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California man bound over for negligent homicide charge in Jamestown

A preliminary hearing in a case where a drug sale allegedly resulted in an overdose death from Southeast District Court in Jamestown.

Jordan McKay

A Sacramento, California man has been bound over for trial on multiple drug charges and negligent homicide by Judge Troy LeFevre in Southeast District Court in Jamestown.

Jordan McKay, 20, remains in custody on $150,000 bond. He faces charges of delivery of a controlled substance, possession of controlled substance with intent to deliver, fentanyl, possession of marijuana with intent to deliver and possession of a controlled substance with intent to deliver, all Class B felonies.

He is also charged with negligent homicide, a Class C felony, and two lesser drug charges.

LeFevre found probable cause for the case to proceed on all charges after the testimony of John Hirchert, a deputy with the Stutsman County Sheriff's Office at a preliminary hearing Wednesday, April 21. Hirchert testified McKay had told officers he had delivered seven pills to a victim, identified during court proceedings as Mr. W, between 12:30 and 1 p.m. on Jan. 15. Hirchirt also testified Mr. W was found dead at about 4 p.m. the same day with four of the pills still remaining.

Hirchert also testified the pills in the possession of Mr. W and remaining pills held by McKay had tested positive for fentanyl and that fentanyl had been found in the victim's bloodstream by a preliminary toxicology report.

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During closing arguments in the preliminary hearing, Philip Becher, defense attorney for McKay, argued that the victim's contributory negligence should be considered and the charge of negligent homicide dropped.

LeFevre ruled probable cause existed to proceed with all charges. McKay then entered not guilty pleas to all charges.

Tentative dates of June 1 have been set for the drug charges and June 29 for the negligent homicide charge.

Class B felony charges carry a penalty of up to 10 years in prison while a Class C felony is punishable by five years in prison.

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