Sheboygan judge sentences man in overdose death. How the sentence compares to those imposed in similar cases.
Charges against one woman in the case have been dismissed while another woman charged in the incident still has a case pending.
Maya HiltySHEBOYGAN - A Sheboygan County judge has sentenced one man to prison and dismissed all charges against a woman in connection with the overdose death of a 55-year-old man.
After the man’s death in Sheboygan last spring, prosecutors charged Jason Knoll, 46, with being party to a crime to first-degree reckless homicide involving drugs and charged Amy Jo Papendieck, 57, with delivering heroin and second-degree recklessly endangering safety.
Prosecutors also charged Amber Rossmiller, 40, with being party to a crime to both delivering heroin and second-degree recklessly endangering safety — a case that is ongoing.
All charges against Papendieck were dismissed on District Attorney Joel Urmanski’s motion in February.
Knoll pleaded no contest to the charges last month, and Sheboygan County Judge Samantha Bastil sentenced him to six years in prison and 10 years of extended supervision, with conditions including complete sobriety and any counseling or treatment deemed appropriate.
As part of Knoll’s plea agreement, charges of possession of an electric weapon, possession of meth, forgery and felony bail jumping were dismissed but read in, meaning Judge Bastil could consider them when determining Knoll’s sentence.
A jury trial for Rossmiller is scheduled for June 27-29.
Prosecutors charged three people in connection to a man's death. Here’s what happened.
Papendieck told police she and the victim struggled with addiction and had both injected heroin. She said the victim died while she was unconscious, according to a criminal complaint.
Papendieck told police they had obtained the heroin from Rossmiller, who said the victim had purchased the heroin from Knoll. Knoll told police he brought drugs to Sheboygan but denied delivering them to the victim, according to the criminal complaint.
Providing drugs to someone who fatally overdoses is considered first-degree reckless homicide in Wisconsin, even if the person charged does not deliver drugs directly to the victim.
Prosecutors dismissed charges against Papendieck, now in an addiction recovery program
A jury trial in Papendieck’s case was first scheduled for the end of January, but Urmanski said he was not available for the trial about three weeks beforehand, according to court records.
Earlier that month, Papendieck’s attorney, Bradley Jansen, had asked Judge Bastil to dismiss the case on account of the state’s “undue delay and inexcusable neglect in advancing the case,” Jansen wrote in a letter to the court.
In the three months before the scheduled jury trial, the state had not filed any motions, named any witnesses to be called at the trial, provided an offer to resolve the case or taken action of any kind, Jansen wrote.
Urmanski later moved to dismiss the case. He did so “after a thorough review of the matter and decision that it would not be able to prove the case against the Defendant beyond a reasonable doubt” and not because of Jansen’s motion to dismiss, Urmanski said.
Bastil dismissed the case without prejudice, meaning prosecutors can refile the same charges against Papendieck.
Urmanski said he could rei-issue the charges within the statute of limitations if more information is learned through the prosecution of related cases.
Papendieck was accepted into the Robby Dawson Home for Women in Milwaukee, an addiction rehabilitation center that houses up to 30 women at no charge, according to court documents. The program is run by the nonprofit Great Lakes Adult and Teen Challenge.
Judge Bastil had adjusted Papendieck’s bond down to a $1,000 cash bond so Papendieck could join the program last summer.
More:Sheboygan Falls mother committed to life in a mental institution for killing her 8-year-old son
Reckless homicide sentences vary
In most cases over the past five years in which a person was found guilty of first-degree reckless homicide involving drugs, Sheboygan County judges sentenced defendants to between five to 12 years in prison, with additional years of extended supervision.
That excludes a case earlier this year in which Judge Daniel Borowski sentenced 32-year-old Dwayne Cannon to 23 years in prison for the same charges.
In a 2019 case, Judge Rebecca Persick also sentenced Damian Washington to 20 years in prison for reckless homicide. Washington, age 40, was found guilty of five other felonies, including maintaining a drug trafficking place, in the case.
Five cases of reckless homicide involving drugs are open in Sheboygan County courts. Four people who were charged with the crime between 2021 to early this year are being held in the Sheboygan County jail on a $150,000 to $500,000 cash bond. One posted a $1,500 cash bond.
This report is part of the Sheboygan Press's mission to follow criminal cases to their conclusion.
Reach Maya Hilty at 920-400-7485 or MHilty@sheboygan.gannett.com.