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Third man in drug death receives 7 years in state prison

The third man charged in connection with a 2017 drug death has been sent to state prison on charges including involuntary manslaughter.

Douglas A. Harkins, of Sugar Grove, Cody A. Streit, of Warren, and Michael J. Marshall, of Warren, were each charged in the drug-related death of Robert Marshall, 24, of Warren.

Streit pled guilty to the same slate of charges Harkins pled to and was sentenced to nearly four years in prison last month, and Michael Marshall entered a plea to tampering with evidence, and possession of a controlled substance and received a probationary sentence.

Harkins was sentenced to nearly seven years in state prison by President Judge Maureen Skerda on Friday.

According to the affidavit of probable cause, Marshall died of acute intoxication of a chemical in synthetic marijuana ordered and furnished by Streit and Harkins.

During interviews with police, according to the affidavit, Harkins said the drugs were delivered to Streit and Streit said the drugs were delivered to Harkins.

According to the affidavit, “Harkins tried some of the (drug) and became very sick” on April 3, 2017.

Shortly thereafter, according to the affidavit, Streit, Harkins, Michael Marshall, Robert Marshall, his mother, and her boyfriend, were at Harkins’ residence.

According to the affidavit, Harkins “packed a pipe of the (drug) with the package name Black Sabbath, and passed the pipe around to the group. The victim smoked the pipe given to him by defendant Harkins and smoked at least two different packed pipes of the Black Sabbath while he was at the residence.”

The victim died later that day.

Harkins attorney, Henry Borger, said on Friday during sentencing that there is “no running” from his client’s prior record, citing a drug addiction and challenges complying with the rules of society.

“He’s extremely remorseful about that,” Borger said, noting that the synthetic marijuana was acquired legally and lamented that the company that produced the synthetic marijuana was beyond prosecution.

“That is not to shift the blame here,” Borger said.

First Assistant District Attorney Cody Brown called this a “very tragic case” and acknowledged the substances were bought legally. “(I) hope Mr. Harkins is sincere about his treatment so something like this doesn’t happen again.”

Harkins apologized for his conduct and said “I’m sorry for who I’ve been” and said his life “changed 32 months ago.”

He said this incident resulted in the death of his brother and he “can’t get him back. All I can continue (to do) is proving myself.”

“You gave the court a very complete picture… of where you’re going,” Skerda said, crediting his efforts to improve his life.

But, she noted, “you’re a repeat felon. You recognize that.”

Skerda noted his criminal history dates to 1990.

She then sentenced him to 25-50 months incarceration in state prison with credit for 306 days time served, $1,775 in fines and fees and submission of a DNA sample on a count of possession with intent to deliver. He is not boot camp or recidivism risk reduction incentive eligible. Harkins was also sentenced to 25-50 months in state prison on a count of criminal use of a communications facility and 30-60 months on a count of involuntary manslaughter.

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