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Published: Tuesday, November 10, 2009

Man gets 3 months in jail for drug possession in teen's fatal overdose

(The headline on an earlier version of this story inaccurately described Robert Spillum's sentence.)

EVERETT — A Lynnwood man arrested in connection with the deadly 2008 methamphetamine overdose of a teenager was sentenced Monday to three months in jail for drug possession.

Robert Spillum, 31, told a Snohomish County judge that he has been drug-free for more than a year and is getting his life back on track. He is engaged and the father of a 1-year-old girl.

He asked Superior Court Judge Larry McKeeman to allow him to be home for his daughter's first Christmas.

“I don't want her to pay for my past mistakes,” he said.

Spillum pleaded guilty to having “worb water” — drug slang for residue left over after meth is smoked in a water pipe.

Investigators believe Jamie Leavitt, 16, died April 23, 2008, after drinking worb water while at Spillum's house. The water often contains a high concentration of meth.

Leavitt had been through drug treatment on several occasions, Snohomish County deputy prosecutor Helene Blume wrote. In February 2008, a judge banned him from contacting Spillum.

Spillum was first arrested for investigation of second-degree murder after he allegedly told detectives he hit Leavitt and held him down because the boy was out of control on drugs. He was released from jail a short time later while Lynnwood police detectives tried to determine how Leavitt died.

Leavitt suffered injuries to his head, torso and arms, but those injuries didn't cause his death, Blume wrote. Blume declined to file a controlled-substance homicide charge against Spillum. She concluded that she wouldn't be able to prove beyond a reasonable doubt that Spillum was responsible for Leavitt's death.

Leavitt's mother Kerri Sterck spoke at Monday's hearings. She told McKeeman she has many unanswered questions. Why was her son able to use drugs in Spillum's house? Why didn't somebody call for medical help sooner?

Sterck said she doesn't know what she will tell Leavitt's daughter, now 2 1/2;, about what happened to her dad.

“This is a case certainly connected with a major tragedy,” McKeeman said. “A young man lost his life under circumstances that were deplorable.”

McKeeman said the law allows him to factor in that Spillum was in possession of drugs in the presence of a minor who had a documented substance-abuse problem. He could not, however, sentence the man for a crime that he is not convicted of committing, McKeeman said.

Spillum was taken to jail Monday. The judge allowed him to serve his sentence on work release if jail staff finds that he is qualified.

“Mr. Spillum, you're already recognizing the need to stay clean and sober if you're to have a productive life and not harm yourself or others.” McKeeman said.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

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