SIDNEY — The Sidney man who gave heroin to a man which later caused the man’s overdose death in January was sentenced to 36 months in prison in Shelby County Common Please Court.
Samuel Millbourn, 22, was originally charged with one count of involuntary manslaughter, a first-degree felony, and one county of possession of drugs, and one count of possessing criminal tools, both felonies of the fifth-degree.
In September he entered a guilty plea to an amended charge of reckless homicide, a felony of the third degree, with the other two charges to be dropped.
“Anytime we have an overdose death we investigate to see if we can determine where they got the drugs, so we can hold that person accountable,” Shelby County Prosecutor Tim Sell told the Sidney Daily News after the sentence was handed down Tuesday.
“Heroin has truly become a scourge on this community,” Judge James Stevenson said in court. He also ordered Millbourn to complete three years of mandatory probation upon his release from prison, and gave him five days of credit for time he served in jail prior to sentencing.
It was noted he has appeared in the same court several times prior, and has failed to cooperate several times as well, most recently in this case when he failed to show up for the pre-sentence investigation.
Millbourn’s attorney, Jon Paul Rion, even asked for treatment and prison time for him, saying, “He’s shown if you just let him out he’ll be going back to doing drugs.”
Rion said, “Sam overdosed himself after the victim died. And if it hadn’t been for his mother he would have been dead too.”
Millbourn apologized in court Tuesday to the victim’s family.
“I hurt a lot of you, and I know it’s not as simple as saying sorry. I wish I could take away your pain. This is the last thing I wanted to happen,” he said.
Also sentenced on Tuesday was Samantha M. Rivera, 24, of Sidney, on one count of attempted obstruction of justice. She took a plea deal in September to amend the charge to attempted. As a first time felon, she will spend the next five years on probation, have to complete drug and alcohol counseling, pay a $300 fine, and maintain employment. She was also given 109 days of credit for time she spent in jail awaiting sentencing.
She failed to provide law enforcement with information regarding the assault of a 16-year-old juvenile in March. Her and her co-defendant, Johnny L. Harness, 31, of Sidney, were picked up by police and the U.S. Marshals Service in Texas in July after fleeing Sidney. He will be sentenced on one count of felonious assault on Nov. 22.
April Rowe, 32, of Sidney, was sentenced to complete the Western Ohio Regional Treatment and Habitation Center in Lima, and five years of probation for one count of trafficking in drugs. This was her first felony conviction. She was originally arrested on April 29 after the Sidney and Piqua Police Departments executed a narcotics search warrant at her residence.
Earnest Weese, 24, at large, was sentenced to 17 months in prison for one count of attempted failure to provide change of address. This was his third violation for the same crime and fourth felony conviction. Upon his release he will also have to serve a discretionary three years of probation.
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