- Associated Press - Friday, December 22, 2017

BINGHAMTON, N.Y. (AP) - A New York county court judge has dismissed a manslaughter charge against a man suspected of supplying heroin to a 26-year-old who died of an overdose.

According to the Binghamton Press & Sun-Bulletin , Richard Gaworecki still faces other charges including criminal sale of a controlled substance. Prosecutors say he sold heroin to Nicholas McKiernan who died of an overdose in July. A judge said Thursday that grand jurors hearing the case didn’t get proper instructions when they indicted him.

The judge said in order to prove manslaughter, Gaworecki would have had to ignore a substantial risk of death. He said there was no direct evidence that Gaworecki knew the heroin he sold was particularly strong.

The district attorney has appealed the decision. Gaworecki’s lawyer says the decision was right.

___

Information from: Press & Sun-Bulletin, http://www.pressconnects.com

Copyright © 2018 The Washington Times, LLC.

The Washington Times Comment Policy

The Washington Times is switching its third-party commenting system from Disqus to Spot.IM. You will need to either create an account with Spot.im or if you wish to use your Disqus account look under the Conversation for the link "Have a Disqus Account?". Please read our Comment Policy before commenting.

 

Click to Read More and View Comments

Click to Hide