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People v. Boand9/30/2005
de and intentionally overdosing on alcohol and prescription medication.
Two days before her death, Levin, Shepherd, Paul Hoerer, and a person named Jason went to a drug party, where they ingested cocaine, marijuana, and muscle relaxers. Levin and Hoerer left to purchase more drugs, but Levin veered off the road and struck a tree, destroying her new car. Levin was treated for chest and back pain and released from the hospital. Hoerer also was treated.
On May 26, 2002, the date of the incident, Levin and Shepherd retrieved some of Levin's personal belongings from the car and returned to Levin's home, where they prepared to go out for the evening. Shepherd testified that Levin was noticeably upset about her recent breakup with her boyfriend and the damage to her car. Shepherd testified that Levin declared that " he had nothing left to live for." In contrast, Levin's father testified that his daughter did not appear suicidal on the night of her death and, in fact, she expressed enthusiasm for her recent decision to enroll in nursing school.
Later that evening, Levin, Shepherd, and Hoerer went to the home of Hoerer's cousin where they all smoked marijuana. Levin also ingested Vicodin that Hoerer had been prescribed for injuries suffered in the car accident. Defendant and Jennifer Donfris, with whom he lived, arrived at the party a short time later. Defendant and Shepherd had dated briefly two years earlier. Defendant testified that, while they dated, he and Shepherd shared drugs and engaged in consensual sexual intercourse. Hoerer, who had been friends with defendant since childhood, testified that defendant told him that he planned to have sex with Shepherd that night and would "make it happen if he could get her back to his house." Hoerer waited approximately one year before disclosing defendant's statement to the police.
Shepherd, Levin, defendant, and Hoerer went to defendant's home between 8 and 9 p.m. Hoerer testified that the group went to defendant's home because Levin was "expressing * in rather strong terms" that she wanted cocaine and defendant told her that he could provide it. Shepherd testified that she, not Levin, wanted drugs.
There is further dispute as to what occurred next. Shepherd testified that the four sat in defendant's living room, where defendant walked to a bookshelf and retrieved a hollowed-out book and a gray lockbox. Defendant removed some small bottles from the lockbox, placed them on a glass table, and told the group that the bottles contained methadone and that methadone is a safer form of heroin. According to Shepherd, she drank only half of her bottle because she disliked the taste. The other three each drank an entire bottle, and when Shepherd placed her half-full bottle on the table, Levin grabbed it and ingested the remaining methadone in that bottle as well. Hoerer corroborated this portion of Shepherd's testimony.
Defendant admitted that he had been prescribed methadone to treat his heroin addiction and that he stored the bottles in the lockbox and the book. Defendant testified that he provided the group pills, but he denied providing any of the methadone that was ingested on the night of Levin's death. Defendant explained that he always left the key in the lock of the box and that Levin must have taken the methadone without his knowledge or permission.
Shepherd and Hoerer testified that Levin was disappointed and angry because the methadone was not getting her high enough. Levin became irate and demanded more drugs, including crack cocaine. Shepherd became uncomfortable with Levin's demands, so she left the party with defendant and went to the west side of Chicago, where they traded some of
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