Manslaughter plea closes overdose case

An Algonquin man who won a new trial in the 2002 overdose death of a Barrington teen pleaded guilty Tuesday and brought his criminal case to an end.

Paul Hoerer, 32, pleaded guilty to involuntary manslaughter -- one of the charges he was convicted of in 2005 -- during a hearing before Lake County Circuit Judge James Booras.

The move largely was administrative, as Hoerer already has completed the five-year prison term he was originally sentenced to, and will not spend additional time behind bars.

In a negotiation with Hoerer's attorney, Scott Sherwin of Chicago, Assistant State's Attorney Bolling Haxall dropped the delivery of a controlled substance charge Hoerer also was found guilty of at his original trial.

Hoerer and Joshua Boand, 31, were charged in connection with the May 27, 2002, overdose death of Nicole Levin, 19.

Levin died after ingesting methadone Boand provided for her and a Vicodin tablet Hoerer originally was convicted of giving her.

Boand was found guilty in 2004 of drug-induced homicide and sentenced to 20 years in prison. Two years later, an appellate court threw out that conviction and sentence when it ruled prior incidents of sexual misconduct for which Boand never was charged should not have been part of his trial in the Levin case.

Boand returned to court in November 2006, pleaded guilty to the same offense and was re-sentenced to 14 years in prison.

Hoerer was convicted of giving Levin the Vicodin and not coming to her aid when it was clear she was overdosing.

He was found not guilty of criminal sexual assault for having sex with her after she had consumed the drugs.

In July, an appellate court threw out Hoerer's original conviction by ruling he was unfairly convicted because of some of the testimony admitted at his trial.

The court found evidence of Boand's prior sexual misconduct should have not been a part of Hoerer's trial, and jurors should not have been told Hoerer entered into plea negotiations prior to going to trial.