HARRISBURG, Pa. (EYT) – An appeal filed in the State Superior Court by a Shippenville woman regarding the sentence for her involvement in the overdose death of a Clarion man was denied on Wednesday.
In a decision published on Wednesday, June 19, 2019, the judgment of a sentence entered following a jury-trial conviction on June 29, 2018, against Elva Marie Warner-Confer for drug delivery resulting in death, delivery of a controlled substance, and possession with intent to deliver a controlled substance was affirmed by the Superior Court of Pennsylvania.
The ruling states that the trial court did not abuse its discretion in determining that Warner-Confer’s direct testimony, which discussed her use of illegally-obtained fentanyl for pain opened the door to the cross-examination. Further, in light of her testimony on direct examination, including her testimony that she obtained fentanyl illegally and that she at times used the drug by chewing on the patches, rather than putting them on her skin, it was not an abuse of discretion to conclude that the probative value of the evidence outweighed any unfair prejudice.
The appeal was the result of a jury trial that found 43-year-old Elva Marie Warner-Confer guilty on June 29, 2018, of drug delivery resulting in death – a first-degree felony, and related offenses. She was sentenced to 108 months to 216 months incarceration for the drug delivery resulting in death conviction. The delivery of a controlled substance and possession with intent to deliver convictions were merged with the drug delivery resulting in death conviction for sentencing purposes. Warner-Confer filed a Notice of Appeal on July 2, 2018.
She was charged in 2017 by Pennsylvania State Police and the Office of Attorney General after 35-year-old Donald Leroy Brown was found dead in his Clarion home.
The Office of Attorney General worked closely with the Pennsylvania State Police and Clarion County District Attorney’s Office on this case and brought it before a statewide grand jury, which heard testimony, reviewed evidence, and recommended the charges against Warner-Confer and 60-year-old Jennifer Lorraine Best, of Shippenville.
Court documents state that Donald Leroy Brown was found dead in his home on April 2, 2016. In the days before his death, Brown went to a pain clinic, where he was denied prescriptions. Brown called Confer and told her he needed fentanyl patches.
The day before Brown died, Warner-Confer confirmed to a witness that she provided Brown with three fentanyl patches that she had bought from Best.
The toxicology report revealed Brown died of a fatal fentanyl overdose. Investigators discovered a fentanyl patch at Warner-Confer’s residence that had been cut into pieces, a common way for drug users to abuse the patch form of fentanyl.
The investigation also uncovered pharmacy records that showed Best filled two prescriptions for 10 fentanyl patches in the month prior to Brown’s death.
Court documents indicate President Judge James G. Arner sentenced Best to three years of probation on one felony count of Manufacture, Delivery, or Possession With Intent to Manufacture or Deliver on August 1, 2018.
She pleaded guilty to the above charge on June 20, 2018. As a result of the plea agreement, the following charges were dismissed:
– Drug Delivery Resulting In Death, Felony 1
– Manufacture, Delivery, or Possession With Intent to Manufacture or Deliver, Felony
Warner-Confer remains lodged at SCI Muncy.
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