He left man for dead, gets 12 years

On paper, Clinton Eash is accountable for the heroin overdose death of a 27-year-old St. Charles man who was found on a park bench in June 2006.

Relatives and friends of Matthew Thies say Eash's failure to get Thies medical help makes him guilty of much more.

"I lost the two people I loved more than anything in two months' time," testified Thies' longtime girlfriend, April Burmeister, blaming the miscarriage of their child on the stress and depression from his death.

Burmeister testified Wednesday at an emotional sentencing hearing for Eash, a 31-year-old from Elburn who was convicted in July of drug-induced homicide and involuntary manslaughter.

It was the first time Kane County used the drug-induced homicide law, which holds dealers and others accountable in drug deaths.

Eash, a felon, faced six to 30 years in prison. Kane County Judge Timothy Sheldon gave him 12.

"This was an unnecessary loss, certainly very tragic. It could have been prevented," the judge said.

After a day of drinking in June 2006, Eash was paid to drive Theis and Joseph Estok, also of St. Charles, to an ATM and then Chicago so they could buy heroin. Later, when Theis was unresponsive and appeared to be overdosing, Eash and Estok tried to wake him with ice and a cold shower. Instead of taking him to a hospital, they drove out of their way to leave him on a park bench behind Fox Ridge Elementary School in St. Charles near his home.

"Would you treat a dog like that? I don't think so," said Thies' mother, Carla.

She said she would never forgive Eash for his actions. She can't bring herself to wash Matthew's dirty clothes, holidays have been filled with sorrow, and she is overprotective of his brother, now an only child.

Carla Thies said she can't drive by the school and park bench where her son's body was found by three little girls without getting upset. "You can't comprehend the bond a mother has with their children," she said. "Now, when I go by, I just say a little prayer or I just cry."

Sheldon also read part of a written statement submitted by Eash, who did not address the court.

"I apologize to Matthew's family and friends for my involvement in this unfortunate accident," part of the statement said.

Eash could be out of prison by the time he's 36. He is eligible for day-per-day credit on the sentence and will receive credit for about 14 months in jail since his arrest last year.

Prosecutor Nemura Pencyla argued for a 20-year sentence, saying a "sure and stiff sentence" would send a message to drug users and those who help addicts get drugs. Asked whether the sentence will send that message, Pencyla replied: "I think it's a start."

Public defender David Kliment asked for a six-year sentence, arguing a 20-year sentence is the minimum term for first-degree murder. Eash might have driven to Chicago, but he was not proven guilty of murder in court, Kliment argued.

Estok, 30, wants a jury trial and is due in court Oct. 17.

Kliment said he plans to ask Sheldon to reconsider Eash's sentence and also will appeal the July verdict.