A Lake Geneva man has been charged with reckless homicide for allegedly helping provide the fentanyl that killed a Delavan man in September, according to a criminal complaint filed Tuesday in Walworth County Court.
Prosecutors charged Andrew C. Hayes, who turns 34 on Wednesday, with party to first-degree reckless homicide for his role in the death of Kyle W. Baar, 36, of Delavan.
Delavan police on Sept. 22 responded to 213 Vine St. and found Baar dead from an apparent drug overdose, according to the complaint. Family members told police Baar had substance abuse problems years ago, but they thought he had been clean for the last few years.
Police later received a tip from a source who said Baar told the source that he had relapsed and used heroin, the complaint states.
Sept. 21 text messages between Baar and Hayes show they discussed buying and selling drugs. Some messages referenced cocaine, and others were about what was likely Suboxone, according to the complaint.
On Dec. 7, police spoke to Hayes, of W1119 Trieste Road, who said he and Baar used a dealer called “Wheez” in Milwaukee, according to the complaint.
Hayes said Baar picked him up Sept. 21 and they met “Wheez” in Milwaukee, where Baar gave the dealer money for about a half-gram of heroin.
Hayes and Baar then went to a different spot, where they injected heroin after Hayes gave Baar a needle, according to the complaint. Then they went to Delavan.
The two split the remaining heroin.
After Hayes heard Baar died, he called “Wheez” to tell him his drugs were laced with fentanyl, according to the complaint. Hayes regularly used heroin, so he said he could tell when heroin had fentanyl in it.
He said he had warned Baar to be careful.
The medical examiner’s office concluded Baar’s cause of death was opioid intoxication, the complaint states.
Reckless homicide charges in overdose death cases can be difficult to prove, prosecutors have said. Of the 14 overdose deaths in Janesville in 2017, none led to prosecutions. However, a reckless homicide charge filed in December was connected to a March 2018 death.
Hayes told police he was a daily heroin user who took Suboxone when he could not get heroin. He said Baar had been clean for a few months before his death after using Suboxone to control his withdrawal symptoms, the complaint states.
A Drug Enforcement Administration agent investigated “Wheez” or “Wheezy,” who recognized Hayes and Baar and said they were customers of “Nesta,” who is Earnest Jackson, according to the complaint. “Wheezy” told police Jackson had sold heroin to Hayes two days earlier.
Online court records show several drug and other charges were filed in Milwaukee County Court against an Earnest D. Jackson of Milwaukee. Prosecutors filed the charges Dec. 14, which was close to the day Hayes’ Walworth County complaint says the agent spoke with Jackson.
Hayes has already posted the $1,000 cash bond Judge Phillip Koss ordered for him Tuesday, court records show.
Under conditions of his bond, Hayes must live with his parents and cannot contact Jackson or Baar’s family.
Baar, who was born in Elkhorn, had a daughter, five siblings and many nieces, nephews, aunts, uncles and cousins, according to his obituary.
He was a union operator with Local 139 and a chef at Someplace Else in Elkhorn, along with other local restaurants.
He liked cooking, woodworking, golfing and animals.
Hayes is due in court for a preliminary hearing at 3 p.m. March 11.