PLYMOUTH – A Plymouth woman was sentenced to 12 years in prison – the maximum – Wednesday after she pleaded guilty to dealing drugs which ultimately led to a man’s overdose death in December.
The Marshall County Prosecutor’s Office charged Jessica J. Jelinek, 31, in May with a single count of dealing a narcotic drug, which is a Level 4 felony.
According to court documents and a news release from Prosecutor Nelson Chipman:
Marshall County sheriff’s deputies were called to a home in the 10000 block of Iris Road on a report of a man not breathing on Dec. 21.
When Marshall County sheriff’s Sgt. Nick Laffoon arrived, he found 27-year-old Brandon A. Wojcik, of Plymouth, unresponsive on a bedroom floor. Medical first responders were unable to resuscitate him and he was soon pronounced dead.
Jelinek told Laffoon she had been in bed with Wojcik before she called 911. She said she found Wojcik unresponsive with vomit around his mouth.
On Wojcik’s cell phone, the sergeant found “numerous” messages referencing illegal prescription drug use and obtaining prescription drugs illegally, according to the court papers.
Laffoon also discovered messages connecting Jelinek to dealing prescription medications to Wojcik.
Jelinek told Laffoon she, Wojcik and a second man, Fabian Pioro, had been drinking alcohol at the home until the early morning.
Pioro said Jelinek sold him three Roxicodone pills when he came over to her house that day. Roxicodone is an opiate used to treat moderate to severe pain.
Laffoon determined that Jelinek had a prescription for opiate pain medications, including Roxicodone. She initially denied selling the drug, but eventually admitting to selling five Roxicodone pills to Pioro. She also said she “believes she provided” the drug to Wojcik, according to court documents.
Laffoon got a search warrant for both Wojcik’s and Jelinek’s Facebook accounts. The search determined that both Wojcik and Jelinek were involved in using and selling prescription medications, including Roxicodone and Xanax, which is used to treat anxiety.
Wojcik, a 2010 Plymouth High School graduate, worked at UPS in Bourbon and Knox Fertilizer, according to his obituary.
Chipman said Thursday Wojcik’s official cause of death was ruled “acute methamphetamine, alprazolam, clonazepam and oxycodone intoxication.”
The prosecutor said his office decided not to pursue a charge of dealing a narcotic resulting in death, which is a Level 1 felony with a sentencing range of 20-40 years. Instead, he said, the decision was made to get the maximum sentence on the dealing charge. He said Wojcik’s family supported the plea agreement.
Also factoring into the decision to approve the plea agreement were Jelinek’s willingness to accept responsibility, the level of individual responsibility for the three people involved and that “Jelinek’s age of a mere 31 and the fact she has a child that will live through her most formative years without a mother,” Chipman said Thursday in a news release.
“Mrs. Wojcik addressed the court with a heartfelt description of the impact the loss of her son has had on her and her family,” the prosecutor said. “Importantly, Judge (Robert) Bowen confirmed with Mrs. Wojcik that she was agreeable with the resulting 12-year sentence.”
Jelinek was previously convicted of dealing in narcotics in 2013 in Porter County, according to court documents.
While imprisoned, Jelinek will take part in the program Recovery While Incarcerated, “the current (Indiana Department of Correction) treatment agenda aimed at breaking the cycle of addiction,” the prosecutor said.
“If that is not good enough,” Chipman said in the release, “then the next time whoever is seated here as prosecutor in this, or whatever other county, will have the option of adding the enhancement of being an Habitual Offender. Generally unheard of for a woman, let alone one so young.”
A Level 4 felony is punishable by two to 12 years if convicted.