Wednesday, December 9th, 2009

Celina man pleads guilty in overdose death

By Margie Wuebker
As prospective jurors waited patiently for selection to begin Monday morning on day number one of a scheduled four-day trial, a 60-year-old Celina man and his attorneys met behind closed doors with prosecutors before ultimately entering an unusual plea.
Phillip Roy Schmidt, who has been incarcerated at the Mercer County Jail since his arrest in July, entered what is known as an "Alford guilty plea" to three counts - reckless homicide, trafficking in drugs within the vicinity of a school and an amended charge of corrupting another with drugs. The charges stem from the June 9 death of 36-year-old Michelle Riley after she reportedly sucked on a painkiller patch he sold.
The plea, which is not commonly heard in local court proceedings, acknowledges prosecutors likely have sufficient evidence for conviction. However, it permits Schmidt to dispute the facts in the case while maintaining his innocence and accepting a plea bargain, according to Mercer County Prosecutor Andy Hinders.
In exchange for the plea, the state dismissed 10 remaining counts in the indictment including involuntary manslaughter and agreed not to pursue charges relating to violation of community control sanctions. The offenses occurred while Schmidt was serving three years probation in a 2007 falsification case.
Judge Sumner E. Walters, who is handling the case by appointment, set sentencing for Dec. 23. He explained Schmidt faces a maximum of 18 years in prison if the time is imposed consecutively. He also pointed out a sentence of 10 or more years is not subject to early release.
In addition, the Celina man faces up to $35,000 in fines of which $12,500 is mandatory as well as mandatory operator's license suspension.
Celina Police responded to the home of Brett and Michelle Riley at 428 E. Livingston St. the night of June 9 after the couple's children were unable to rouse them.
Michelle Riley, a banker at Chase Bank in Celina, was pronounced dead at the scene while her 42-year-old husband Brett was rushed to Mercer County Community Hospital in Coldwater unconscious but breathing.  
Mercer County Assistant Prosecutor Matt Fox said Brett Riley purchased a Fentanyl patch from Schmidt for $56 after tracking him down at Roberts Town Tavern in Celina. They reportedly went to a Morton Street residence to get the patch, and Brett Riley subsequently turned down an offer to go out for a drink, saying his wife was home waiting. It was not the first transaction between the pair involving drugs for recreational use, according to Fox.
The Rileys allegedly sucked on pieces of the patch to obtain a heightened effect from the narcotic it contained. Fentanyl is prescribed for long-term or chronic pain not relieved by other pain medications like morphine and codeine. When used properly, the patches provide a slow release of painkilling drugs over a period of 12 to 24 hours. An overdose leads to swelling of the mouth and face, difficulty breathing, seizures and ultimately death.
An autopsy conducted at the Montgomery County Coroner's Office determined the cause of Michelle Riley's death as Fentanyl and alcohol intoxication.
Fox credited the quick response of paramedics with saving Brett Riley's life. "A few minutes more and he would have died of cardiac arrest," the assistant prosecutor added.
Riley regained consciousness at the hospital and allegedly told medical personnel about the use of Fentanyl in an attempt to help his wife. He was unaware of her death at that time.
Schmidt reportedly had a prescription for Fentanyl patches and had obtained 15 of them at an area pharmacy the previous day.
Riley remains free on bond pending a Dec. 16 pretrial hearing. He faces two counts of involuntary manslaughter as well as one count each of reckless homicide, corrupting another with drugs, trafficking in drugs and possession of drugs.
Additional online story on this date
ST. MARYS - Auglaize County commissioners have a house for sale at 306 S. Beech St., and any profit will go toward helping another homeowner through the Community Housing Improvement Program (CHIP). [More]
Subscriber and paid stories on this date
Mercer County commissioners to make final ruling on request
Applause broke out Tuesday night at the Jefferson Township building after members of the Mercer County Zoning Commission decided not to recommend a zoning change for property owner Roy Asbury Jr.
ROCKFORD - Parkway school district voters will see a levy renewal on the May ballot that, if passed, will keep the current income tax revenue in place for another five years.
WAPAKONETA - Auglaize County health officials are disappointed with the recent low numbers of people seeking H1N1 flu vaccine.
During Tuesday's mee
NEW BREMEN - Construction of a 60-by-175-foot electric department service building moved one step closer to becoming reality Tuesday night when village councilors accepted bids.
WAPAKONETA - The staff at the Auglaize County Health Department will receive a 1.5 percent raise beginning in 2010.
The board of health met Tuesday morning and approved the salary increases, as well as other personnel issues, following an hour and a half executive session.
An 18-year-old Celina man faces numerous charges alleging he engaged in sexual conduct with an 8-year-old girl between January and March of this year
The trial date for a long-time St. Marys teacher charged with public indecency and voyeurism has been rescheduled from this week to Feb. 18.
Also,
A Shelby County father and son were arrested early today after they ran from authorities investigating an apparent burglary at the Fraternal Order of Eagles Hall in Coldwater.
COLDWATER - Everything old does look new again at the South Side restaurant. A Coldwater landmark since the early 1950s, the restaurant has a nostalgic theme wrapped in fresh paint and clean and shining furnishings.
A Celina restaurant owner is finalizing plans to open a three-setting restaurant in St. Marys.
John Irmscher, co-owner of CJ Highmarks in Celina, is working to close a deal for space in the strip shopping center called Shoppes at St. Marys on the southwest corner of state Route 66 and U.S. 33.
Local Roundup
Compiled by Gary R. Rasberry
Parkway fell behind early and could not recover as Crestview improved to 2-1 on the season with a 45-30 nonconference win on Tuesday night in Convoy.