Give Heroin to Friend; Friends Dies; You do 6 Years

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Leonardtown Man Sentenced to Six Years in Prison for Distribution of Heroin that Resulted in the Death of a Friend

GREENBELT, Md. (Aug. 25, 2015) -- U.S. District Judge Theodore D. Chuang sentenced Joshua Scott Schellhase, age 31, of Leonardtown, Maryland today to six years in prison followed by three years of supervised release for distribution of heroin. A close friend of Schellhase died as a result of using the heroin distributed by Schellhase.

The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; and St. Mary's County Sheriff Tim Cameron.

According to his plea agreement, during 2012 Schellhase was close friends with an individual with whom Schellhase used heroin or other opiates on a daily basis. Schellhase and the individual would provide heroin to each other as they were able to obtain it.

On October 11, 2012, the individual contacted Schellhase by text message and Schellhase agreed to give the individual some heroin that Schellhase had recently purchased. During the early evening, Schellhase drove to a residence in Callaway, Maryland. The individual came out of the house and Schellhase gave the individual a small amount of heroin and two cigarettes. The individual went back into the house, went into the bathroom and ingested the heroin he had received from Schellhase. About 15 minutes later, the individual's girlfriend knocked on the bathroom door, but received no response. She opened the door and discovered the individual slumped over and non-responsive. Emergency medical personnel were called and attempted to revive the individual, but the individual died.

The cause of death was determined to be morphine intoxication. The victim died as a result of ingesting the heroin provided by Schellhase.

United States Attorney Rod J. Rosenstein praised the DEA and St. Mary's County Sheriff's Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Deborah A. Johnston and Leah J. Bressack, who prosecuted the case.
 

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officeguy

Well-Known Member
Thats kind of silly. Just another junkie, hardly the big time dealer the feds should concern themselves with.
 

Chasey_Lane

Salt Life
I don't agree with this sentence one bit. Does this now mean that every person who ODs from drugs given by someone else -- whether it be a doctor or civilian -- will be under the same scrutiny??
 

GURPS

INGSOC
PREMO Member
great lets clog up the prisons with people giving friends drugs .... whats next beer, wine booze
 

libertytyranny

Dream Stealer
I don't agree with this sentence one bit. Does this now mean that every person who ODs from drugs given by someone else -- whether it be a doctor or civilian -- will be under the same scrutiny??

Unfortunately its a growing movement. I heartily disagree with it, even as I have a family member who is a serious advocate for it after losing her daughter. The intention is not to put away users who are selling to get their fix, but rather to target serious sellers who knowingly sell drugs that are dangerous. However, no one asked that kid to do drugs, it was on him and this guy is no more responsible for his death than anyone else. I think it shifts the responsibility further away from addicts and needlessly puts people in jail. However, my family member (retired detective) will tell you its to have another tool in the chest so to speak when prosecuting individuals and trying to clean up areas.
 

tom88

Well-Known Member
Unfortunately its a growing movement. I heartily disagree with it, even as I have a family member who is a serious advocate for it after losing her daughter. The intention is not to put away users who are selling to get their fix, but rather to target serious sellers who knowingly sell drugs that are dangerous. However, no one asked that kid to do drugs, it was on him and this guy is no more responsible for his death than anyone else. I think it shifts the responsibility further away from addicts and needlessly puts people in jail. However, my family member (retired detective) will tell you its to have another tool in the chest so to speak when prosecuting individuals and trying to clean up areas.

What should happen to a person who facilitates another persons death? What is the difference between a drunk who drives and kills someone and a person who provides heroin to another who dies? Both knew that their actions could result in another persons death. Ask any heroin addict and they will tell you they want to stop because they have seen too many of their friends die.
Where is the personal accountability for ones actions?
 

libertytyranny

Dream Stealer
What should happen to a person who facilitates another persons death? What is the difference between a drunk who drives and kills someone and a person who provides heroin to another who dies? Both knew that their actions could result in another persons death. Ask any heroin addict and they will tell you they want to stop because they have seen too many of their friends die.
Where is the personal accountability for ones actions?

