Homicide charges filed in one heroin-related death

By TED SULLIVAN   Sunday, April 19, 2009
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Click here to read more stories of the Gazette's series on heroin and its impact on Rock County.

— Ryan O. Kennington had a greenish tint to his skin when he was found lifeless on his living room floor, a telltale sign of a heroin overdose.

The 18-year-old Beloit man’s death is the one case in Rock County where first-degree reckless homicide charges have been filed against people accused of providing heroin.

No charges have been filed in ten other heroin-related deaths, but the cases remain under investigation, District Attorney David O’Leary said.

Prosecutors can charge people who supply drugs in an overdose death under the state’s Len Bias law. The law is named after a University of Maryland basketball player who died of a drug overdose in 1986.

In Kennington’s death, Michael L. Maginnis, 18, Beloit; Johnathon M. Handy, 19, Rockton, Ill.; Emily L. Hill, 19, Winnebago, Ill., and Christopher A. Dorris, 19, Roscoe, Ill., are charged with party to first-degree reckless homicide.

Maginnis, who was Kennington’s roommate, also is charged with maintaining a drug-trafficking place. The apartment they shared was suspected of being a place where people used heroin and marijuana.

According to the criminal complaint:

Maginnis, Handy and Dorris went to buy heroin Nov. 26 in Rockford. Maginnis provided transportation. Handy made arrangements with the dealer. Dorris provided the money.

After buying heroin, they stopped in a parking lot in Rockford and injected two bags each. Three bags of heroin remained. They returned to Beloit.

At the apartment, Kennington and Hill went into a bedroom and injected heroin. Later that night, Kennington traded a Starbucks gift card for more heroin.

At some point, Maginnis received a call from Kennington, who told him he thought he had just overdosed. Kennington later thought he was getting better.

He was with Hill, who was “freaking out.” Maginnis suggested Hill take Kennington to the hospital, but she thought it wasn’t necessary.

Kennington was found dead the following morning after Maginnis returned home.

Nearly two months later, charges were filed against the four defendants.

One reason homicide charges haven’t been filed in other heroin deaths is because the cases are hard to prove, O’Leary said.

It’s difficult to know who handled the drugs, which often pass through many hands until they’re ingested, he said.

And witnesses, often heroin users themselves, are unreliable, officials said.

“There are several hurdles to prove on those cases,” Janesville police Sgt. Jim Holford said. “Some users buy from two, three, four different people in a single day.”

In other cases, “heroin overdose” isn’t always the obvious cause of death.

Autopsies often conclude a user died of a combination of drugs, O’Leary said, and other health problems could be suspected.

And the scenes of overdose deaths are often cleaned up, said Jeff Klenz, the sheriff’s deputy in charge of the special investigations unit.

Evidence such as needles and other drug paraphernalia is usually gone, he said.

Witnesses will simply call 911 and leave, Klenz said.

HEROIN DEATHS

Authorities say at least 11 people in 13 months have died in Rock County from heroin overdoses:

March 9, 2008: An Edgerton man, 39, dies at 12:40 a.m. at Edgerton Hospital. His mother is notified of his death. The death remains under investigation by Edgerton police.

July 3, 2008: A Janesville man, 18, dies at 1:48 p.m. at Mercy Hospital in Janesville. His mother is notified of his death. The death remains under investigation by Janesville police.

Aug. 1, 2008: A Milton Township woman, 44, dies at 7:40 a.m. in Edgerton Hospital. Her daughter is notified of her death. The death remains under investigation by the Rock County Sheriff’s Office.

Nov. 6, 2008: A Roscoe, Ill., woman, 29, dies at 4:58 p.m. at Beloit Memorial Hospital. Her father is notified of the death. The death remains under investigation by the Winnebago County, Ill., Sheriff’s Office.

Nov. 27, 2008: A Beloit man, 18, dies at 8:37 a.m. in Beloit. His father is notified of his death. Nearly two months later, four people are charged with party to first-degree reckless homicide.

Dec. 14, 2008: A Janesville Township man, 20, dies at 4:48 p.m. in Janesville Township. His father is notified of his death. The death remains under investigation by the Rock County Sheriff’s Office.

Jan. 6, 2009: A Janesville man, 46, dies at 10:50 a.m. in his home. His parents are notified of his death. The death remains under investigation by Janesville police.

