McHenry man loses bid to have drug-induced homicide charge dismissed

A McHenry man facing a drug-induced homicide charge stemming from the fatal overdose of a 29-year-old man has lost his bid to have the case dismissed on claims that police may have misidentified him.

John Maly, 29, is accused of delivering a fatal dose of fentanyl to Tyler D. Martin of McHenry in October 2020.

Maly's attorney, McHenry County Special Public Defender Kevin Hanzel, argued that McHenry County Sheriff's Detective Eric Lee could not have accurately identified his client in a blurry video obtained from a McDonald's in Chicago.

Hanzel said Lee's testimony in front of the grand jury was “misleading” and “taint(ed)” jurors who indicted Maly.

Lee testified that the video shows that Maly was in the front passenger seat of a vehicle at the McDonald's at 10 p.m., Oct. 23, 2020. He then got out of the vehicle and walked toward a residential area where he allegedly bought fentanyl, authorities allege.

According to Lee, the video also shows a woman driving believed to be Maly's co-defendant Casey Johann, 26, of Hebron.

And, although not visible in the video, Lee said Martin is in the backseat.

Martin was found dead in his apartment the next day. His death was caused by fentanyl poisoning, according to a coroner's report.

Hanzel argued the video – which he labeled the “ultimate evidence” used to indict his client - is blurry and does not clearly identify Maly.

However, Lee said he drew his conclusion of who was in the vehicle based on the “totality” of the evidence, which includes cellphone pings off of cellular towers, I-PASS records and text messages between Maly and Martin discussing “going to the city” and buying “jabs.”

“Jabs” refers to amounts of heroin and fentanyl packaged for sale in baggies, Lee said.

McHenry County Judge Tiffany Davis rejected the request to dismiss charges Thursday, saying she found Lee to be credible and not misleading to the grand jury.

Davis set a jury trial date of Dec. 11. Maly remains in custody at the McHenry County jail on $500,000 bail.

Johann initially was charged with drug-induced homicide and unlawful delivery of a controlled substance. In 2021, she pleaded guilty to an amended charge of attempted drug-induced homicide and received probation.