The person requested, and ingested the heroin on their own. If I ask someone for a hammer, then beat myself in the skull with it, I can't see how the other person is to blame. A drunk driver kills an unwilling participant, a drug dealer is providing a product. Different things. I understand how this can be used as a tool for law enforcement, but I think that charging another addict because someone else made a poor decision is just not the way to do it.
 

Chris0nllyn

Well-Known Member
What should happen to a person who facilitates another persons death? What is the difference between a drunk who drives and kills someone and a person who provides heroin to another who dies? Both knew that their actions could result in another persons death. Ask any heroin addict and they will tell you they want to stop because they have seen too many of their friends die.
Where is the personal accountability for ones actions?

The person died. Doesn't get more accountable than that.
 

Booboo3604

Active Member
This also brings up the debate of the fairness of the punishment to this dealer in comparison to his peers.

Seller A sells heroin to Buyer A and Seller B sells heroin to Buyer B.

Buyer A dies from an overdose, Buyer B does not.

Seller A and Seller B are both caught- do they receive the same punishment?

How can you punish Seller A and Seller B differently when the actions by those two people were the exact same, despite the outcomes being completely different? The only difference between the 2 was the actions of the buyers after the fact.

With the way the justice system seems to be working lately, Seller B would be looking at probation at most...
 

tom88

Well-Known Member
The person requested, and ingested the heroin on their own. If I ask someone for a hammer, then beat myself in the skull with it, I can't see how the other person is to blame. A drunk driver kills an unwilling participant, a drug dealer is providing a product. Different things. I understand how this can be used as a tool for law enforcement, but I think that charging another addict because someone else made a poor decision is just not the way to do it.

First, your hammer analogy is just stupid. If a person gets into a car with a drunk driver, they know from their education, that could result in death. It’s been pumped into peoples heads for the last 30 years.
So because a person is an addict, they get a pass on giving someone else a drug which they knew could cause that persons death?
How do you know this person was an addict? Not that it matters to me, he made the choice to go to the person’s house and provide him with a dangerous and deadly drug. I agree with the sentence and hope there are more to come.
 

vraiblonde

Board Mommy
PREMO Member
Patron
For the person who died there is a accountability. Where is the accountability to the person who facilitated the death?

Personal accountability means that you are responsible for your own actions. Kid did heroin, kid died. That's on him . Nobody forced him to do drugs.
 

tom88

Well-Known Member
Personal accountability means that you are responsible for your own actions. Kid did heroin, kid died. That's on him . Nobody forced him to do drugs.

Kid gave kid heroin. Kid died. Giving kid heroin is illegal. When you do that, you risk going to jail if kid dies.
 

Chris0nllyn

Well-Known Member
For the person who died there is a accountability. Where is the accountability to the person who facilitated the death?

From the story, it was his friend. I'm sure he feels somewhat accountable.

Regardless, the person didn't facilitate his death. It's hard to believe, but a couple hundred thousand people (if not more) use heroin on a monthly basis. Another half million a month using pain killers.

No one forces those people to do anything. If you want to talk about personal accountability, then the person using the drug is accountable. It works for drugs like it does for any other situation. Even if you feel like the analogy is "just stupid".
 

tom88

Well-Known Member
From the story, it was his friend. I'm sure he feels somewhat accountable.

Regardless, the person didn't facilitate his death. It's hard to believe, but a couple hundred thousand people (if not more) use heroin on a monthly basis. Another half million a month using pain killers.

No one forces those people to do anything. If you want to talk about personal accountability, then the person using the drug is accountable. It works for drugs like it does for any other situation. Even if you feel like the analogy is "just stupid".

The person who used the drugs is accountable. He’s dead. The person who broke the law by giving him the drugs is now accountable as well. That’s personal responsibility. Do you disagree that he broke the law?
 
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