Witness stories on drug purchase differ

By TED SULLIVAN   Saturday, Aug. 14, 2010
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David Givhan

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Luc Marsh

— Two women testified in Rock County Court on Friday that they were with the Milton man who died of a heroin overdose when he bought drugs, but they offered different stories about what happened and could not say what dose killed him.

Carly Millis and Jennifer Brennan, both currently in the Rock County Jail, testified against David W. Givhan, 24, Beloit, who is charged with first-degree reckless homicide in the March 2009 overdose death of Luc A. Marsh, 29. Marsh was found dead in a bathroom at the Edgerton hospital where he worked.

Givhan was bound over for trial and stood mute to the charge after the women testified at the preliminary hearing. Court Commissioner Stephen Meyer entered a not guilty plea for Givhan.

Marsh’s phone records and text messages led investigators to people involved in the heroin deal, according to the criminal complaint. Witnesses to the heroin buy then cooperated with investigators.

Millis, wearing orange jailhouse coveralls, testified she received text messages about buying heroin from a friend. She then met Marsh and Brennan at Family Dollar in Beloit.

Millis testified she received $180 from Brennan, Marsh and a third woman. She said she drove to a Beloit home to meet Givhan and buy heroin. She said the vehicle with Brennan and Marsh followed her.

But Brennan, wearing a brown jailhouse jumpsuit, testified she didn’t remember if they bought the heroin at the Family Dollar parking lot or got it at a second location.

After the drug buy, Brennan testified she and Marsh went to Janesville and injected the heroin, but she was unsure whether Marsh used additional heroin from a different source later that day.

She said she thought the heroin that killed Marsh was the same heroin they bought in Beloit because Marsh did not have money for more drugs.

Both witnesses testified to using heroin that day.

Millis said her memory of the drug deal was cloudy. She said she didn’t remember what day it was, what time of day it was or what street she was on when she bought the heroin.

Givhan’s defense attorney, Jack Hoag, asked Millis if she was offered a plea agreement in her own drug case if she testified against Givhan.

Millis said no promises were made, but she knew cooperating would help.

People supporting Givhan and Marsh were in the courtroom.

Givhan was charged about 15 months after Marsh’s death. He remains jailed on $100,000 bond.

reader COMMENTS
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(16)
cub_hunter
Aug 16, 2010 at 4:24 p.m.
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do u arrest the gun dealer when someone is shot? i also dont agree with this but this drug is so bad that anyone involved should get something out of it. this drug is getting way out of hand and i am getting scared of my children getting involved in the future. they are still young and very well supervised but i know good kids that turned bad right under their parents nose. maybe if the consistences are to the extreme people might think twice before dabbling with this stuff.

zdog
Aug 16, 2010 at 8:26 a.m.
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unless a person is tying somebody up and shooting them full of drugs, how can you charge them with murder or think it's appropriate? he sold drugs, a crime, it's not murder nor should it be.

gonzo
Aug 16, 2010 at 5:29 a.m.
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youre right ghostryder. for "CHOOSING to sell drugs" (is this an homage to eyster?) he should be charged with CHOOSING to sell drugs. thats a crime. distributing opiates is a crime. a felony. a serious crime. thats what he deserves. but not homicide. dont you people get it?

ghostryder
Aug 15, 2010 at 12:48 p.m.
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He gets what he deserves for CHOOSING to sell drugs instead of working hard in life like the rest of us, and ALL people like him who choose to do things like this should have ALL their state "gifts" taken away like medicaid, WIC, etc. Nothing like making money off of addicts and supporting terrorism.

prevention
Aug 15, 2010 at 12:23 p.m.
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I ask, isn't this the kid that claimed he was part of a Chicago gang that is a federal crime to be a part of? Then, he gets caught with having sold drugs that resulted in a death? Sure, it was the guy's choice to buy and use AT or just before work, but how'd he get the drugs?

gonzo
Aug 15, 2010 at 11:13 a.m.
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every prison drug rehab program that is available to murderers is going to be available to people doing time for distributing heroin. probably even more opportunities if the prisoner is held as a non violent offender as opposed to a murderer. distorting the definition of homicide accomplishes nothing

Phillip2020
Aug 15, 2010 at 9:35 a.m.
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This is possibly not the only person that David W. Givhan has indirectly murdered.

SarahB1
Aug 15, 2010 at 4:09 a.m.
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areyoueventhinking: Are you referring to drug users or drug dealers in your comment? I agree that drug rehab (and I am not speaking exclusively about rehab provided by the correctional system) is the best chance for a user to get clean and get introduced to a lifelong program for recovery. However, a great percentage of the dealers are NOT users. Do users also sell their goods. Yes, sometimes, but only to get an inflated price on it to purchase more of the substance. Other than that, most users (who have developed addiction) make lousy dealers because they use up most of their supply themselves.

SarahB1
Aug 15, 2010 at 4:01 a.m.
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I don't agree with this law at all. Is its intent to eliminate or slow drug sales? It's not happening. As soon as one source is jailed, another one is found. Is the law to rehabilitate the dealer? Adult jail and/or prison rarely accomplishes this. Is the law in place to get another dealer off the streets? It accomplishes that but at a high price to the rest of us ... is it worth this much or even reasonable to lock these people up for years? Not really (IMO). Another reason I object to this law ... it removes the personal responsibility of the user. Do I have another answer to this mess? Not really, but I think somewhere there has to be a middle point between charging/convicting nonviolent drug dealers with murder and legalizing the sale and use of these substances. The war on drugs is not working.

areyouevenlistening
Aug 15, 2010 at 3:58 a.m.
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Hey Gonzo, I know people that have gone through the prison system drug rehab program and have come out totally different people (for the better) The system doesn't always fail! The Len Bias law is there for a reason, and this guy is the reason that its considered murder, therefore he deserves to be locked away! > Period end of story!

JTaylor
Aug 15, 2010 at 3:58 a.m.
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If the dealer goes to jail for murder, then why don't the females? They helped get it, most users don't inject it themselves. They have someone help cause if you know anything about that drug, once it hits you you're pretty out of it. I'm tryin' to figure out why the females are not charged also. Only seems fair. Oh yeah, because they "helped" out on the case. From the looks of it, they did more damage to the case then helped.

gonzo
Aug 14, 2010 at 9:52 p.m.
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doc has a lot of faith in the rehabilitative capabilities of prison. personally i'd never want to run into a former non-violent offender after he's spent a good chunk of his life in prison on a murder charge. he's likely to actually be dangerous after that

browntown96
Aug 14, 2010 at 9:36 p.m.
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Not suprising their stories differ, how can you expect a drug user, or anyone using heroin to get the details right. I can only imagine how proud the parents of these kids are at this time.

doc0430
Aug 14, 2010 at 9:19 p.m.
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Windy- The Len Bias law is exactly the reason why Gavhan is being charged here, if you sell drugs to someone and they die using them then you are charged with murder! What part of that law doesn't apply here? It makes no difference where he worked how can you say it was someone else's fault here? The women testifying here will hold little to no credibility in this case as they to were using drugs and thats probably the reason they may not be able to remember all of the details of that day. I say let him go to prison and hopefully he can get into a program that will help him to understand why is there and that the blame is rightfully on him and maybe he can change his life for the better for when he returns to society.

windy
Aug 14, 2010 at 5:54 p.m.
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I understand the Len Bias (sp?) law in some circumstances. But this is not right. He chose to buy and use herion before going to WORK at a HOSPITAL and this is someone else's fault? The dealer didn't inject him. It just doesn't sit right with me.

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