. It's reported he has never apologised for his actions and served just nine months.
WastedDuring the trial, police gave evidence that on the morning of the crash that despite being "wasted" he was given methadone by the Marlborough Nelson Health Board.Methadone is prescribed to addicts as an alternative to injecting heroin. Mrs Radley was an HIV nurse with a deep sense of humanity and commitment to helping people. It was that same sense of commitment that drove Ms Ford, a Lower Hutt resident, to set up the Candor Trust to research drugs and driving, and to lobby the government to get tough on drugged drivers."Because of (mum's) influence, I have her on my shoulder saying 'don't give up'," Ms Ford says.
Interviewing someone who has lost a close relative is never easy and Ms Ford struggles to talk about her mother.She says it was her mother who encouraged her to become a psychiatric nurse as she believed in helping the most vulnerable in society.When Mrs Radley was killed she was 60 and just beginning a new phase in her life after a life-time of nursing.To lose her was a huge blow for Ms Ford and even after five years words do not come easily to describe her feelings."I am not really very good about talking feelings. Mothers have a huge influence, they help shape you and my mum had a lot of good qualities. She is just gone."I can't ring her and find out what she is doing."She was at a stage in life where you start turning things around and repaying them for all they have done to bring you up."We have been ripped off, deprived of the opportunity to give back to her and show her how much she was appreciated and dote on her as an older person."Media reports of the accident said she died instantly but Ms Ford says that was not the case. Thinking about her mother dying a slow painful death are upsetting, especially as she was an HIV nurse dedicated to making sure people did not suffer.Just as "disturbing" has been the coronial process. An inquest was held into the August 2004 accident in April 2008. Earlier this month, she gained national media attention after returning to the scene of the accident in Marlborough and protesting at the length of time it has taken Coroner Dr Ian Smith to release the finding.She believes there has been "political interference" and the coroner has been pressured into delaying his findings. To try and speed up the process, she has had to hire a lawyer and it annoys her that as a victim she has had to fight for her rights.When the coroner's report is finally released she hopes it will include a recommendation for guidelines on the use of methadone and driving.In the UK druggies on methadone are banned from driving and she believes that should be the case here.The media publicity seemed to work and a few days later she finally received copies of the submissions made to the inquest.As to why it has taken so long for the coroner to deal with her mothers case, Ms Ford holds some very strong views.The accident highlights the loose rules and lack of legislation around drugged drivers.She believes the police and successive governments have not taken the issue seriously and have been influenced by the pro-marijuana lobby.Those who favour marijuana being legalised are concerned, she claims, that adverse publicity will harm the move to legalise cannabis. That seems far-fetched but Ms Ford questions what other explanation there is for the delay in getting the matter dealt with.Ms Ford says she can feel her mother sitting on her shoulder and will continue the fight until justice is done and the police get the powers they need to deal with drug impaired driving.Most people would find having their mother killed by an idiot fuelled on drugs a soul destroying experience.For Rachael Ford, it was a tragedy that encouraged to her to set up Candor and seek tougher rules for drivers who combine drugs like P, ecstasy, cannabis and heroin with driving.In New Zealand the police currently have little power to deal with drivers they suspect are under the influence of drugs.Unlike most other comparable countries, the police cannot automatically test drivers for drugs. Drivers have to agree to the procedure, although the police can take blood from drivers that end up in hospital. In New Zealand, she says, that effectively means you can drive "legally" after taking drugs.The vast majority of drugged drivers end up facing careless driving charges and are often ordered to do defensive driving courses. In most cases they do not lose their licence, although the risks associated with driving under the influence of drugs are the same as alcohol.In the case of the man who killed her mother, Luke Voice, he had faced previous driving charges and been ordered to do a defensive driving test.Material she obtained from the police under the Official Information Act suggests that drugs are a factor in about half of all road deaths, she says. Between mid 2006 and 2007 police believe cannabis was a factor in 71 road deaths.She believes that drugs are a major factor in a significant number of accidents but because there is no testing similar to that done with alcohol, the general public do not realise the magnitude of the problem.Candor has lobbied the government to tighten up the law and is currently backing a petition in support of the Land Transport Amendment Bill (no 4). The legislation would give police the power to test drivers for drugs but would not allow for random testing.Whilst Ms Ford says that is a weak approach, it is a step in the right direction. Although the bill was first introduced by Labour, National has taken it up and it is due to be reported back to Parliament in June.Transport Minister Steven Joyce says he is keen to see the legisaltion come in to force and National takes the issue seriously."The Government is committed to passing the Land transport Amendment Bill (no 4). We take drugged driving very seriously. Like drink driving it is a serous threat on our roads and must be treated as such. We need to get drugged drivers off the roads."One area Ms Ford is keen to see the police get tough on is alcohol and marijuana. The two drugs are, she says, a lethal cocktail as even a very small amount of alcohol combined with cannabis has a huge impact on drivers.Anecdotal evidence suggests it is a major problem and she says the police need greater power to deal with the problem.
DUI linked to Multiple Drugs But Methadone Singled Out
West Palm Beach woman charged with DUI in September crash
WEST PALM BEACH- — A 21-year-old woman has been charged in connection with DUI in connection with a September crash that injured another person.
Police say Veda Stanley was under the influence of a series of drugs, including Methadone, when she crashed her car on Dixie Highway in West Palm Beach, injuring the driver of another car.
.Stanley, of West Palm Beach, was arrested Sunday and booked into the Palm Beach County Jail on charges of DUI with serious bodily injury to another, DUI with property damage and operating a motor vehicle without a license.
A judge this morning ordered Stanley held in lieu of $4,000 bail.
Civil suits over deadly crash dismissed against Corbin man
Randal Mayne, 45 was indicted last week on two counts of manslaughter and for DUI stemming from a crash that claimed the life of two people. In addition to Methadone he had diazepam and nordiazepam in his blood after the crash. The Prosecutors are expected to agree that the levels were therapeutic but still expect a conviction for Manslaughter because he shouldn't have been driving. I realize that makes no sense but most charges with this drug don't.Patton woman convicted of vehicular homicide
Bobbi Jo Morgan, 23, was charged in with DUI and two counts each of homicide by vehicle while driving under the influence, aggravated assault by vehicle while driving under the influence, homicide by vehicle and involuntary manslaughter .She was on her way home from treatment for heroin addiction at a Clearfield methadone clinic on July 25 when her vehicle drifted off the roadway and struck and killed Bertha Kitchen, 63, and Samantha Kitchen, 3.Therapeutic concentrations of methadone and Valium were found in Morgan’s blood sample taken five hours after the wreck.