Feb. 12, 2009: A Beloit man, 19, dies at 5:36 p.m. at UW Hospital in Madison. His mother is notified of his death. The death remains under investigation by Beloit police.

Feb. 28, 2009: A Union Township woman, 36, dies at 9:44 p.m. in her home. Her father is notified of her death. The death remains under investigation by the Rock County Sheriff’s Office.

March 31, 2009: A Milton man, 29, died at 7:31 p.m. at Edgerton Hospital. The Edgerton Police Department is investigating.

April 8, 2009: A Rock Township man, 26, is found dead in a Beloit apartment. Police say he had been visiting a friend after walking away from a halfway house between Beloit and Janesville. The death remains under investigation by Beloit police.

reader COMMENTS
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(29)
vladessa
Apr 17, 2011 at 2:43 p.m.
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Yes, Emily Hill SHOULD have taken him to the hospital! She was probably afraid for herself (as she was high too) that she could be arrested. I had seen Ryan (my grandson) the night before and he was fine.

My heart still hurts over his dying & not in acceptance...yet. Good friends don't lay heavy drugs on their friends; especially since they knew Ryan wanted to get clean & sober! How selfish! To leave someone there to die is certainly a blatant act of not caring; hence, involved. These people will have this on their hearts for the rest of their lives as they were friends with him. I'm sure they wish they had done things differently yet, this how it happened and the law is the law. They ought to be held accountable as well. Fair-weathered friends!!

Nov. 27, 2008 - RIP in peace my lovely, talented grandson.

thekid3477
Apr 20, 2009 at 3:43 p.m.
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they dont have a conscience. they have a fat wallet. legalize drugs and they wont have that either. take the profit you take the motive people. have we had any al capones since the end of alcohol prohibition??

baybeegirl
Apr 20, 2009 at 2:40 p.m.
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I know this victim, if he felt as if he needed to go to the hospital then they should have taken him. The sad thing is Ryan use to be so against drinking and drugs it's so sad that his so called friends just left him there to die.

I'm speechless.

thisisme
Apr 20, 2009 at 11:29 a.m.
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There was a poster either here or on another article that commented that the people should know right away what the "overdose" was or as soon as possible. We need to know what is out there so that we can properly educate our children. Now a month later, we still don't know what the guy next door od'd on. Rumors are rampant, but none can be guaranteed.

thisisme
Apr 20, 2009 at 11:21 a.m.
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Yup... the two that were involved in that particular incident were "interesting" sorts that most just stayed away from. The whole story still hasn't come out, that we are aware of. All we know is that there was an MDB 2 doors down till well after we finally stopped being nosy neighbors and went to bed.

thisisme
Apr 20, 2009 at 10:10 a.m.
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billnewbie- quoted this back and I think I am able to explain...isn't a "gateway drug" and then wrote "The user just wants a different high!" when they try something stronger

Each person is looking for a different drug, a different kind of high. Some are just high on life, and if one can find THAT drug... please share! Others need something more, something to help. Alot start with marijuana because it is pretty darn easy to get and non addictive. Not all start there though. I have known many that have started with the others, cocaine, heroin,cold medicine, prescriptions, i could go on forever, and found that marijuana is the high that their looking for. I've seen it go the other way around. I honestly hate the way pain killers make me feel and refused morphine in the hospital when I collapsed a lung, but love to sit down every once in a while and smoke a joint.

To call any drug a "gateway" drug is a way to place the blame something.

thekid3477
Apr 20, 2009 at 9:38 a.m.
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dillnewbie funny how you missed 'its all in the users head' in between the 2 parts of gabbys post you critique. shes blaming the individual and not the drug. you are proving the blind only see what they want.

your marijuana on the scene thing is silly and you know it. alcohol could be on just as many scenes but its legal and blindly accepted by society so not reported on. do you think alcohol or nicotine...or caffeine for that matter...could be considered a gateway drug??

thisisme
Apr 20, 2009 at 9:37 a.m.
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Back at ya thekid!!

