Anderson sentenced to 5 years in heroin overdose, drug sale cases

Published 10:15 am Friday, December 16, 2016

Anderson

Anderson

A 24-year-old Austin man convicted of manslaughter in a heroin overdose death and of selling narcotics in a school zone was sentenced to five years in prison in Mower County District Court Thursday.

Ryan Allen Anderson was sentenced to five years in prison for felony second-degree sale of a narcotics in a school zone, and he was sentenced to a concurrent sentence — meaning it’s served at the same time — of four years in prison for second-degree manslaughter in the overdose death of 23-year-old Tyler Burkey.

Anderson received credit for 287 days served.

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In the drug case, Anderson sold just under half a gram of heroin to a confidential informant on Feb. 26 in the Godfather’s Pizza lot, which is in a school zone near Austin High School.

In the manslaughter case, Anderson was originally charged with third-degree murder in March for the Dec. 18, 2015, incident on the 700 block of 11th Avenue Southwest, where police responded to a 23-year-old found unconscious in a bathroom. Anderson would later take a plea agreement for second-degree man slaughter.

According to the court complaint, officers found Burkey of Austin lying unresponsive after family members had moved him in an attempt to revive him.

Emergency personnel could not revive Burkey, who was pronounced dead. A Mayo Clinic autopsy revealed the cause was a heroin overdose.

The family members told officers they found him unconscious in the bathroom with a hypodermic needle near his feet and signs he had used drugs. Officers also collected several more items from the bathroom and his bedroom consistent with drug use as well as Burkey’s cell phone.

Text messages on Dec. 17, 2015, revealed he was looking to buy heroin and negotiated a purchase with Anderson.

Anderson visited Burkey’s house that day and met with him later that night at a different Austin house, which has been associated with heroin activity.

Officers later found Anderson’s pattern would be to receive money first and then return later with the drugs, requiring two meetings between seller and buyer.

Burkey had also texted another alleged drug dealer about no longer needing drugs and no other drug-related texts were on his phone after meeting with Anderson.

Family members told officers he left the residence at times consistent with text messages to Anderson. He then returned home for the rest of the night and watched TV before reportedly waking at some point early on Dec. 18 and using the drugs in the bathroom.

In a third drug sale case, police executed a search warrant on March 3 at an Austin residence, also an in-home daycare, and found drug paraphernalia, a “Brillo” pad and other drug-related items.

Those charges were dismissed.