In the same Beach Park home where a Schaumburg man fatally overdosed on heroin in January, authorities said another man had overdosed in September, but survived after rescue personnel were called.
James Spencer, 47, and his son, Mason Spencer, 21, both lived in the Loyola Avenue home where the overdoses occurred. Both have pleaded guilty to obstructing justice in the Jan. 10 death of 21-year-old Russell Eilrich, who was found dead in his car in Beach Park.
After Eilrich overdosed in the home, authorities said the Spencers placed him in the back seat of his car and drove it about a block away, where he was later found dead.
In contrast, a 911 call on Sept. 17 led to the revival of a 25-year-old overdose victim when Newport Township Fire Protection District personnel used the opioid-counteracting drug naloxone, also known as Narcan.
No one was charged in the September overdose because of the state’s Good Samaritan Law, which provides certain protections to those who call for help after someone has overdosed, according to Lake County State’s Attorney Michael Nerheim.
Nerheim said the two overdoses at the Spencer’s home illustrate the importance of spreading awareness of the Good Samaritan Law and the use of naloxone.
“Hopefully this case will highlight that there is that law,” Nerheim said.
According to a Lake County Sheriff’s report, the 25-year-old had snorted a bag of heroin in a bathroom of the home. Authorities said both James and Mason Spencer were present, but it was a female in the home who called 911, according to sheriff’s reports.
Nerheim said the Good Samaritan Law provides immunity against felony drug charges to those who call for help in the case of an overdose.
More Top Picks Best Migraine Glasses For Light Sensitivity
A dealer who provided drugs to someone who subsequently dies may still be charged with drug-induced homicide, but Nerheim said his office uses discretion in all cases involving voluntary rescue calls.
Callers could still be charged with possession of paraphernalia, but Nerheim said police and the state’s attorney’s office use wide discretion in such cases.
At Mason Spencer’s April sentencing hearing, Eilrich’s father, Tim Eilrich, referenced the earlier overdose at the Spencers’ home.
Tim Eilrich said his son’s death could have been avoided by a simple call for help and believes the Spencers “knew about the Good Samaritan Law.” He said his son might have been saved by a naloxone shot.
At James Spencer’s Monday sentencing, Tim Eilrich again stressed how the family anguishes over the difference a 911 call could have made.
“We’ll always think that we were three digits away from seeing his wonderful smile again, but now that will always be gone as long as we live,” he said.
Eric Rinehart, defense attorney for James Spencer, said Wednesday his client did not know Eilrich had overdosed until after he believed him to be dead.
“If he had known what was going on he would have certainly called 911, as his family did in the September incident,” Rinehart said. “All of the information I have about this incident is that, unfortunately, Russell had passed before Jim was alerted to anything.”
Attempts to reach Mason Spencer’s attorney, Jeff Facklam, were unsuccessful.
James Spencer was sentenced to 12 months probation and six months of work release through a plea deal. He was given credit for time already spent in Lake County Jail and is expected to be freed from work release in about 60 days, officials said.
He must also undergo drug treatment evaluation and random drug testing throughout his year of probation. He may not drink alcohol or be in establishments that primarily serve alcohol. He will also be required to perform 200 hours of public service and pay $2,171 in court costs and fines.
Mason Spencer was sentenced to one year of felony probation, random drug testing, mandatory substance abuse treatment and 100 hours of public service.
Judge Patricia Fix also sentenced Mason Spencer to 12 months of work release probation, but that sentenced will be dismissed in lieu of time served in jail as long as he complies with all conditions of his probation.
Twitter @jimnewton5