Final sentence handed down for fatal fentanyl overdose in Grand Forks

Joshua David Soeby, 40, will spend 12 years in prison and pay over $16,000 in restitution to the victim’s family along with help from his co-defendants.

Joshua Soeby, 38-year-old Holly Dawn Soeby and 41-year-old Kelly Jo Nelsrud were initially charged in Grand Forks County District Court, though the charges were moved to the federal level in May.

Grand Forks County court documents said officers were called to 5915 Wydown St. on an overdose Jan. 17, 2018. First responders found 27-year-old Max Johnson dead in the home’s upstairs bathroom with a burnt fentanyl patch nearby, an affidavit said.

The federal indictment reveals few details and refers to the victim as “M.J.”

Investigators were told by Johnson’s girlfriend that he may have purchased the drugs from Joshua and Holly Soeby, the affidavit said. Both were on probation for drug-related convictions in 2017.

Officers searched the Soeby’s home and interviewed Holly Soeby, who said she bought the patch from Nelsrud then sold it to Johnson the morning he died, according to the affidavit.

She warned Johnson to “be careful, the patch is strong and he has a beautiful girlfriend and kids he needs to worry about,” the court document said.

Joshua Soeby helped arrange the sale, the affidavit said.

Officers found numerous fentanyl patches at Nelsrud’s home and the affidavit said she denied selling the drugs to her sister.

She pleaded guilty in February and was sentenced to 12½ years in prison. Holly Soeby was sentenced to 14 years in prison.