SMETHPORT — James A. Luper Jr., 44, will served 3 ¼ to 6 ½ years in state prison for his role in the delivery of butyryl fentanyl to a Bradford man who died of an overdose from the drug.
Luper is one of three people charged in the death of George Duke Jr., 25.
He was sentenced Thursday in McKean County Court before President Judge John Pavlock.
When aggregated with a separate drug case for which he was sentenced two years ago on Aug. 18, 2016, Luper is serving a 6 ¾ to 13 ½ year term in prison.
On Aug. 9, Luper pleaded guilty to charges of conspiracy to possess a designer drug, a felony, and involuntary manslaughter, a first-degree misdemeanor.
On the day he entered his plea, District Attorney Stephanie Vettenburg-Shaffer explained that between Nov. 5-13 in 2015, he packed butyr fentanyl-laced heroin and conspired with Larry Shroyer and Rachel Reid to deliver it to Duke. Luper made sure the mixture was “potent” and sold it despite its danger.
Testimony given at a preliminary hearing for Luper and Shroyer indicated that Luper and Reid lived together in a home where she and two other people worked for Luper selling drugs. Shroyer, who was a daily customer of Reid, allegedly delivered the strong mixture of heroin/butyrfentanyl to Duke.
On Thursday, a tearful Luper told Pavlock, “I’m ashamed.”
Luper turned to the Duke family and talked for several minutes about his drug history and current view of the opioid epidemic.
“My record speaks for itself. I got a bad record,” he said at one point.
Shaffer indicated that his extensive criminal history includes mostly drug-related offenses.
Luper said he had been selling crack but never “dope” before the timeframe of Duke’s death. According to Luper, when he made the decision to mix the fatal drug, “I didn’t do the homework on it.” Had he been aware of the dangers of butyryl fentanyl, he wouldn’t have sold it, he asserted.
He explained that, since he’s been incarcerated, he started reading about the dangers of the drug and how it affects the respiratory system.
He talked about the opioid epidemic in general.
As part of the plea agreement, Luper is agreeing to testify against any co-defendants who have trials.
On Thursday, Luper told the judge that he’d never agreed to testify before in a case — and it was something he had never planned to do. He explained he now wants a different role in the opioid epidemic.
“I don’t want to be part of the problem no more. I want to be part of the solution.”
He told the family more than once, “I just pray that God forgives me.”
Shaffer read aloud a letter that Duke’s mother, Lisa Duke, wrote on behalf of the victim’s father, George Duke Sr.; the victim’s brother, Grant Duke; and herself.
The letter described the constant sense of loss the family feels.
“Our son had a bright future,” the letter read, describing Duke Jr.’s involvement with church and school growing up. “Despite our best efforts, temptation surrounded (Duke Jr.)”
Before his death, he was clean for two years, the letter stated. His family still worried about him at that time.
“To lose a son is the the absolute most pain a mother or father can endure,” the letter stated. It indicated the family hopes to gain closure through the court process.
Prior to ordering the sentence, Pavlock referred to the point Luper talked about doing his “homework” on the drug he mixed. This reminded Pavlock of the fact that school is starting and students are preparing for their eventual careers.
“He made the decision that his career would be selling drugs,” Pavlock said.
Pavlock said that every time Luper sold drugs, he “took a gamble” — much like spinning a carnival wheel to see where it lands.
“He chose to spin that wheel and put himself and other people at risk,” he said.
Pavlock sentenced Luper to the maximum prison term allowable under the plea agreement and explained it was due to Luper’s criminal history and the impact of his actions on the victim.
For her own part, Shaffer noted that, due to how the drug was classified at the time of Duke’s death, Luper is not facing a longer sentence.
She explained that “because butyryl fentanyl was only a designer drug under Pennsylvania law at the time of the death rather than a scheduled drug under the act, our legal options were limited. Had this been a ‘scheduled’ substance at the time, the charge would have been much more serious and he would have been looking at many more years of incarceration.”
She said the state legislature changed the classification of butyryl fentanyl in August 2016, several months after Duke’s death.
If the crime happened today, the dealer could be charged with drug delivery resulting in death, she noted.
She referred to something that an appellate court judge once said.
“Most who use drugs and alcohol don’t die”; however, anyone who deals drugs is playing Russian roulette and is therefore responsible at the times someone does die.
Luper was represented by Bradford attorney Daniel Lang.
A hearing had been scheduled for Thursday on a motion to consolidate Luper’s, Shroyer’s and Reid’s cases for trial, should they all go to trial. That hearing was continued.
Reid has a last day to plea conference set for 1 p.m. Sept. 20, and Shroyer has already stated that he wants his case to go to trial.