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Last updated on Thursday, May 23, 2013
(BEDFORD) - It only took an hour for a Lawrence Superior Court I jury to determine that Michael Dustin Moore delivered the lethal dose of heroin that killed William Alan Napier on April 11, 2010.
Moore was found guilty of dealing in a Schedule I controlled substance, a Class B felony.
Public Defender Lorinda Youngcourt asked that Moore be allowed to remain out of jail on bond until his sentencing or to be placed on electronic monitoring.
Judge Michael Robbins denied that request and ordered Moore be returned to the Lawrence County Jail until his sentencing on June 11 at 2 p.m. . He faces six to 20 years in prison and up to a $10,000 fine.
"This is bitter sweet," says Lawrence County Prosecutor Michelle Woodward. "My job is to hold people accountable for their actions. It is not pleasant, but my job has been done."
Woodward proved that Napier was given the lethal injection by Moore at the home of Dayna Sorrells.
Sorrells and her friend Kristy Byers Fountain started their evening hanging out with Napier. Sorrells testified that she had been drinking and taking prescription drugs that night before the two women went to Jack's Lounge, looking for free drinks and more drugs. That is where they meet up with Gerald "Pappy" Pickett and Moore, who were attempting to get rid of some drugs they had purchased in Louisville earlier in the day. The five then left the bar and went to Sorrells rented home on West Brook Street.
Pickett was arrested at the same time as Moore and charged with dealing in a schedule I controlled substance, but died before he was brought to trial.
At the home Sorrells testified that she injected some of the heroin, that Pickett provided, in her bathroom.
She testified that Napier was also wanting to take some of the heroin but wanted someone to inject him with it.
Pickett was unable to inject Napier because he was crippled and shaky. But Sorrells testified that she didn't see Moore inject Naper because she had "black out drunk."
Fountain testified to similar events and also admitted to drinking and taking prescription medication. Pickett refused to allow Fountain to have any of the heroin, because he didn't like her, even through Napier wanted to share.
At some point Pickett pulled out the heroin, put it in a spoon, added water and heated it up. It was drawn into a needle, and that is when the prosecution claimed Moore kneeled beside Napier and administered the drug, even though both women testified they did not see Moore give Napier the injection.
The four then left and went back to Jack's leaving Napier behind.
After the bar closed the four along with Rath Coulter returned to Sorrells' home to find Napier lying on a cot not breathing and called 911.
Napier was taken to what was then Dunn Memorial Hospital where he was pronounced dead at 4:37 a.m.
After an autopsy, Forensic Pathologist James Jacobi determined Napier died from a heroin overdose.
Jacobi testified that he did take skin sampled from two different injection sites he found on Napier's body and to have tested for heroin. The samples were taken after Napier's body had been embalmed.
Jacobi testified that the results came back claiming "the samples were insufficient for testing".
During closing arguments Youngcourt painted a different explanation for jurors on the incidents that happened the day Napier died and that there was no physical proof on who injected Napier with the heroin.
Youngcourt believes Fountain, who is a registered nurse, was the one who injected Napir with the drug. Fountain took Napier vitals before leaving for Jack's.
"She is a really smart woman and she immediately distanced herself from the case," Youngcourt told the jury. "I believe she knew Alan was dead before they went back to Jacks and that is why she didn't return after they had went back to Jack's."
Youngcourt also told the jury that police didn't search for the truth.
"They never searched for the truth in this case they took the statement of the first person who opened their mouth and that was Johnny Jones," Youngcourt said.
Kristy Fountain lives with Jones, and "she was smart enough to use her get out of jail free card."
Allegedly Fountain told Jones that Moore had administered the drugs. Then Jones told police.
She claims detectives repeatedly promised Moore he would not be charged and he only confessed after detectives repeatedly told him they already knew the truth. The officers also promised Moore he wouldn't be charged.
"They told (Moore) they knew the whole scenario," Youngcourt said. And it was the detectives who demonstrated and showed Moore "the truth," she added.
"They told him to choose between being a witness or being a defendant," Youngcourt said. "So, yes, Dustin Moore said, 'I gave him the shot.'"
The attorney went on to explain the truth detectives referenced came from the "Mitchell rumor mill."
"She's the one who got the get out of jail free card," Youngcourt said. "The rumor mill truth is not the truth beyond a reasonable doubt."
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