A Westmoreland County judge made no guarantees but promised he would consider imposing a sentence with no time behind bars for a Mt. Pleasant man implicated in the fatal overdose of a friend nearly five years ago.
The comments from Common Pleas Judge Scott Mears came during a hearing in which Ricky A. Fosbrink, 38, pleaded guilty to a charge of drug delivery resulting in death and a related misdemeanor drug offense in connection with the Jan. 22, 2017, fatal overdose of Christopher Philip Biller in Mt. Pleasant.
“The defense is requesting a sentence of house arrest and that may or may not happen. I will review all of the records and review a presentence investigation to make a decision,” Mears said. “The victim’s family has not been overly involved in this matter, and that could change and that could make a difference.”
Prosecutors said Biller, 35, was found dead in a friend’s apartment near a syringe and stamp bags investigators said contained heroin and fentanyl. Fosbrink admitted he sold the drugs to Biller for $30, according to court records.
More than two years after Biller died, Fosbrink was charged in connection with the fatal overdose and since January 2019 he has been free on $100,000 bail.
Fosbrink told the judge it was in his best interest to plead guilty to two of the three charges he faced. Prosecutors dismissed one felony drug possession charge.
As a result of the plea, Fosbrink faces a maximum sentence of up to 20 years in prison.
Prosecutors did not propose a potential sentence for Fosbrink, and Mears said he will impose a penalty early next year.
“We will review the presentencing investigation once it’s complete and move forward from there,” Westmoreland County District Attorney Nicole Ziccarelli said in a statement released Tuesday .
