GREENFIELD — Eric Legare, 31, of Athol was given five years jail time after pleading guilty Friday to involuntary manslaughter in connection with the heroin overdose death of another Athol man in 2015.
He also pleaded guilty in Franklin County Superior Court to three counts of distributing heroin, a count of possession with intent to distribute heroin and conspiracy to violate drug laws, for which he will serve five years concurrently.
Another defendant, Brian Welvaert, 34, of Athol, was also in court earlier in the day in connection with the same case which stems from the May 5, 2015, death of 22-year-old Jordan Tarbell, who prosecutors allege died after consuming a fatal dose of heroin sold to him earlier that day by Legare.
Welvaert pleaded guilty to involuntary manslaughter, one count of distributing a Class A drug, conspiracy to violate drug laws and misleading police. He was sentenced to six months in prison for distributing heroin, and two years probation for the involuntary manslaughter charge. He will also be subject to random drug screenings twice a week, according to prosecutor Jeremy Bucci.
According to Bucci, Tarbell met with the defendants the day before his death and attempted to purchase heroin from them, but could not come up with the money. A mutual friend who was with the three warned Legare and Welvaert not to sell the heroin to Tarbell because he had previously overdosed, Bucci said. Tarbell had recently been released from addiction treatment.
The following day, Bucci said, Tarbell contacted Legare. Bucci said Welvaert gave Legare a ride to sell heroin to Tarbell and received two bags of heroin in payment. At the time, Bucci said, Legare was selling heroin bags labeled “007,” which Legare and Welvaert picked up in Holyoke and distributed in Athol and the North Quabbin area.
In spite of his friend’s warnings not to sell heroin to Tarbell, and despite Welvaert having overdosed and been revived with Narcan after using the heroin just days before, Bucci said Legare sold Tarbell a half bundle of heroin and a syringe sometime between 5:30 and 6 p.m. on May 5.
At 6:20 p.m., Tarbell was found by his mother and younger brother in the bathroom of their home, having overdosed with heroin bags labeled “007” next to him. His death was ruled the result of acute heroin intoxication.
Bucci said that after Tarbell’s death, police observed Legare sell the same heroin to three other individuals. A search of his residence found more than 300 heroin bags labeled “007” as well as previously recorded buy money that was paid to Legare.
Judge Mark Mason observed Legare’s record of misdemeanors dating back 20 years, and noted that after Welvaert’s overdose Legare went on to sell heroin to four other individuals.
“What sort of person would do that?” Mason asked.
During Friday’s hearing, Bucci read an impact statement written by Jordan Tarbell’s father, Dennis Tarbell.
“The sleepless nights don’t go away,” Dennis Tarbell wrote. “I’m numb to living, and I don’t know if that will ever go away.”
Dennis Tarbell wrote it’s “a blessing” to see the case be brought to court, but “it is no consolation that Jordan is still gone.”
In response, Legare’s attorney Michael Sheridan spoke of how Legare became addicted to narcotics and then heroin following a dirt bike accident where his spine was broken in three places. Sheridan said Legare turned to dealing to support his habit, but is remorseful for Jordan Tarbell’s death.
“This is the ultimate tragedy that could have resulted from such an addiction,” Sheridan said. “(Legare) has remorse for that.”
After the hearing, Bucci said he was “very satisfied” with the sentencing. Legare will be imprisoned at the Massachusetts Correctional Institute at Cedar Junction in Walpole, and receives credit for his 451 days served awaiting trial.
“I suspect these are the sort of charges we’re tragically going to continue to see,” Mason said near the end of the hearing, referencing the heroin epidemic.
As for Dennis Tarbell, he said he hopes the case will shed light on the heroin epidemic.
“I’m glad it shows that drug dealers are gonna go to jail,” he said. “They’ll think twice.”