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Monday, May 2, 2016

Area man enters plea agreement

Thursday, May 19, 2011

(Photo)
Cody Sebade
One of the young men allegedly involved in the Fentanyl overdose of a local high school student on New Year's Day 2010, recently entered into a negotiated agreement to pled guilty to his involvement.

On Tuesday, Cody Levi Sebade, 19, Clay City, was sentenced to a term of six years at the Indiana Department of Correction (IDOC) for his involvement in the death of 17-year-old Clay City High School Junior Haley Bryan.

Bryan was pronounced dead at St. Vincent's Clay Hospital after smoking the contents of a Fentanyl patch officials allege was stolen by Sebade, Jessie Sowers, 18, Bowling Green, and an undisclosed juvenile.

Within a few minutes of ingestion, Bryan apparently showed symptoms of an overdose and lost consciousness. During questioning, investigators were told the individuals drove around county roads in the Clay City and Bowling Green area for almost an hour before deciding to take Bryan to the hospital at 7:30 p.m.

After a review of the three suspect's phone records, no evidence of an attempt to report the incident to the Clay County 911 Dispatch Center was discovered during the investigation.

Sebade, 17 at the time of his arrest, was preliminarily charged as a juvenile and then later waived into adult court in the case.

His charges initially included class B felony dealing in a Schedule I Controlled Substance, D Felony Possession of Controlled Substance, D Felony Theft and D Felony Maintaining a Common Nuisance.

On March 21, Sebade's attorney Geoffrey Creason and the Clay County Prosecutor's Office entered a negotiated plea agreement in Clay Circuit Court.

The agreement was for Sebade to enter a guilty plea on the class B felony Dealing in a Schedule II Controlled Substance and the class D Felony Maintaining a Common Nuisance, while the remaining charges would be dropped by the prosecutor's office.

On Tuesday, Circuit Court Judge Joseph Trout accepted Sebade's voluntary guilty plea and sentenced him to the terms of the negotiated plea agreement.

Sebade will "fully execute" the six year sentence for count one and four years (to run concurrent with the first sentence), the maximum penalty allowed under the terms of the plea agreement.

Trout allowed Sebade good time credit, if earned, and credit for the 506 actual days he previously served.

Sebade was fined $10 and court costs of $164, ordered to pay $200 drug-interdiction fee and a DNA sample, which will be processed and retained pursuant to Indiana law. He was remanded into the custody at the Clay County Sheriff's Department to await IDOC processing.

Sowers is currently awaiting further court proceedings in the case, which is scheduled for a jury trial in August.

Details about the juvenile involved in the case are sealed.



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