Man gets prison time in fentanyl overdose death | Crime

Box, 27, who now lives in Forest, pleaded guilty in Roanoke federal court last year to distributing a mixture that contained fentanyl, “the use of which resulted in the death of another.” He stood at his sentencing hearing before U.S. District Judge Elizabeth Dillon and spoke of remorse and regret as members of the dead man’s family listened.

“What I did was despicable, irresponsible and inexcusable,” Box said.

David Harbach, an assistant U.S. attorney, agreed with Box’s assessment of his conduct. Ordering drugs from China was “foolish” and giving it to another person was “beyond reckless,” Harbach said in a court filing. What made things even worse was that “a graduate of Virginia Tech with a major in biological sciences plainly should appreciate the risks of” such conduct, the filing said.

Dillon explained the policy under which Box was being punished, saying Congress has determined that suppliers of illicit drugs will be held accountable in the event people who use the drugs die. It didn’t lessen Box’s culpability that the person who died, referred to in court as J.B., ingested the drug on his own, the judge said.

Defense attorney Tom Bondurant summarized the events of March 15, 2016. J.B. arrived at Box’s apartment to trade Xanax for marijuana that Box had. The trade took place. During the encounter, J.B. spotted the fentanyl from the Chinese website on Box’s desk and asked about it. After Box explained its potency, J.B. assured Box he had the tolerance to handle opioids. The men ingested equal amounts of the product, and Box left the room to sleep. J.B. developed breathing problems. A second visitor “freaked out” and left the apartment.

Bondurant described J.B. as a frequent drug user.

Box awoke, called 911 and performed CPR. He also tried to hide the drugs, according to the defense attorney’s account. Emergency responders took J.B. to a hospital, where he died that evening, court papers said.

Box, himself an addict, sought treatment, swore off drugs and began recovery. “He’s well known in the recovery community,” testified David Martin, an addiction counselor.

The case unfolded amid an opioid overdose epidemic that takes more lives in Virginia and elsewhere than traffic wrecks and shootings. Virginia death investigators counted 248 fatal fentanyl-related overdoses in the state during the third quarter of 2018. That was a 25-percent increase from the same quarter of 2017, according to the Virginia Department of Health report.

Box first encountered opioids in the form of legal medicine prescribed for an injury. Now he’s a convicted felon, the judge said, adding that she hoped his ordeal would be a hard lesson that he would never forget.

“I wish for all you here today healing and peace,” said the judge, looking out at a gallery of nearly 20 people who appeared to know the parties involved.

Box went directly to prison, removing his sport coat, tie and belt in the courtroom. His mom crossed the courtroom and approached two members of J.B.’s family. The three embraced and cried.