A judge rejected a defense request Friday to allow a Mt. Pleasant man who pleaded guilty late last year to selling a fatal dose of fentanyl-laced heroin to serve out a sentence while at home.
Westmoreland County Judge Common Pleas Court Judge Scott Mears said the circumstances of the case against Ricky Fosbrink warranted a short period behind bars.
“A state sentence is not appropriate and there are mitigated circumstances. But to impose no jail time whatsoever is a bridge too far because a man died because of (your) actions,” Mears said as he ordered Fosbrink to serve at least six months in the county jail.
Fosbrink will serve up to two years in jail, less one day, and an additional three years on probation, including a 12-month period of house arrest.
Fosbrink, 38, pleaded guilty in November to a felony count of drug delivery resulting in death and related offenses in connection with the Jan. 22, 2017, fatal overdose of his friend, Christopher Philip Biller of Mt. Pleasant.
Biller, 35, was found dead in a friend’s apartment near a syringe and stamp bags investigators said contained heroin and fentanyl. The drugs were linked to Fosbrink, who according to court records, admitted to selling them to Biller for $30.
Assistant District Attorney Katie Ranker said state guidelines called for Fosbrink to receive a five-year prison sentence.
Defense attorney Ken Noga, arguing for a sentence of house arrest, said Fosbrink, like his victim, was an addict and that he consumed drugs from the same batch that killed his friend.
“There is such a fine line about who was going to end up dead. Just one bag went bad and it could have gone to Mr. Fosbrink,” Noga said. “He suffers from depression and expressed survivor’s guilt. Everyone he knows thinks that he is a killer now.”
