On Tuesday, May 10, 2011, the sentencing of James Swinney on a charge of Homicide by Controlled Substances was finally concluded. The charge arose out of a tragic situation in March of 2010, when Mr. Swinney obtained some methamphetamine and shared it with Tamara Anderson.  As a result of the increase in blood pressure caused by the methamphetamine, she suffered a hemorrhage in her brain. She died a few days later.  Mr. Swinney had entered a guilty plea to the charge on March 22, and a sentencing hearing had been held on April 12.

At the hearing on April 12, the court had listened to victim impact statements from the family of Ms. Anderson and from Mr. Swinney’s family. At the end of the sentencing hearing, the court imposed a sentence of 51 months in prison.  Later that very day, Mr. Swinney filed a motion asking that the court reconsider the sentence.  He wanted the court to decide that he was entitled to and should be given a DOSA. (Drug Offender Sentencing Alternative) The state filed a motion asking the court to not impose a DOSA sentence. A hearing on that motion was to be on May 10.

Just a few days before the hearing on May 10, Mr. Swinney filed another motion.  This motion asked the court to allow him to withdraw the guilty plea that he entered on March 22 and go to trial on the charge. He stated that he was scared when he entered the plea, and that he now wanted to go to trial on the charge.   This motion was set to be heard May 10 as well.

On May 10, the court heard from his lawyer and the State and Mr. Swinney. He said “getting the meth, was not a me thing, but a we thing,” He apparently did not feel he had really done anything wrong when he shared the meth he had obtained with Ms. Anderson.  At the conclusion of the hearing, Judge Nielson ruled that Mr. Swinney’s plea had been willingly, freely and voluntarily made and refused to allow him to withdraw the plea. He also ruled that because this drug offense resulted in the death of someone, the court did not think a DOSA sentence was appropriate.  Judge Nielson reaffirmed the sentence of 51 months without a DOSA.

That is the conclusion of the matter at the trial court level.  These issues may have to be revisited at the appellate level later, but for now, Mr. Swinney goes to prison.

Make no mistake; Methamphetamine is very dangerous. It is not safe in any amount. It is like playing roulette with a loaded gun.  It can and does kill.