First dealer to be charged in overdose death now sentenced

A Noblesville man, Justin R. Yeary, has been sentenced for Dealing in a Controlled Substance Resulting in Death.

Yeary

Yeary was arrested in April 2019 in connection with a drug transaction that took place in Noblesville in which he sold drugs to Tyler Humphrey, which resulted in Humphrey’s death.

Yeary was the first person to be charged and convicted in Hamilton County on a charge of Dealing in a Controlled Substance Resulting in Death.

The relatively new statute was created during the 2018 legislative session and signed into law by the Governor Eric Holcomb.

The statute provides police and prosecutors with an additional tool to combat the opioid crisis – charging drug dealers with the death of the person to whom they sold drugs.

Dealing in a Controlled Substance Resulting in Death is a Level 1 felony and is the most serious drug offense in the Indiana Code.

Hamilton County Superior Court 1 Judge Michael Casati sentenced Yeary to 35 years in the Indiana Department of Correction with 28 years executed with the Indiana Department of Correction and three years as direct and open commitment to Hamilton County Community Corrections.

Following his prison term, Yeary will be placed on probation for a period of four years under the standard conditions and the following special conditions:

  1. Successfully complete any community corrections placement imposed; and
  2. Evaluation by, compliance with, and completion of CARE or equivalent drug/alcohol treatment program, including compliance with recommendations and payment of costs associated with assessment, referral, and recommended education/treatment.

Yeary will be granted accrued time and good-time credit for 484 actual days served (April 15, 2019 to Jan. 13, 2020, and Oct. 8 2020 to May 5, 2021) prior to sentencing for a total of 645 days toward the executed sentence after the addition of 161 credit days.