A woman, who investigators said provided the heroin that led to a Hoquiam man’s overdose death in August 2019, has pleaded guilty to controlled substance homicide.
After a lengthy Hoquiam Police Department investigation, Jennifer Ann Harmon, 29, was arrested on the charge in July 2020. Initially pleading not guilty, Harmon changed her plea to guilty on Friday morning after a plea agreement was struck.
“All these overdose deaths are potentially a substance abuse homicide because whoever provided the drugs can be criminally liable for the death,” said Hoquiam Police Chief Jeff Myers.
“I’m very proud of our officers and detectives for recognizing and following through on the leads that brought us to the person who sold the drugs the victim took right before he died of an overdose. While it doesn’t bring him back, it does send a message to those peddling this poison to others.”
Hoquiam police were called to an overdose in the 1200 block of Chenault Avenue in Hoquiam on Aug. 28, 2019, and found David W. Keys deceased. According to court documents, when Keys’ body was removed a syringe was found in his hand. An autopsy was performed and the pathologist determined that Keys died of a heroin overdose and ruled the case accidental.
Hoquiam investigators discovered a cellphone at Keys’ home that was determined to be his. A warrant was secured to access the phone, and investigators found text messages from Keys to a “Jennifer” in the hours preceding Keys’ death. According to a Hoquiam police report, Jennifer advises she is “sick” and Keys offers to split $40 with her “so she can get well.”
Recognizing the phrase “get well” as common terminology among heroin addicts to describe the sickness felt when deprived of the drug, investigators searched for the Jennifer in the texts. A warrant was issued for the phone records of the number associated with Jennifer, but it was a Tracphone with no subscriber information, sometimes known as a burner phone, with no subscriber information.
Investigators turned to Keys’ workplace and Harmon’s name was brought up, a name investigators were familiar with because of “a history in illegal narcotics use and sales, specifically heroin,” according to the Hoquiam police report.
Investigators learned that Harmon had been arrested on an outstanding warrant and was in the Hoquiam Jail. Investigators noticed a cellphone listed among her personal property at booking, and that phone was secured and placed into evidence.
When interviewed, Harmon was asked if the cellphone with the number that texted Keys was hers, and she said it was. Investigators later accessed several texts between Keys and Harmon that indicated the two were meeting the night of Keys’ overdose to purchase $40 of “brown,” a common user term for heroin.
In a subsequent interview, Harmon admitted to selling the drugs to Keys but said initially that she didn’t think Keys had taken the heroin “as he had texted her the next day wanting to do it together,” according to the Hoquiam police report. She was then advised that Keys had died of an overdose, at which point, “Her eyes got big and her face went white. She went quiet and put her head into her hands.”
Soon after, according to the report, Harmon made phone calls from the jail, recordings of which had her saying “the guy I sold brown to died.”
At Friday’s hearing, Harmon told Judge David Mistachkin that she admitted to providing the heroin that resulted in Keys’ overdose death and she understood that pleading guilty did not mean a sentencing judge had to follow the plea agreement.
The standard sentencing range for the offence is between four years and three months to five years and six months in prison. At Friday’s hearing, Grays Harbor County Chief Criminal Deputy Prosecuting Attorney Jason Walker said the state is recommending the bottom end of the range. Harmon’s attorney is asking for a “prison DOSA” — Drug Offender Sentencing Alternative — which Walker said the state would not object to — Harmon has no prior felonies.
According to the state Department of Corrections, a prison DOSA sentence allows individuals to serve the initial part of their sentence in prison and the remainder of their sentence while on community supervision. Prison DOSA individuals receive an assessment and are required, if time allows, to start or complete treatment while in prison before continuing treatment on community supervision.
Harmon’s sentencing hearing is scheduled for Sept. 7 at 2 p.m.
