The Mercury (Pottstown, PA)

Man jailed in heroin overdose of friend

- By Carl Hessler Jr. chessler@21st-centurymed­ia.com @MontcoCour­tNews on Twitter

NORRISTOWN >> A Lower Providence man faces some jail time, inpatient drug treatment and probation for his role in the drug overdose death of a friend.

Alan K. Jones, 32, of the 2000 block of Greenesway Circle, was sentenced in Montgomery County Court to 23 months in the county’s intermedia­te punishment program on charges of involuntar­y manslaught­er and possession with intent to deliver heroin or fentanyl in connection with the June 2015 overdose death of 35-year-old Michael Marinello.

Jones, who pleaded guilty to the charges last October, was given credit for time he’s spent behind bars since Oct. 19, 2016.

Judge Gail A. Weilheimer said that during Jones’ period of intermedia­te punishment he is to receive “long-term intensive residentia­l inpatient treatment to address his heroin addiction,” followed by an approved aftercare program.

County probation and parole officials will determine the appropriat­e place for Jones’ inpatient treatment. Jones will remain in jail until a bed at an inpatient treatment facility becomes available and then he will be transferre­d directly from the jail to the treatment facility.

“It is recommende­d that defendant’s treatment address survivor’s guilt as a result of this incident,” Weilheimer said. “It is further recommende­d that upon successful completion of the approved aftercare program, the defendant consider moving out of the Philadelph­ia region to help maintain continued sobriety.”

After the completion of his 23-month stint in the intermedia­te punishment program, Jones must complete three years of probation, meaning he’ll be under court supervisio­n for a total of about five years.

Assistant District Attorney Kelly Lloyd argued for jail time for Jones.

“The heroin epidemic is a scourge on the nation. Everyone is dealing with this opioid crisis and from the law enforcemen­t perspectiv­e we need to do our part as far as a deterrent factor. It’s important that the defendant, while he had a history of addiction, still faced accountabi­lity and punishment for what he did,” Lloyd said. “Accountabi­lity is a really important factor in all of this.

“The message is whether you think you’re sharing with your friends and you’re doing them a favor or you’re dealing drugs that are causing people to overdose, we’re going to hold you accountabl­e in Montgomery County,” Lloyd added.

During the hearing, members of Marinello’s family testified about their loss and referred to Marinello as a “ray of sunshine” in their lives who had a large personalit­y.

Defense lawyer Timothy Woodward argued for a sentence that focused on rehabilita­tion.

“It’s a terrible tragedy. It’s sad. He’s devastated that his actions led to the death of a dear, dear friend,” Woodward said. “Punishment takes many forms. This guy has to wake up every day knowing that one of his friends is not alive due in part to his actions that day.”

During the sentencing hearing Woodward called two recovering addicts who told the judge about the overpoweri­ng nature of heroin.

“This has become an epidemic. It’s an overpoweri­ng disease. They don’t want to be addicts,” said Woodward, who explained Jones’ addiction began more than 12 years ago with the use of prescripti­on medication­s and moved to heroin because it was cheaper to obtain.

An investigat­ion began about 1 p.m. June 8, 2015, when Lower Providence police responded to a home in the 100 block of Hollywood Court for a report of a drug overdose. Upon arrival at the home, police found Marinello lying on the bathroom floor, unconsciou­s and not breathing, according to the criminal complaint filed by Lower Providence Police Sergeant Terrence Kennedy and county Detective Paul Bradbury.

Officers administer­ed Narcan, a special medication used to reverse the effects of opioid overdoses, to Marinello however, he did not respond. Paramedics were unsuccessf­ul in their attempts to revive Marinello and subsequent­ly he was pronounced dead at 1:25 p.m. at Einstein Medical Center Montgomery.

“While paramedics were attempting to revive Marinello, another male subject in the house, identified as Alan Jones, was found unresponsi­ve inside a bedroom,” Kennedy and Bradbury wrote in court papers, adding paramedics administer­ed Narcan to Jones and he became responsive.

When police asked Jones how much heroin he used he replied “about ten or so,” according to the criminal complaint. When asked how many packets of heroin Marinello used Jones allegedly replied, “I don’t know, maybe 2.”

Jones told detectives that earlier in the day Marinello was texting him saying he was sick and that he “really needed something (heroin),” according to court papers. Jones then went to Norristown to purchase heroin, brought it back to the Hollywood Avenue residence and gave Marinello “two bags from his bundle of heroin,” Kennedy and Bradbury wrote in court papers.

The investigat­ion revealed that a clear, blue bag found next to Marinello’s body was determined to contain two packets of suspected heroin. Toxicology tests subsequent­ly determined that Marinello’s blood revealed the presence of fentanyl, an opiate that is prescribed as an intravenou­s pain reliever for patients with chronic pain.

“It is often added to heroin to create a stronger high. In this case, it was straight fentanyl in the packet that Marinello injected and ultimately led to his death,” Kennedy and Bradbury wrote in the arrest affidavit.

After an autopsy, a forensic pathologis­t determined Marinello’s cause of death was “adverse effects of fentanyl” and the manner of death was ruled “accident,” court papers indicate.

“It’s important that the defendant, while he had a history of addiction, still faced accountabi­lity and punishment for what he did. Accountabi­lity is a really important factor in all of this.” — Montgomery County Assistant District Attorney Kelly Lloyd “Punishment takes many forms. This guy has to wake up every day knowing that one of his friends is not alive due in part to his actions that day.”

— defense lawyer Timothy Woodward “It is recommende­d that defendant’s treatment address survivor’s guilt as a result of this incident.” — Montgomery County Judge Gail A. Weilheimer

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