Here's to the vice that if more people had, there would be less violence and more love and laughter in the world!

billnewbie
Apr 20, 2009 at 9:19 a.m.
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One thing is clear, in nearly every story about heroin, marijuana is on the scene. That's what's known as circumstantial evidence, and it happens much more often that coincidence can explain. To say otherwise is a rationalization meant to enable denial of the obvious, which is how most drug users get started, denying the dangers and believing that they can handle what so many cannot, whatever they use first.
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It's interesting that Gabby06 wrote that marijuana isn't a "gateway drug" and then wrote "The user just wants a different high!" when they try something stronger. Isn't that evidence that marijuana is a gateway drug, that marijuana offers a consistent high but if the user wants a "better" high, that calls for something else?

thekid3477
Apr 20, 2009 at 9:08 a.m.
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jayvee. fyi i am a functioning member of society who has 2 kids 50% of the time while STILL paying a GOOD chunk VOLUNTARILY in child support. not court ordered. when my ex fell in love and wanted to move to another state i didnt stop her. instead i pulled the pin on the life i had and followed my kids. it has been almost 4 years since i had a drop of alcohol, which means i havent supported the LEGAL DRUG DEALERS in a LONG time. i lost count at this point of how many times ive been a designated driver for my friends. i have no idea who you are or why you think you have the right to judge me or anyone else who smokes pot, but you dont. we are not idiots any more than those same functioning members of society who chose alcohol as their drug of choice. ive smoked with nurses, teachers, business owners, asst da's, moms, dads, grandparents, editors, service men(retired and active), and ive heard from other journalist and even a boy scout troop leader, WHO ALL SMOKE MARIJUANA ON A REGULAR BASIS. these people are not idiots.

HAPPY 4/20 TO ALL THE RESPONSIBLE TOKERS OUT THERE!!

thisisme
Apr 20, 2009 at 8:42 a.m.
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SarahB1- The death on the 400 block of S. Main was not, as far as we have been told, heroin related. I live two doors down and they have kept everything on the DL, but there was no mention of heroin at all, only other things.

nurse4u
Apr 20, 2009 at 5:17 a.m.
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Hill thought it "wasn't necessary" to take the victim to the hospital. WRONG!

gabby06
Apr 20, 2009 at 4:02 a.m.
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I agree with thekidd. Weed is as much a gateway drug as the grass is blue. It's all in the users head. The weed does not say "hey man go get something better." The user just wants a different high! I know quite a few users who have NEVER even tried marijuana. And quite a few marijuana users who have never used anything else.

biggirl
Apr 19, 2009 at 10:05 p.m.
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Has anyone heard of personal responsibility? Clearly, the DA hasn't.

thekid3477
Apr 19, 2009 at 8:39 p.m.
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an apartment where heroin and marijuana were used. its safe to assume because heroin was involved so was marijuana...but i guess its not safe to assume these kids drank alcohol in this apartment. even tho at that age its just as illegal as the other two drugs. this is how 21st century reefer madness works. the seed is planted in a story like this that marijuana and heroin are directly related...and then you...the blind...will water that seed by continuing to deny the FACTS and take the time to post a gripe about thekid or those who want drugs legalized rather than actually doing some research and finding out that those of us who want drugs legalized actually have some logic behind us. baaaaah

gmaof3
Apr 19, 2009 at 7:47 p.m.
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We don't have a rehab program in Rock County. It is an absolute joke! What a waste of my tax money. I would love to see an actual REAL report of success and rehabilitation vs. the "baby-sitting" / recidivism percentage.

You can no longer consider Rock County as "small town living"... the same issues are in every large city in America. Wake up people! We have gangs, drugs, hookers, theft, murder, unemployment, homelessness...

It seems to be a constant battle of "catch up".... never prepared, never proactive and always 3 steps behind the criminals. Parents of young children are looking at what the future holds for their sons and daughters.. they're scared to death that their kids are going to be affected by the crap our elected officials can't get a handle on.

This isn't a republican/democratic issue - this is an issue of humanity and accountability. The PC movement has failed us all. We need to get back to the basics folks...

If there are not serious changes made soon, we will all be burying our children. Look at the ages in this article... they are across the board. We need leaders with morals and a mission. This can and should be dealt with. Our leaders need to lead... let go of the PC mentality and the fear of stepping on political toes. DO SOMETHING!!!

jbsback453350
Apr 19, 2009 at 2:44 p.m.
(This comment was removed by the site staff.)

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