A Nashville man was sentenced to serve 10 years in prison after pleading guilty to two Level 2 felonies for dealing drugs that resulted in fatal overdoses last year.
Ryne Franks, 28, pleaded guilty to two counts of dealing in a controlled substance resulting in death on Nov. 29.
In exchange for his guilty plea, Franks received a 17 and a half year sentence, which is the advisory sentence for a Level 2 felony, but as part of his guilty plea he will serve 10 years of that sentence in the Indiana Department of Corrections.
Franks was charged with the high-level felonies following two overdose deaths the summer of 2020.
The first death was reported on May 18, 2020. Police began investigating Franks after the fatal overdose occurred in Helmsburg. Det. Paul Henderson with the Brown County Sheriff’s Department reported finding evidence on Franks’ Facebook Messenger that he sold drugs to the victim who died of an overdose less than two hours later.
Coroner Earl Piper said the victim had six times the “therapeutic” level of fentanyl in his system. He called it an accidental overdose.
Henderson initiated the investigation into Franks selling narcotics after that incident and “several others,” he wrote in the initial probable-cause affidavit.
The overdose victim had fentanyl, morphine and “designer opioids” in his system when he passed, Henderson reported.
Later, the Brown County Prosecutor’s Office amended the charges against Franks to include an additional Level 2 felony for dealing resulting in death in the case of a second fatal overdose death that happened on June 3, 2020.
Judge Mary Wertz allowed Franks the opportunity to participate in the Recovery While Incarcerated program, which is an intensive, internal substance abuse programming and counseling offered within the DOC to qualified inmates.
Successful participation would allow Franks an opportunity to modify his sentence, if he successfully completes the years-long programming, according to a press release from the prosecutor’s office.
“These are exceptionally hard cases to prove,” Prosecutor Ted Adams said in the press release.
“You are usually relying upon the testimony and recollection of persons addicted to and high on narcotics. Det. Paul Henderson worked his tail off to narrow the timeline of when the drugs were purchased to when our victims overdosed and emergency services were alerted. I applaud Detective Henderson for his outstanding work and I send my prayers to the families who lost loved ones.”
Adams said it was the first time the Brown County Prosecutor’s Office utilized the relatively new criminal statute to charge Franks with Level 2 felonies for dealing in a controlled substance resulting in death.
“It currently is being tested by my former criminal defense firm, constitutionally, through our Indiana Court of Appeals. I suspect it will make its way to the Indiana Supreme Court. It is an extremely important issue,” Adams said.
Frank was represented by public defender Jacob Moore. When reached for comment last week, Moore said he sympathized with “the General Assembly’s intent” when creating this new criminal statute, but that he questioned it.
“I’ve seen too many lives devastated, or even ended, by drug abuse. But this statute’s wording calls its Constitutionality into serious question,” Moore said.
“For the moment, at least, it’s the law of the land. As such, this plea can move forward. Mr. Franks had to weigh a lot of factors including the pain a trial would have caused all concerned and decided to proceed with the plea.”
A Level 2 Felony carries a possible penalty of 10 to 30 years with the advisory sentence of 17 and a half years.
Since Franks had no prior criminal history and very little aggravating factors, Adams explained to the victims’ families that successfully arguing for anything over 17 and a half years would most likely not happen.
“Franks was emotionally contrite. The victims’ families were also incredibly forgiving. Nobody wins in such a situation,” Adams said.
“I was deeply impressed with the victims’ families and with how they were able to forgive.”
On Nov. 29, Franks also pleaded guilty to an additional Level 6 felony for possession of a narcotic drug in a separate case.
He also pleaded guilty to a Level 6 felony obstruction of justice charge and received an additional year on his sentence. Franks and his sister Tiffany were both charged with the Level 6 felonies this summer after Ryne asked Tiffany and another man to intimidate one of the state’s witnesses in the Level 2 felony case.
A change of plea hearing was scheduled for February next year in Tiffany Franks’ obstruction of justice case.
“Det. Henderson and I have a top five list with regards to dealers in the county. He (Franks) occupied the No. 1 spot for quite some time,” Adams said.
“I am happy to report that it is time to generate a new top five list.”
