UPDATE @ 9:19 a.m. (Nov. 30):
Robert Wylie was sentenced to community control sanctions for up to five years with several conditions, including treatment and 80 hours of community service.
“I’m going to carry the pain of this for the rest of my life,” Wylie told the judge, later adding. “I’m ready to get on with my life.”
The Dayton man whose 13-year-old son prosecutors said died of an overdose on his drugs is scheduled to be sentenced today.
Robert Wylie, 41, was convicted in two cases — one in which was found with drugs and drug paraphernalia during a traffic stop and his son was in the vehicle — and the other related to the death of Nathan Wylie, 13.
Nathan died April 1 after being found unresponsive on March 28 when his father took him to a nearby Dayton Fire Station on South Broadway Street. He died of an “anoxic brain injury” due to suspected drug intoxication and the cause was accidental, according to the Montgomery County Coroner’s Office.
In a sentencing memorandum, prosecutors urged Montgomery County Common Pleas Court Judge Steven Dankof to six years in one case and two and a half years in the other for a total of eight and a half years in prison. Wylie’s attorney, Jeffrey Gramza, wrote in his memo that a sentence of community control sanctions including a requirement that he complete the MonDay program was appropriate in the case.
In the 2016 drug case, Wylie pleaded guilty to heroin and cocaine possession. In the case involving his on, a grand jury indicted Wylie for endangering children and two counts of having weapons under disability — all third-degree felony charges.
“There was insufficient evidence to determine where or from whom the child obtained any drugs and, therefore, homicide charges could not be brought against the defendant,” Montgomery County Prosecutor Mat Heck Jr. said in a press release, alleging that Wylie waited hours before seeking medical help for his son.