The second of two Dayton men convicted of distributing ‘toe-tag’ fentanyl in May 2015 was sentenced Tuesday to 16.5 years in federal prison.
Charles McBeath, 35, had pleaded guilty to conspiracy to possess with intent to distribute heroin and fentanyl that killed Paul McElfresh, 33, and Jason Robinson, 38, during the 2015 Memorial Day weekend. Five other people who got heroin or fentanyl from McBeath overdosed but were revived with Narcan.
Montgomery County officials called the drugs “toe-tag” heroin due to its potency.
McBeath — who had previous drug-dealing convictions in Chicago — received more prison time than co-defendant Antonio Spiva, who was sentenced Monday to 15 years in prison.
“I can’t say enough words to express how sorry I am,” said McBeath, who choked up before tearfully apologizing to Robinson’s and McElfresh’s families as well as his own. “I don’t want to hurt my family no more. I don’t want to be a danger to the community. I know what I was doing wasn’t right.”
U.S. District Court Judge Thomas Rose said he believed McBeath was sorry, but that he just couldn’t ignore McBeath’s continued course of conduct.
“I don’t think you respect the law,” Rose said. “I don’t think you appreciate the seriousness of what you’ve done.”
The statutory range for one count conspiracy with intent to distribute more than 100 grams of heroin and fentanyl is from five to 40 years. The non-binding guidelines for McBeath was from 24 years, four months to 30 years, five months.
As part of a plea deal with prosecutors, defense attorney Daniel O’Brien negotiated a range of 10 to 18 years. McBeath and Spiva had been indicted on 12 counts.
“Longer sentences don’t deter drug selling or reduce ODs,” said O’Brien, who also said lawsuits brought by Ohio Attorney Mike DeWine and the city of Dayton against prescription opiate drug manufacturers are the only legal moves because corporations will never face criminal prosecution.
McBeath — who went by aliases such as “Fat Boy” and “Biggin” — and Spiva — aka “B” and “Snake” — were accused of running a drug distribution operation that allegedly operated from June 2014 to May 2015 at Dayton properties on East Fifth Street, South Torrence Street and South Horton Street.
“This (was) a business,” Rose said of the defendants’ drug operation. “It’s almost a franchise with numerous stores.”
McBeath earned jail-time credit and Rose said he would recommend a prison close to McBeath’s family in Chicago.
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