Pubdate: Sun, 20 Aug 2006
Source: Capital Times, The  (WI)
Copyright: 2006 The Capital Times
Contact:  http://www.madison.com/tct/
Details: http://www.mapinc.org/media/73
Note: Usually does not publish letters from outside the state.
Author:  Mike Miller
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

7 YEARS PROBATION IN HEROIN DEATH

Man Bought Drug That Killed Friend

A Madison man who supplied the heroin that killed a good friend was 
put on probation and will be able to get into a local drug program, 
but he may have a prison sentence if he is not successful.

Jonathan Lehnherr, 25, was put on probation for seven years Wednesday 
and ordered to spend one year in the Dane County Jail, some of which 
will be stayed if he is successful in the Treatment Alternatives 
Program for drug abuse at Hope Haven, but Dane County Circuit Judge 
James Martin also left Lehnherr facing a possible seven-year prison term.

Lehnherr supplied the heroin that killed Michael Ace, 31, in a West 
Wilson Street apartment building on May 5, 2005. Both Assistant 
District Attorney Brian Asmus and defense attorney Gregory Dutch 
recommended that Lehnherr be put on probation with a few more months 
in jail so that he could get immediate drug treatment.

But Martin said he was troubled by the fact Lehnherr injected the 
heroin into Ace and that he obtained heroin twice on the day Ace 
died. For those reasons, he imposed the seven-year prison term, with 
three years of incarceration and four years of extended supervision, 
but then stayed that term in favor of seven-year probation.

That means that if Lehnherr violates the terms of his probation and 
it is revoked, he would immediately go to prison with no further court action.

"My hope is that this never comes into play," the judge said. Martin 
also said he was "hopeful there has been some kind of epiphany that 
you understand how serious this is."

"There can be no greater crime than being responsible for the death 
of another human being."

Asmus said in his remarks that he was willing to forgo a prison term 
for Lehnherr because Ace's family emphatically stated they didn't 
want to see Lehnherr in prison, because Lehnherr was truly remorseful 
for the death of his longtime friend, and because Lehnherr led police 
to Lavina Mull, who sold him the heroin.

Without Lehnherr's cooperation, Asmus said, police would have not 
been able to establish that Mull was the ultimate source of the 
heroin. Mull is currently facing a 10-year prison term for the death 
of Sarah Stellner, 20, in 2004, and is awaiting trial on charges that 
she sold the heroin to Lehnherr that eventually killed Ace.

Defense attorney Dutch made a recommendation similar to Asmus', 
although the two differed slightly on how much more jail time 
Lehnherr should serve. He has been in jail since his arrest on the 
charge. Dutch also emphasized that Lehnherr, when he discovered Ace 
was in medical trouble, had another person present call for an 
ambulance and tried to revive his friend with CPR.

Lehnherr told the judge he was ready to accept responsibility for the 
death of Ace, and despite past denials of his drug problems was now 
able to admit his addiction and was ready to get help.

"When Mike died I lost someone who was very special to me," he said.

Ace died after Lehnherr had purchased $50 of heroin, which he shared 
with Ace and a woman who was also at the apartment. He injected both 
Ace and the woman with the drug. Later that day he bought another 
$100 worth of heroin and the three used the drug again. Lehnherr 
later noticed discoloration in Ace's leg and found him not breathing.
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