Fox 59

Indy man sentenced to 25 years in prison for selling drugs that killed co-worker

UPDATE:

On Monday, Kurt Russell was sentenced to 25 years in prison.

ORIGINAL STORY:

ZIONSVILLE, Ind. — An Indianapolis man was found guilty of dealing drugs that led to the death of his co-worker.

As of Wednesday, 52-year-old Kurt Russell was yet to be sentenced for dealing in a controlled substance resulting in death, a crime punishable by up to 40 years in prison.

Court documents state that Russell sold 28-year-old Maxwell Timbrook the drugs that caused him to overdose back in January of 2020. An autopsy and toxicology report found that Timbrook died due to an overdose of “acute alprazolam, trazodone, tramadol, and fentanyl intoxication,” per documents.

At about 4:15 p.m. on January 18 of 2020, police were called to Timbrook’s Zionsville home by his mother. She directed responding officers to the kitchen, where Timbrook was found on the floor. He was pronounced dead at the scene.

Police said they found two yellow pills and two purple straws within Timbrook’s reach, as well as a grinder that contained a powdery substance. They also found a wadded up piece of tinfoil and a red straw with residue in it inside a Ziploc baggie in the bedroom. Lab tests later found that the red straw contained heroin, zolpidem and fentanyl, and the yellow pills contained alprazolam.

When police spoke with Timbrook’s mother, she informed them that her son overdosed the year prior, and Narcan saved his life. Police said she also told them that the drugs came from someone at Timbrook’s place of work.

Court documents say that Timbrook’s father worked with Apple to receive the passcode to his son’s phone. Once this was granted, the father sent screenshots of a text message conversation to detectives. The conversation between Timbrook and a contact listed as “Kev C*****” spanned from January 16 to January 18 and showed what detectives recognized as a drug transaction, police said.

Documents state that officers served a warrant for Sprint and found that the phone number listed for “Kev C*****” was registered to Russell. Employment records showed Russell and Timbrook were both employed at the same business.

Police later obtained a warrant for Timbrook’s phone data. Court documents detail the text message conversation between Timbrook and Russell on January 17:

“Kev C***** (KC): Still interested in those supply’s man (6:05:30 PM)
“Maxwell Timbrook (MT): Hmm I’ll have to check her out (6:05:45 PM)
“MT: Ya sure (6:05:49 PM)
“MT: Leme know when ya get it (6:05:57 PM)
“KC: He called earlier. I had to make sure u still were interested 1st tho. (6:06:57 PM)
“MT: Yep still interested (6:07:11 PM)
“MT: Chances he will come through tonight (6:35:31 PM)
“MT: 1-10 (6:35:34 PM)
“MT: What do you think (6:35:37 PM)
“KC: Ill let u k now when I hear back from him (6:36:35 PM)
“MT: K (6:41:34 PM)
“MT: Any word (7:14:03 PM)
“KC: Give u a call in a sec (7:20:57 PM)
“MT: K (7:21:02 PM)
“KC: No answer. Could b at kids ball game. Ill keep trying him every so often. (7:24:40 PM)”

The messages go on to show the two discuss Russell acquiring the drugs and the timing of the deal between Russell and Timbrook. Messages indicate that Timbrook received the drugs from Russell around 11 p.m.

“KC: Hea pulling up bro (10:58:21 PM)
“MT: K (10:58:34 PM)
“KC: Alright come on (11:00:38 PM)
“MT: K (11:01:33 PM)
“MT: Here (11:01:34 PM)
“MT: So this is 40 worth (11:08:11 PM)
“MT: So just gimme 60 tomorrow and we’ll call it even (11:19:25 PM)
“KC: Go easy man. Stuff is wicked strong (11:24:21 PM)
“KC: N/c on the skool busses. I felt bad for y so on house tonite. (11:32:10 PM)”

Court documents explain that, “‘school busses’ is common drug slang for Xanax (Alprazolam).”

“KC: Sttaight[sic] down the middle on the other tho like we agreed to earlier (11:35:27 PM)
“MT: Haha ok (11:53:52 PM)
“MT: Ya stuff is pretty good this time (11:58:24 PM)
“MT: You smoke it or toot it (11:58:51 PM)
“KC: S**** the bomb. Ill bring exttawill)ll) [sic] (12:35:45 AM)
“MT: right on (12:35:53 AM)
“MT: I think it’s fentanyl (12:36:01 AM)

The message sent at 12:36:01 am is the last message sent from Timbrook’s phone.

“KC: Idk man (2:11:45 AM)
“KC: I got your cash man (8:45:25 AM)
“KC: Damn I just need to fugure [sic] out how to get the rest of that (8:46:11 AM)”

Court documents note that “it is common for heroin dealers to add or ‘cut’ their heroin with Fentanyl so the user will get a better ‘high’ or as a way to cut costs and increase profits.”

After serving a search warrant, police were able to obtain cellphone data that showed Timbrook’s phone was located at or near his Zionville home at 9:35 p.m. on January 17, at or near Russell’s home between 9:56 p.m. and 11:01 p.m., near 86th Street and Zionsville Road by 11:08 p.m., and back at his Timbrook’s home by 11:58 p.m., per court records.

A warrant for Russell’s arrested was issued on January 14 of 2021, and he was arrested the next day.