April 24, 2023 at 10:58 a.m.
Prison sentence imposed in fentanyl overdose death case
Schiek: 'This problem with overdoses in our community, our state, in the United States, has become a pandemic'
Prison sentence imposed in fentanyl overdose death case
Jones is one of two individuals charged with delivering the substance that ended Polinski's life.
Through sobs, Blamberg told Judge Mary Burns that the memory of what she witnessed that April day will be with her for the rest of her life.
"No parent should ever have to find their child like that," she said, adding that her entire family has been devastated by the loss of Kyle.
"I'm so sorry for your pain," Burns responded. "As a mother, I can't imagine losing a child like that."
Burns ultimately followed the joint recommendation of Oneida County district attorney Mike Schiek and defense attorney Paul Augustyn and sentenced Jones to 3 1/2 years incarceration to be followed by eight years of extended supervision.
Pursuant to a plea agreement, Jones pled guilty to first-degree reckless homicide-drug delivery (as party to the crime) as well as possession of narcotics and schedule IV drugs with intent to deliver.
Jones was scheduled to stand trial starting on April 24. He entered the pleas rather than go forward with a jury trial.
Notably, as part of the agreement, he has agreed to testify truthfully should his codefendant, Jasmine Lariviere, 24, of Rhinelander, take her case to trial.
Jones and Lariviere were charged with reckless homicide, as party to the crime, last September after toxicology results showed Polinski died from fentanyl toxicity.
"These allegations go back to a death that occurred in April of (2022)," Schiek explained during the pair's initial court appearances in September. "We were waiting for the autopsy report to come back (and) it has now come back. I did talk with the forensic pathologist (and he indicated) the cause of death was fentanyl toxicity."
Fentanyl is a synthetic opioid analgesic 50 to 100 times stronger than morphine.
"We also have the test results back from the substance that was located next to the victim as well as some technology information that addresses placement of the two co-defendants with their phones in close proximity of his house," the prosecutor added.
Shortly after Polinski died, police received information indicating a crime may have occurred and that Jones and Lariviere might have been involved. Law enforcement later obtained a warrant to place a GPS device on the couple's vehicle and track their movements.
The two were arrested in early May 2022 following a traffic stop. At the time, they were under bond and/or probation conditions prohibiting them from having any contact.
Various amounts and types of illicit substances were found in the vehicle during the traffic stop, including pills located inside Lariviere's purse. According to the complaints, the pills matched the description of the pill Lariviere and Jones told police they delivered to Polinski. The pills were sent to the state crime lab for testing and came back positive for the presence of fentanyl, according to the complaint.
According to testimony during Jones' preliminary hearing, Jones and Lariviere purchased what they were told were Percocet pills from a contact outside of the area and traveled to Oneida County to deliver one of the pills to Polinski.
The police interviews indicate Jones and Lariviere believed the pills were Percocet but were aware that there were "fake Percocet" pills circulating at the time.
In their sentencing arguments, both Schiek and Augustyn noted that the proliferation of drugs in this area, and across the state and country, is resulting in tragic outcomes like what happened in this case.
"This problem with overdoses in our community, our state, in the United States, has become a pandemic," Schiek said.
"As far as gravity of the offense, this is as serious as it gets," he added.
Schiek stressed that Jones and Lariviere were arrested just weeks after Polinski's death with a significant amount of drugs in their vehicle, indicating the death did not hinder the continued circulation of illicit substances.
"Even though they knew about the death of Mr. Polinski they continued to bring drugs into the community," he said.
"We want this to be a deterrent for the community," he added. "People that are watching this that are in the position Mr. Jones is in or was in, they'll know if there is an overdose we'll prosecute the best that we can and seek prison sentences."
He also noted the joint recommendation is consistent with past sentences handed down in Oneida County related to overdose deaths.
In his statement, Augustyn noted that Jones took responsibility for his actions by pleading guilty, sparing the family the agony of a trial.
"This is a tragic loss of a human life and when something like this happens it's natural to look for someone to blame, someone to point fingers at and there's a lot of places to point fingers," he said.
"Mr. Jones is one of them, and he's accepted responsibility for his role in this, but he's not the entire culpable party here."
Augustyn noted that Lariviere's case is still pending and also stated U.S. border policy has allowed fentanyl to proliferate across the country.
"Nothing can bring Kyle back" but the joint recommendation would result in a modicum of justice, he added.
Given his chance to speak, Jones declined to address the court.
In pronouncing sentence, Burns focused on the fact that Jones continued to sell drugs just two weeks after learning of Polinski's death.
"It's very serious that you continued to sell drugs after Kyle had died from drugs that you sold him," she said. "There's a huge drug problem not just in this county but all over the state," she continued, noting that she is hopeful that within the next year Oneida County will have a drug court.
"I hope that you will see that these sort of crimes are no way to live," she told Jones, adding that the terms of the plea agreement are such that a much longer prison sentence will likely be ordered should he falter while on extended supervision.
Jones will receive credit for 353 days already served.
LaRiviere is due back in court June 16 for a final pretrial conference. A three-day jury trial in her case is set for mid-July.
After the hearing, Blamberg told the River News she wants this case to be an "example" so that other families do not have to experience the pain her family continues to endure.
Heather Schaefer may be reached at [email protected].
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