They are back from Court...
Moms View Message Board: General Discussion Archive: Archive January 2006:
They are back from Court...
The sentence for the guy that sold Josh the drugs is 5 years in prison, state and 5 years parole. He has served 1 year in the county jail now he will go state for 4 more.
Doesn't seem like a long time for the crime, but what can you do.
Have to get all the details as soon as DH gets off the phone that has been ringing all day.
Well, at least he wasn't let go with time served. I find that so many are these days! I'm sorry, Kathy. I know this is hard for you. Was the letter from the family read in court?
{{{{{{{{{{{{{{{{{{{HUGS}}}}}}}}}}}}}}}
{{{{hugs}}}}
((((((((((hugs))))))))))
You are in my in my thoughts and prayers!
Karen, Yes, The Ex read it and DS Brett read his poem he wrote and the defendant cried. He said he was sorry to the family. Little to late huh? Just the way I feel right now.
{{{{{Kathy and family}}}}}
I know it was a hard day for you all.
so sorry... I know you must be so proud of Brett. That must have been hard for him.
Kathy, I am glad he was given time.. BUT you need to know that he will not serve five years. My BIL got 2 years for non support, served only 5 months. My Nephew got 2 years for grand theft (stole a car and wrecked it, fifth stolen car, first as an adult offender, so the other charges weren't considered in his sentencing) and he is getting out next Monday on the 9th after only serving 6 months. Rob said that unless his sentence was conditional, stating no early release, you will be lucky if he serves 2 years or less. The judicial system does not work in a rational way.. It is over crowded with prisoners, that are not given treatment they should be given while in the system and they are released pretty fast to free up space for the next offenders. My sisters husbands both work in the prison system. One at a the Ohio Reformatory for Women and the other at Marion Correctional Institution (medium security mens). They have both complained about the unfairness of sentencing in the system. There is a girl in the womens that killed her abusive step dad (sexual and physical, she caught him raping her little sister and she killed him) and she got life. She was a minor and tried as an adult. She is conditionally sentenced to life with parole after 50 years. She will be lucky to be in her late 60's when she is released. There was another woman that killed her three children and she was paroled after 15 years on her life sentence because the judge didn't set a condition to her release. So one tried to save herself and her sister from a very bad man and she will serve life, where as the other womans children's lives were only worth 15 years. The rules set up by our governmental officials are written by people not touched by the pain that we the people are touched by, unfortunately. Most things we experience in our lives never touch them, thus their guidelines for sentencing are often not equivalent to the crime in our minds.
Rob asked if his sentence is conditional? He also said the guy may have remorse. People that deal in drugs, generally have no concern for the effects of the life style on anyone involved. They are generally so self involved that they can only see the money they have in their pockets and the life style they want to keep up. But if this was a case of a guy getting a hold of a "drug" (I know it wasn't a traditional street drug) and giving it to his friends/ associates, he may not have thought past the idea that they were going to have a good time getting high. He probably never thought past that, until he was picked up and charged. Rob said the fact that you all figured out who he was is amazing, most people can't figure out who the person that supplied the drugs was. So many people use, I can't remember the statistics of the top of my head but I know it is very high, and most go on to survive to get high another day. I am sure he wasn't thinking, I will give DSS this and he will die. I know it this doesn't help in anyway, but I just wanted you to be prepared to find out he didn't serve five years. He also has the possibility of asking for a retrial, they have a set number of times they can ask for an appeal. Those appeals are at the states expense, by the way and they clog up the system even more.
I hope this young man gets help. I hope that he sees and understands what he has done and that he changes his way of life/thinking. I hope that none of this was in vain but I know the system is very faulty. You, DH, your family and all those touched by DSS are in my thoughts.. Nothing can make up for what happened. Life in prison wouldn't have taken away the pain.
(((BIG HUGS KATHY)))
Newspaper this morning....
Man sentenced in overdose death of teen
BY JAMES HAGGERTY STAFF WRITER
01/05/2006
A Jessup man who sold morphine patches to a Valley View High School senior who died of an overdose was sentenced Tuesday in Lackawanna County Court to five years in prison.
Judge Vito Geroulo technically sentenced Anthony Lyon, 21, formerly of Jessup, to 2� to five years in state prison, but said he would object to any parole before the full term is served. He also placed Mr. Lyon on five years probation after his prison term following Mr. Lyon�s guilty plea to a drug delivery charge.
Mr. Lyon was among eight people charged with drug crimes in November 2004 resulting from a county grand jury investigation into the death of Joshua D. XXXXXX, 18, who died at his home at XXXXXXXXXXXXXX, on Dec. 13, 2003.
Mr. XXXXXX purchased two fentanyl patches for $30 each from Mr. Lyon, who had a prescription for the medication, according to the grand jury report. He opened the patch, used a straw to suck out the gel inside and passed out, the report said. He died shortly after he was transported by ambulance to Mid-Valley Hospital in Peckville.
The patch is a powerful painkiller frequently used by cancer patients, according to the National Institutes of Health. It is supposed to be a time-release device, administering fentanyl through the skin over several days.
Mr. Lyon, who has been in custody since his arrest, was initially charged with drug delivery resulting in death. However, that charge was dropped in return for his plea in which he acknowledged the delivery resulted in a death.
Mr. XXXXXX and an underage friend bought the patches from Mr. Lyon the day of Mr. XXXXXXX death, the grand jury reported. He was apparently alone in his room when he ingested the drugs and was found by relatives.
Contact the writer: jhaggerty@timesshamrock.com
The Times-Tribune 2006
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More Hugs Kathy!!!
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