Complex sentencing in Lewisburg fatal overdose leaves victim's family feeling empty

Jun. 12—LEWISBURG — Union County President Judge Michael Hudock upheld a plea agreement for a Milton woman accused of arranging two drug deals that led to a Lewisburg man's overdose death, sentencing her to serve seven years on probation.

Friday's hearing revealed complexities involved in Kelly Rice's case that left the family of victim Cody Yearick, 28, feeling angered and dissatisfied.

Rice, 26, wasn't the primary target for prosecutors. Instead, she was a cooperating witness set to testify against Brady Hall, 38, of Milton — himself now dead of a fatal overdose.

It was Hall who Buffalo Valley Regional Police accused of having twice sold fentanyl to Yearick in the hours preceding Yearick's fatal overdose outside his Lewisburg apartment on May 29, 2020. Hall and Rice were both charged on July 27, 2020, with drug delivery resulting in death and related counts.

Rice agreed to a plea deal with prosecutors. She pleaded guilty to a lesser charge of criminal use of a communication facility. The deal called for a probation sentence in exchange for her testimony.

"I don't think that agreement should have been in effect. Brady Hall is gone," Jody Yearick, Cody's mother, said. "There's no justice for what was done."

In court Friday, Union County District Attorney Pete Johnson said that testimony would have been crucial in a successful prosecution of Hall.

"What was the strength of the commonwealth's case?" Hudock asked Johnson.

"I don't believe we would have been successful" without Rice's testimony, the prosecutor replied.

Johnson and Rice's defense attorney, Leonard Gryskewicz Jr. of Wilkes-Barre, each told Hudock that Rice upheld her end of the deal — to which Hudock agreed. Rice did nothing to justify withdrawing the plea agreement, they all expressed.

Gryskewicz added that his client abided by bail conditions, completed inpatient treatment, continues outpatient treatment and medication-assisted addiction therapy and has a full-time job as a home health aide.

Jailed since he was taken into custody on Aug. 6, 2020, Hall posted $30,000 bail on May 12 and was released from custody May 13, his court-appointed attorney, Chief Public Defender Brian Ulmer, previously confirmed.

Hall overdosed on heroin and died on May 19, Johnson previously said. His death left prosecutors without a defendant on the case's most serious charge.

Hudock oversees drug treatment court in Union and Snyder counties, which aims to help defendants achieve sobriety and break a cycle of addiction and arrest. Yearick was nearing graduation when he overdosed. Hudock said it hit the entire treatment court staff "like a ton of bricks."

"I understand completely why (Yearick's) family wants to see her convicted of drug delivery resulting in death," Johnson said.

According to arrest papers, Rice told police Yearick was conscious and responsive as he walked her to her car the night he overdosed, though she said his behavior was altered and asked that he text her when he got into his apartment.

The text never came and fearing she'd be at risk of arrest on an outstanding traffic citation, Rice called a friend to check on Yearick rather than returning to his apartment herself, arrest papers state. The unidentified friend found Yearick outside the apartment and called 911, arrest papers state.

Police officers and EMS personnel attempted life-saving measures of CPR and Narcan, an overdose reversal medication, but Yearick was later pronounced dead at Evangelical Community Hospital, court records state.

Rice first denied knowing how Yearick got heroin before providing information, police said. She later told investigators that she used heroin with Yearick and arranged two drug sales between Yearick and Hall, according to arrest papers. Electronic data stored on Yearick's cellphone backed that version, arrest papers state.

Family wanted plea rejected

Four of Yearick's loved ones — including his mother, school-age daughter Jasmine Yearick, and sister Brittany Yearick — petitioned Hudock to reject the plea deal and sentence Rice to prison.

"I am confused. My mom and dad told me if I did bad things I would go to jail. Now my mom and "meme" said that nobody is going to jail for killing my dad," Jasmine Yearick wrote in her comments to the court. "I know Kelly has kids and all kids need is their parents but I don't have my dad no more."

In a joint statement, Brittany and Jody Yearick spoke of the pain the family continues to endure and their desire to have Rice held accountable. They pointed to all the things Cody Yearick will miss in his daughter's life: watching her attend prom and graduation, and walking her down the aisle for her wedding.

"Your horrible choices in life have shattered mine. Now, I have to try and move forward knowing my son is gone. As a mother, I don't know if the rage and anger that I have in me for Kelly Rice will ever go away," Brittany Yearick read aloud on behalf of her mother, Jody. "I couldn't live with myself knowing this could happen to another family."

Rice said little during the hearing. She dabbed her eyes with tissues on occasion and answered the judge's questions when prompted. And, she apologized in very few words.

"I'm very sorry. I take accountability for my actions," Rice said before taking a long pause, holding back any other words she may have thought to share and sliding a microphone back to her attorney to continue with the hearing.

That was after the Yearick family closed out their own feelings.

"As Kelly Rice walks through life knowing she played a part in my son's death, we are the ones who are paying the price," Brittany Yearick told the court on behalf of Jody.