Inmate Facing Charges After Allegedly Trafficking Fentanyl
Inmate Facing Charges After Allegedly Trafficking Fentanyl
Posted
David Slone-dslone@timesuniononline.com
Inmate Facing Charges After Allegedly Trafficking FentanylA Kosciusko County Jail inmate is facing three felonies after allegedly supplying fentanyl to at least one other inmate who overdosed in the jail.
Franklin Dean Hibshman Jr., 33, of 111 S. Wood St., apt. B, Warsaw, is facing charges of dealing in a narcotic drug, a Level 5 felony; trafficking with an inmate, a Level 5 felony; and possession of a narcotic drug, a Level 6 felony.
According to a probable cause affidavit filed in the Kosciusko Circuit and Superior Court, on Monday, Kosciusko County Jail officers were notified of a medical emergency in cell block F, cell 12. Officers arrived to find Austin Griffith in medical distress, the charging documents state. Officers administered Narcan and Griffith became coherent. Officers spoke with Griffith who admitted he had obtained the narcotics from the tallest inmate in cell 6, court documents state. The tallest male in cell 6 was Hibshman, who was taller than the other inmates by 6 inches.
Officers searched the cell and found a folded piece of paper that contained a powdery substance inside a book on the top bunk. Officers also saw a white piece of rolled-up paper floating in the toilet with white pieces of powder floating on top of the water. Officers field tested the powdery substance and it tested presumptive positive for fentanyl, a narcotic drug, and weighed less than a gram.
Warsaw Police Det. R.J. Nethaway, assigned to Narcotics Enforcement Team (NET) 43, spoke with Griffith who admitted that the tallest inmate in cell 6, which he believed his first name to be Frank, provided him with the fentanyl that had caused him to overdose, court documents state. Griffith admitted that Hibshman had slid the fentanyl under the door while Hibshman was out for his hour of recreation. Griffith stated Hibshman told him to be careful because of the drug’s potency. Court documents state Griffith believes Hibshman had brought fentanyl into the jail on his person.
Nethaway spoke with Hibshman after advising him of his Miranda rights, according to court documents. Hibshman admitted that he slid something under the door to Griffith, but the object was a “KITE,” which is a slang term used to describe written communication while incarcerated.
Court documents state Hibshman previously was convicted of possession of a narcotic drug, possession of methamphetamine and possession of a syringe on Sept. 10, 2018, in Elkhart County Superior Court II.
Hibshman has two active criminal cases for possession of a narcotic drug in Kosciusko County Circuit Court and possession of methamphetamine. He has an active criminal case for possession of a syringe in Kosciusko County Superior Court III.
Bond for Hibshman in this case was set at $15,000 surety and $250 cash.
More information on this case may be forthcoming.
Other Overdoses
According to a news release from the KCSO earlier this week, a KCJ inmate was treated following the potential overdose Saturday morning (March 12). Jail officers were alerted to the unresponsive inmate shortly before 5 a.m. In addition to first aid procedures, naloxone was immediately administered by jail staff. The inmate regained consciousness and was taken to an area hospital where he was evaluated and returned to the jail, the release states.
On March 10, emergency crews also were at the KCJ for an inmate with an unknown medical emergency. As a precautionary measure, the release states, naloxone was administered, however, the inmate does suffer from a pre-existing medical condition. The inmate was taken to an area hospital where he refused medical treatment.
Names of the inmates from the March 10 and March 12 incidents were not released.
Throughout the weekend, an extensive jail search, including canine usage, was conducted, the release states.
Two years ago, an inmate did die from an overdose in the jail. Dennis McCrory died March 9, 2019. Investigators determined that another inmate, Christopher Susaraba, then 28, of Mishawaka, had methamphetamine and heroin in his body cavity prior to his incarceration. In 2021, Susaraba was found guilty by a jury of dealing in a controlled substance resulting in death and trafficking with an inmate while incarcerated and was sentenced to 40 years in the Indiana Department of Corrections.
Stopping The Flow
In December 2021, jail officers were able to stop drugs that were getting into the jail through the mail.
Nickolus George Toepfer, 34, Shipshewana, faces charges of conspire to commit dealing in a schedule I, II or III controlled substance, a Level 5 felony; and conspire to commit trafficking with an inmate, a Level 5 felony.
Heather R. Bentley, 36, of 1202 Wooster Road, lot 14, Winona Lake, faces charges of dealing in a schedule I, II or III controlled substance, a Level 5 felony; dealing in a schedule I, II or III controlled substance, a Level 5 felony; and trafficking with an inmate, a Level 5 felony.
According to court documents filed Feb. 7 in the Kosciusko Circuit and Superior Court, on Dec. 7, Kosciusko County Sheriff’s officers Michael Fowler and Samuel Weaver, both assigned to the Kosciusko County Narcotics Enforcement Team (NET 43) met with Kosciusko County Jail Commander Shaney Coney and Chief Deputy Shane Bucher. Bucher gave Fowler two letters that had been sent to inmates at the Kosciusko County Jail. The letters were legal mail sent by an attorney for Jonathan Brewer and Douglas Flagle. Bucher advised that jail officers felt something in the letters and had called the two attorneys marked on the return address and both attorneys advised the return address label was not their return label.
Bucher advised that the letters were opened and drugs were found inside. Fowler looked inside the letters and found the envelope addressed to Flagle contained 32 strips of Buprenorphine Hydrochloride and Naloxone Hydrochloride Sublingual Film 8 mg (identified as Suboxone, a schedule III controlled substance that weighed approximately 1.5 grams).
The letter addressed to Brewer contained 10 pockets of a white power taped to paper with tape. The powder appeared to be crushed pills and weighed approximately 1.63 grams. The total weight of the Suboxone film and the crushed pills was more than 1 gram but less than 5 grams.
U.S. Post Office investigator Mark Pulido tracked the stamps and found that the account used to purchase the stamps on the two inmate letters was set up by Bentley. He advised the two letters were mailed Dec. 3, according to court documents.
Fowler was able to obtain recordings of Kosciusko County Jail inmate Toepfer explaining to Bentley on how to sneak drugs into the jail by using legal mail, court documents state. Toepfer tells Bentley to print off someone else’s court cases and fold them into thirds and tape the pills and Suboxone strips to the back of the inside papers in the middle section only.
On Oct. 22, Bentley told Toepfer that she had mailed the letters and it cost her 98 cents.
On Dec. 22, Fowler and NET 43 officer R.J. Nethaway spoke with Bentley who admitted that Toepfer originally brought up the idea of sending drugs to him at KCJ in October, court documents state. She had sent a total of three packages to Toepfer at the jail using other inmates’ names. Bentley stated she used her prescriptions she would receive from Groups Recovery and a few people dropped some off to her to send into the jail for Toepfer. She said he explained to her how to use the legal mail and tape the drugs to the back of the letters. Bentley stated she mailed the first letter containing drugs to Jason Spriggs, didn’t remember the second package and third was mailed to Brewer and Flagle.
Court documents state Bentley admitted she had additional Suboxone strips and other pills she was going to mail inmates at the KCJ at her residence. On Dec. 22, Bentley took Nethaway and Fowler to her residence and gave the officers two Suboxone strips and 13 pills that were identified as Buprenorphine (Suboxone) that weighed between 1 and 5 grams.
