Guilty verdict in fatal overdose
NORRISTOWN »
A former Pottstown man showed no emotion as a Montgomery County jury convicted him of delivering a fatal dose of fentanyl to a borough woman who prosecutors said believed she was receiving heroin.
The jury of seven men and five women deliberated nearly five hours Friday before convicting Harold Robert Burton of charges of drug delivery resulting in death, delivering fentanyl and
criminal use of a communication facility in connection with the Jan. 29, 2016, overdose death of Renee Winslow of Pottstown.
The jury acquitted Burton, 38, formerly of the 400 block of Spruce Street, of a single charge of recklessly endangering another person.
Judge Steven T. O’Neill, who presided over the trial, deferred sentencing so that court officials can complete a background investigative report about Burton.
Burton, whose most recent address was along West Ellet Street in Philadelphia, will remain in the county jail without bail while awaiting sentencing. Burton faces a possible maximum sentence of 20 to 40 years in prison on the drug delivery resulting in death charge.
As the verdict was announced, relatives of
Winslow, who attended the three-day trial, wept.
During her closing statement to jurors on Friday, Assistant District Attorney Kelly Lloyd argued Winslow thought she purchased heroin from Burton when in fact Burton delivered pure fentanyl, a synthetic opioid that is 40 to 50 times stronger than street-level heroin.
“She had no idea what she was putting into that needle, that what she was injecting into her body was that strong,” Lloyd argued to the jury. “She didn’t know that it was fentanyl.”
Lloyd argued a text message reading “U ok” that Burton sent to Winslow at 11:53 p.m. Jan. 28 after delivering the fentanyl is evidence that he was Winslow’s drug supplier.
“He knew what he gave her was stronger than what she was used to,” Lloyd argued.
Additionally, Lloyd argued, detectives obtained video surveillance footage showing
Burton entering Winslow’s apartment, staying less than 60 seconds before departing, just hours before Winslow was discovered dead from the overdose.
Burton, who also once resided in the 100 block of North Adams Street in Pottstown, did not testify during the trial.
But defense lawyer Carrie L. Allman argued prosecutors did not have sufficient evidence to prove Burton delivered the drugs to Winslow.
“Mr. Burton did not give fentanyl to Miss Winslow. Not a single witness could say, ‘I saw a drug transaction,’” Allman argued to jurors during her closing statement on Friday. “I don’t know where she got the drugs but it wasn’t from Harold Burton.”
Allman downplayed the significance of the text message and video surveillance that Lloyd mentioned to the jury.
Testimony revealed that in a recorded phone conversation Burton
made to a girlfriend from the county jail on June 22, 2016, the day after his arrest, he admitted he went to Winslow’s apartment but said it wasn’t to deliver drugs. Burton, according to testimony, told his girlfriend that Winslow had been “badgering” him via text message and that he went to her apartment to tell her to stop.
“Him being present is no evidence that he gave her drugs. He went there to tell her ‘No.’ Mr. Burton did not deliver her drugs,” Allman argued, suggesting Winslow got her drugs from someone other than Burton.
An investigation began about 5:52 a.m. Jan. 29, 2016, when Pottstown police responded to a report of an unresponsive person at an apartment in the 500 block of High Street. Arriving officers found a deceased female, who subsequently was identified as Winslow.
Investigators suspected
Winslow died as a result of a heroin overdose after they observed and recovered from the floor, in close proximity to Winslow’s body, three purported bags of heroin, and a needle recovered from atop a dresser, according to the criminal complaint filed by county detectives.
An autopsy determined Winslow died from an “adverse effect of fentanyl.” Prosecutors alleged lab tests on the three bags found in Winslow’s apartment revealed all the bags contained fentanyl.
Detectives obtained the victim’s cellphone records and uncovered alleged “drug-related text message” conversations with Burton. Detectives determined Winslow, on Jan. 28, agreed to purchase four bags of purported heroin and that her supplier agreed to deliver the drugs to her at her residence, according to the criminal complaint.
Investigators alleged a
review of cellphone and cell tower records indicated Burton was in the vicinity of Winslow’s residence at or around the time of the alleged drug sale.
Video surveillance footage obtained from the vicinity of Winslow’s apartment showed Burton in and around the residence at about 10:46 p.m. Jan. 28, according to the arrest affidavit. Specifically, detectives alleged, Burton was observed entering Winslow’s apartment, remaining inside for a short period of time and then departing.
Winslow’s body was discovered by her boyfriend when he arrived home about 5:48 a.m. Jan. 29.
Detectives alleged a review of video surveillance footage showed that between the time Burton left Winslow’s apartment and the time Winslow’s boyfriend arrived to find her dead, no one else had entered or exited the apartment.