A 38-year-old Tekoa woman who sold fentanyl to a friend who overdosed and died is going to prison.
Amber Kelly was found guilty by a Whitman County Superior Court Jury on two counts of delivering a controlled substance. The trial was held in Colfax last month. Kelly sold fentanyl to 22-year-old Nikki Overton of Tekoa who died from a drug overdose in May of last year. Judge Gary Libey agreed with the recommendation from the prosecutor’s office and sentenced Kelly to the mid-range of the standard sentence. Judge Libey on Friday sentenced Kelly to 16 months in prison and placed her on probation for a year. You can listen to Judge Libey handing down the sentence by clicking on the audio file below.
Kelly was initially arrested by Whitman County Sheriff’s Deputies on an additional count of controlled substance homicide. The Whitman County Prosecutor’s Office declined to pursue that charge because Overton overdosed on more than just the fentanyl that she bought from Kelly. Prosecutor Denis Tracy says the medical examiner determined that fentanyl was a factor in Overton’s death but couldn’t find that it was the cause of death. Overton had other substances in her system when she died.
Kelly’s attorneys indicated during sentencing that they intend to appeal the jury conviction.