McHenry man pleads guilty in drug-induced homicide to lesser charge in fatal overdose, gets 10 years in prison
A McHenry man initially charged with drug-induced homicide pleaded guilty to a lesser offense Thursday in the fentanyl-overdose death of a 29-year-old man and was sentenced to 10 years in prison.
John Maly, 29, entered into a negotiated plea of guilty to one count of attempt drug-induced homicide, a Class 1 felony that typically carries a prison term of four to 15 years.
He was charged in 2021 with drug-induced homicide, a Class X felony, for which the penalty can be up to 30 years in prison.
Maly is required to serve half of his prison sentence and will receive credit for the 1,001 days he has spent in the county jail. When released, he will be on 12 months of mandatory court supervision, according to the sentencing order in the McHenry County court.
Maly is accused of delivering a fatal dose of fentanyl to Tyler D. Martin of McHenry, who was found dead in his apartment on Oct. 24, 2020, court records show. An autopsy showed he died from a fentanyl overdose.
Martin's mom and two sisters were in the courtroom when Maly pleaded guilty Thursday.
Martin's older sister Jacquelinn Munson read a statement from the family.
She began by saying that on the day her brother was found by another sister - "the worst morning of our lives" - she knew it was Maly who was "responsible."
Munson, reading from a prepared statement, said Maly took her brother away from his young son and has "no pain or remorse whatsoever."
She said Maly is "slipping away without the rightful charges despite our evidence."
In recent months, Maly had tried to be released from the county jail under the SAFE-T Act, but that was denied.
While in jail, where he has been held since March 2021, he has been reprimanded by a judge and lost his phone privileges for violating court orders by making more than 800 phone calls to a co-defendant, authorities said.
He also attempted to have his case thrown out, alleging a detective on the case lied to the grand jury, resulting in the charges.
"You have been playing games for the last three years, and it isn't right," Munson said. "You have made the ultimate mistake and have been trying to take down everyone around you just to make yourself look better. Well, it hasn't worked. We see right through you, John."
Calling her brother honorable, loyal and adored, Munson told Maly: "I hope that while you are locked up you think of Tyler. I hope you see his contagious smile. I hope you hear his laugh and him singing along to every song."
She said she hoped he comes out of this experience a "changed man" and realizes how lucky he is to be alive and to have a second chance "to make things right in your life."