Appeals court reverses MD man’s restitution order in heroin death

A Maryland man’s $8,750 restitution order that would have paid for the funeral expenses of a man to whom he gave heroin is an illegal sentence, the Maryland Appellate Court held this week.

In a reported opinion written by Judge Douglas R. M. Nazarian and filed Monday, the Maryland Appellate Court reversed the Queen Anne’s County Circuit Court’s restitution order for Nathan Johnson, finding that Brendan Roe’s death “was not the direct result” of Johnson’s criminal conduct.

The appeals court found that Roe’s act of taking the drugs Johnson provided him was an intervening event, therefore making the restitution order to cover Roe’s funeral costs an illegal sentence.

In November 2016 Roe passed away after overdosing on heroin that he received from his friend, Johnson, according to the court’s opinion, after the two texted each other discussing how they would obtain drugs. Following Johnson acquiring drugs from someone at work, he agreed to sell a portion of the drugs to Roe.

Police arrested and charged Johnson with involuntary manslaughter, reckless endangerment, possession with intent to distribute heroin, possession with intent to distribute acrylfentanyl, possession of heroin and possession of acrylfentanyl. After a bench trial, the Queen Anne’s County Circuit Court convicted Johnson on all counts.

After Johnson’s first appeal, the Maryland Appellate Court reversed his involuntary manslaughter conviction, and the Queen Anne’s County Circuit Court later vacated that conviction.

Spokespersons for the Maryland Office of the Attorney General and Maryland Office of the Public Defender declined to comment Thursday.

“In this case, Mr. Roe himself took the drugs that he obtained from Mr. Johnson. Taking the drugs was not an action necessary to remedy an injury caused by Mr. Johnson’s conduct, nor was it Mr. Roe’s only option under the circumstances,” the appellate court wrote. “Mr. Roe’s death came about due to his own actions.”

The Maryland Appellate Court added that the connection between Johnson’s sale of the drugs to Roe and Roe taking the drugs is “insufficient.”

“It’s not enough for a defendant’s actions to have set in motion a chain of events that led eventually to the victim’s injury,” the appellate court wrote. “The defendant’s conduct must be the event that directly caused the victim’s injury.”