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<< Previous   of   Next >>   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Tuesday, November 10, 2009 Man gets 3 months in jail for drug possession in teen's fatal overdose By Diana Hefley Herald Writer (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. READER COMMENTS Log in or register to post new comment | Log out (No heading) If there was one single prosecutor and one single judge to oversee every single case, charges and verdicts would be more uniform. As it is, there is a little bit wiggle-room in the laws that allow for other circumstances to be taken into account. It's a sad case, but Leavitt is responsible for his own death. Drug addiction is a terrible thing. Elle None | Nov 10, 2009 9:33 am | 1 replies | View all | Post reply | Request removal Justice is obiously blind!!! Carlton James has it absolutly correct! How in the world can two very similiar case (Drugs provided and Death). In the case of Mallori Smith is was consenting adults and Mallori got the book thrown at her. In the case of Robert Spillum a under age teenager died (Who he also appeared to have used physical force on for one reason or another) then he gets a slap on the hand and work release if qualified. This is totally unbelievable how in the world can our system allow this mis-carriage of justice to occur Mallori Smith was rail roaded by a Prosecutor with an agenda if the system allows Robert Spillum to only get 3 months for "Drug Possession" vs. second degree murder of a minor. Great Job Snohomish County another reason we should trust our legal system the officials running it. mitchell Brasier | Nov 10, 2009 9:19 am | 0 replies | View all | Post reply | Request removal Is Justice Blind? I really thought that JUSTICE was blind and that justice was handed out evenly and without prejudice. I was wrong. After reading this article I can’t help but compare this incidence with one that happened on September 11 2007. Mallori Smith is currently serving a 21 month prison sentence for sharing drugs with a willing adult friend. That friend was Kyla Helvey and she passed away from using the drugs that Mallori Smiths provided. I guess it’s just a matter of LUCK as to which prosecutor is assigned to the case and which judge has to sit on the bench. If you end up with a prosecutor that has a personal agenda and a family with revenge in their hearts then you end up in prison for almost 2 years. If you get Helene Blume as the prosecutor then you can walk into a 3 month work release program for possession of drugs. I wonder what would have been the outcome for Mallori if Helene Blume was assigned to her case rather a vengeful prosecutor looking for a win and not for justice. Carlton James | Nov 10, 2009 8:23 am | 0 replies | View all | Post reply | Request removal

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