Heroin supplier to spend six years in prison

By GAZETTE STAFF  Friday, May 2, 2008
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— The first person in Walworth County convicted of homicide by delivering drugs will spend six years in prison, a judge decided Thursday.

Michael E. Flaherty, 27, Burlington, pleaded guilty to reckless homicide March 5 in the death of his best friend, Joseph William May. He was convicted of supplying the heroin that contributed to May’s overdose March 18, 2007.

Flaherty told a police informant May died in his basement apartment after drinking “almost a whole bottle” of rum and shooting up “like three times,” according to the criminal complaint. Flaherty then sold $60 worth of heroin to the informant, the complaint said.

Flaherty faced up to 40 years in prison and extended supervision under the Len Bias law, named after a University of Maryland basketball star who died from a cocaine overdose in 1986.

But Phil Koss, Walworth County district attorney, said he was pleased with Flaherty’s sentence of six years in prison and seven years extended supervision.

“Clearly, even the victim’s family realizes (May) bears some of the responsibility, that he didn’t come into this completely innocent, being a heroin user himself,” Koss said.

He noted Flaherty was cooperative in the investigation, expressed remorse and had no prior record.

Still, the seriousness of the charge required some prison time, Koss said.

“I hope it sends a deterrent to others,” Koss said. “I don’t think anyone intends to do this, but obviously it’s so dangerous that some price that has to paid.”







reader COMMENTS (5)
DanHartung
May 2, 2008 at 2:45 p.m.
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Every case is different.
.
Among other things the guy in Fond du Lac was two steps away from the victim -- he gave the drugs to someone who gave them to someone else who gave them to the victim. On the other hand, that last person only received probation.
.
There are Wisconsin sentencing guidelines. The commission which monitored their implementation, however, has just been abolished (as of Thursday, actually; they met for the last time a year ago).
http://wsc.wi.gov/

thekid3477
May 2, 2008 at 12:48 p.m.
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ms_sassy you always have good comments. well thought out and logical. unfortunately if yer lookin for consistency from uncle sam...ummmm youll be lookin for a while:)

ms_sassy_wi
May 2, 2008 at 12:10 p.m.
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oops. the link didn't show up as a link for some reason.

I'm trying again...

http://hosted.ap.org/dynamic/stories/W/W...

ms_sassy_wi
May 2, 2008 at 12:08 p.m.
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I wish there was some consistency in the sentencing practices. There is another article in today's news where a man was sentenced to 1 year in jail and 5 years probation for a meth overdose case. (see link)

Man sentenced to a year in Campbellsport man's drug death

Nothing will change until the sentencing adequately fits the crime. I agree with the District Attorney in this case: the person who died did so as a direct result of his own actions; however, the fact still remains that the heroin was obtained through the defendant.

In other cases the punishment is merely a slap on the wrist and doesn't change behavior or cause acknowledgment/remorse that they did something wrong.

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