Husband involved in wife’s fatal overdose sentenced to jail

By Tom Rivers, Editor Posted 7 February 2019 at 2:04 pm

ALBION – An Albion man was sentenced to 60 days in the Orleans County Jail and 3 years of probation after he admitted to being involved in his wife’s fatal drug overdose on Dec. 18, 2017.

Kevin J. McMullen, 32, of West Lee Road pleaded guilty to attempted criminally neglect homicide. The crime is a level A misdemeanor.

McMullen said in court on Nov. 26 that he took his wife, Megan, to Rochester on Dec. 18 to purchase what they believed was heroin. When they brought the drug, the seller warned them it was a strong drug.

It was actually fentanyl, a synthetic opioid that is often added to heroin to make it more potent.

Mrs. McMullen would overdose twice, on the way home and then at her home, and was revived by her husband.

The two took the drug again after the second overdose. Mr. McMullen fell asleep and woke up to find his wife was deceased and could not be revived.

District Attorney Joe Cardone said McMullen failed to get medical assistance for Megan and provided her with a drug despite the warning of its danger, especially after she overdosed the first time.

McMullen could have called for medical assistance without fear of arrest for an overdose because of the Good Samaritan Law, Cardone said in court.

McMullen acknowledged in court on Nov. 26, when he pleaded guilty, to being involved in the activities that led to his wife’s death.

McMullen was arrested on Sept. 3 following a nearly nine-month investigation by the Albion Police Department.

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