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2 plead not guilty to causing man's death with heroin, report says

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The pair were offered sentences of 10 years and seven years in exchange for guilty pleas, according to the report

scourhouse.jpgThe Sussex County Judicial Center in Newton. (Star-Ledger file photo)

NEWTON -- Two Sussex Borough men pleaded not guilty at their arraignments Monday on charges that they sold the heroin to a Wantage man that caused his death, according to an account in the New Jersey Herald.

As previously reported by NJ Advance Media, Edward Bochinski, 32, and Steven Smith, 29, were charged with strict liability in a drug inducted death in connection with a man who died of a heroin overdose in Wantage on Aug. 20. Smith gave the heroin to Bochinski, who then distributed it to the victim, according to prosecutors.

The name of the victim has not been released. Sussex First Assistant Prosecutor Gregory Muelle has said his office is not releasing the name of the man "at the request of the victim's family."

During Monday's arraignment in Superior Court in Newton, prosecutors announced they have offered a 10-year sentence to Smith, and a seven-year sentence to Bochinski, in exchage for guilty pleas, the Herald said. It reported that both were indicted on May 26.

Strict liability in a drug-induced death carries a maximum penalty of 20 years in prison.

The charge had been rarely employed until the past few years, when the state attorney general's office recommended more frequent use of the law to combat the state's heroin epidemic.

The law can apply to those who share a drug, along with those who sell it, although Muelller has said in this instance, ""The allegation is that the drugs were sold to the victim, not shared."

Ben Horowitz may be reached at bhorowitz@njadvancemedia.com. Follow him on Twitter @HorowitzBen. Find NJ.com on Facebook.


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