Lynnwood man won’t face charges in teen’s death

Published 11:56 pm Wednesday, May 20, 2009

LYNNWOOD — A Lynnwood man once jailed in connection with the fatal overdose of 16-year-old boy won’t face charges for the boy’s death.

Prosecutors say they don’t believe they can prove to a jury that Robert Spillum, 30, supplied the drugs that caused Jamie Leavitt’s death on April 23, 2008. Leavitt died of acute methamphetamine intoxication.

Investigators believe Leavitt overdosed after he drank “worb water” — drug slang for the residue left over after meth is smoked in a water pipe. Worb water usually contains a high concentration of meth, Snohomish County deputy prosecutor Helene Blume wrote in court documents.

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

Leavitt had injuries to his head, torso and arms but those injuries didn’t cause his death, Blume wrote.

The deputy prosecutor also wrote that with the facts she has she doesn’t believe she can prove beyond a reasonable doubt that Spillum delivered the fatal drugs to Leavitt and committed controlled-substance homicide.

Instead she charged Spillum with possession of a controlled substance. Detectives seized a white mug from his home ­containing suspected “worb water,” according to court documents. Scientists with the state crime lab tested the liquid and determined that it contained meth, Blume wrote.

Investigators believe Leavitt came to Spillum’s home the night before his death. The older man and his girlfriend allegedly told police they were smoking meth while the boy was there. They denied giving Leavitt any meth. Spillum also denied giving Leavitt permission to drink the worb water, Blume wrote.

His girlfriend allegedly told police that Spillum agreed to let the teen have the meth-laced water in a coffee mug, according to the charging papers. Both adults reported seeing the boy drink the water. They told investigators Leavitt instantly became high and repeatedly tried to hug Spillum and his girlfriend.

The defendant allegedly told police he held Leavitt down and punched him several times in order to restrain him, Blume wrote.

Paramedics were summoned to a Lynnwood house after receiving a report that Leavitt had overdosed. Leavitt was raced to Stevens Hospital in Edmonds, where he died a short time later.

Leavitt had been through drug treatment on several occasions, Blume wrote. In February 2008, a judge banned Leavitt from contacting Spillum. Court records provide no information why this was done.

Leavitt was the father of a girl who was 10 months old when he died.

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