January 29, 2014 at 5:33 p.m.
10-year prison system sentence ordered in heroin overdose case
10-year prison system sentence ordered in heroin overdose case
Jennifer Heiting, 27, of St. Germain, was sentenced Wednesday in Oneida County Circuit Court to four years in prison, followed by six years of extended supervision. Heiting has been incarcerated since Dec. 11, 2012 and has 415 days of credit to apply to the sentence. Last October she entered no contest pleas to felony counts of possession of narcotic drugs and first-degree reckless homicide for providing the heroin that is alleged to have caused the death of 29-year-old David Stahl.
In crafting his sentence, Judge Michael Bloom said he tried to strike a balance between Heiting's punitive and rehabilitative needs. Oneida County District Attorney Mike Schiek recommended a six-year prison term and nine years of extended supervision.
"It seems it was just a matter of time before something this serious happened," Schiek said, referencing Heiting's history of drug abuse which goes back to age 12, according to the presentence report. "I understand Mr. Stahl had substance abuse problems of his own but to me that doesn't make a difference."
Stahl's father was in the courtroom Wednesday and chose not to make a statement, but Schiek noted his presence and the fact he has followed the case from the beginning.
"He's been deeply affected by this. He's a concerned parent. He doesn't want something like this to happen to someone else," Schiek said.
"She (Heiting) can talk the talk right now but when she gets out of prison what will change?" Schiek added. "There's no doubt in my mind that once she's released there will be the temptation to take drugs again. If you are in this game long enough, something horrible is going to happen, if not to you, then someone else. This is as sad as it can get. This is the message we want to send to people. If you get involved in drugs, this is what could happen."
Heiting's attorney, Alec Nocco, asked for two years of prison and six years of supervision. He said while in custody Heiting has achieved a level of insight into her drug addiction she has never had before.
"The Jennifer Heiting sitting in front of you today is not the same Jennifer Heiting described in the police reports," he told the court.
Nocco said his client experienced some relief when she was arrested and knew she was on an unsustainable path. She's now been sober for more than a year.
"This is the first time she's been sober since age 12," Nocco said. "In the past with treatment she expected other people to cure her. Now she understands it's on her. If you give her a chance to succeed, I think she'll take it."
Nocco said his recommendation of two years of prison would take into account his client's remorse and willingness to change while not diminishing the seriousness of the offense.
"The gravity is severe, but I also agree with much of what Mr. Nocco said on what your situation is now and what we can be hopeful for in the future," Judge Bloom said to Heiting. "I hesitate to say optimistic, but I am optimistic that one day you'll get beyond your addiction and will be a success story. I think you're capable of that. Only time will tell. But because of the gravity of the offense, probation is not appropriate. Your long-term drug use came to a head with this incident and cries out for a punishment."
Bloom ordered a prison term less severe than the state's recommendation but longer than what the defense asked for. Bloom said just the presence of heroin in any criminal case makes the offense aggravated because of how addictive the drug is.
"Somebody who gets addicted to opiates creates a lifelong struggle for themselves others can't comprehend," Bloom said. "The other aspect besides turning someone into a junkie is it kills people. Any offense involving heroin is something that has to be taken very seriously by a community and the court system."
Heiting was arrested in December 2012 following an investigation prompted by the suspected heroin overdose death of Stahl at his town of Crescent home. Heiting initially faced only drug charges but was later charged with first-degree reckless homicide when autopsy and toxicology results indicated that Stahl died of a heroin overdose. The criminal complaint states that, when interviewed by law enforcement, Heiting admitted to arranging the delivery of a package of heroin via FedEx to Stahl's residence the morning of Dec. 8, 2012. Heiting said the package contained approximately 30 bindles of the drug and she gave two bindles to Stahl for accepting the delivery.
When Stahl's body was discovered two days later, investigators found two empty bindles with trace amounts of heroin on a bedside table. The criminal complaint alleges that Heiting had been scheduling regular shipments of heroin through a source in Illinois.
Heiting addressed the court Wednesday. She said she was willing to accept whatever sentence the court imposed but wanted it known that she's ready to beat her drug addiction permanently. She also apologized to Stahl's family and said she didn't fully understand the consequences of her drug addiction until he died.
"He was a friend. I think about him everyday," Heiting said. "Sadly, it was also the best experience for me because it got me sober," she added. "I never want to go back to that place. My life was saved the day I got arrested. I fully intend to do everything I can to stay healthy and sober."
Heiting's co-defendant in the matter, Richard Lewis, 28, was also charged with first-degree reckless homicide. He accepted a similar plea deal from the state and is scheduled to be sentenced Feb. 27.
Kyle Rogers may be reached at [email protected].
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