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Osinski won’t get revised sentence

ELKHORN — A Walworth County man convicted in connection with the 2006 drug death of an Elkhorn woman will not have his sentence re-evaluated, a judge ruled Friday.

Devis K. Osinski, 45, of Pell Lake, was sentenced in November 2008 to 11 years in prison and 13 years probation on two counts of delivering heroin, one count of felony bail jumping and one count of misdemeanor failure to aid a victim.

A reckless homicide charge was dismissed because investigators couldn’t prove the heroin taken by Rebecca Monroe when she overdosed was the same heroin she got from Osinski.

In a Friday hearing seeking sentence modification, Osinki’s attorney Edward Hunt said his client had an unfair and inaccurate hearing that led to what he called an excessive sentence.

Hunt said the victim’s family presented “inflammatory” and “emotional” arguments that led the court to consider a heavy sentence for his client.

Hunt said his client could have received a lighter sentence similar to sentences received by co-defendants.

Deputy District Attorney Joshua Grube said the victim’s family had the right to appear before the court and say how their lives were impacted by the defendant.

“There is nothing on the record saying you made your sentence based predominantly on what they said,” Grube told Judge John Race, who originally sentenced Osinski. “This sentence is certainly not so excessive, or so unusual or disproportionate to shock public sentiment."

Osinki’s sister, Ladine L. Osinski, 39, of Pell Lake, and their supplier, Jermal A. Johnson, 38, of Zion, Ill., also were charged with reckless homicide, but as part of plea agreements in both cases, the reckless homicide charges were dismissed.

Johnson was sentenced to five years in prison on a charge of party to delivery of heroin.

Hunt said his client should have been given a similar sentence as Johnson because the attorney said they were in similar circumstances.