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MAN SENTENCED IN OVERDOSE DEATH

On March 20, 2020, The Montgomery County Sheriff’s Office was dispatched to the 15000 Block of West Gate Road in Splendora, Texas in reference to a welfare check. Upon arrival, Deputies learned that Donal Yarbrough,
inside of the residence was deceased, from an overdose of an unknown narcotic. Detectives with the Montgomery County Narcotics Enforcement Team was notified and began assisting in the investigation.
During the investigation, it was discovered the Yarbrough ingested the opiate methadone, a controlled substance, which ultimately led to his death. Detectives were able to identify Robert Thomas Fye of
Kingwood, as the person who illegally provided the decedent with the methadone. On June 22, 2020, Detectives arrested Fye for Manufacture or Delivery of a Controlled Substance Causing Death or Serious
Bodily Injury. On October 15, 2020, Judge Hamilton sentenced Fye to 10-years of Deferred Adjudication Community Supervision and $485.00 in court costs. He has many restrictions including committing other offenses, alcohol, or drugs. Deferred adjudication is usually offered to first-time offenders. It is typically a better deal than regular community supervision because if a person finishes the term successfully, the person does not have a conviction. A conviction is a loose legal term that means a finding of guilt. A successfully completed deferred adjudication often can be sealed from public view with a non-disclosure.
Deferred adjudication cannot be granted by a jury. So once a defendant elects to go to trial, deferred adjudication is not a possible punishment. Deferred Adjudication does not disappear if the terms are successfully completed. Rather, one must file a petition for Non-Disclosure to seal the record. Some offenses are not even eligible for non-disclosure. Additionally, with a felony charge, one will also have to wait five years from the day one finishes the probation before one can file for non-disclosure.

If a person on deferred adjudication does not comply with the conditions of his community supervision, the D.A. may ask the judge to “adjudicate” (find guilty) the person and put them in jail or prison. If the judge decides to adjudicate the person, the person can be sentenced to any term in the statutory range.

In 2019, the MOCONET task force began investigating opiate overdoses with the goal of arresting individuals responsible for illegally supplying narcotics to the citizens of Montgomery County. As a result
of this investigation strategy, MOCONET has arrested three suspects for the Manufacture or Delivery of a Controlled Substance Causing Death or Serious Bodily Injury. The Montgomery County Narcotics Enforcement Task Force is a cooperative multi-agency task force that consists of law enforcement agencies from, Montgomery County Sheriff’s Office, Walker County Sheriff’s Office, Montgomery County Precinct 4 Constables Offices, Texas Department of Public Safety-CID, Montgomery County District Attorney’s Office, Walker County District Attorney’s Office, and Homeland Security Investigations. Participating agencies recognized that a special collaborative effort was necessary to more effectively combat the drug distribution and collection of drug proceeds throughout the area. If you have any information on those who are selling illegal narcotics, you are encouraged to contact MultiCounty Crime Stoppers at 1-800-392- STOP (7867) or you can report tips anonymously at
www.Stopdrugsmontgomerycounty.org