The Chesterton man who was given 60 days to wean himself off methadone or
face a possible 20 year sentence for selling heroin to a 16-year-old girl
whom he’d met at the skate park has apparently been unable to get himself
clean, the Porter County Prosecuting Attorney’s Office said.
Joseph T. Draus, 32, of 1512 Westchester Ave., is now scheduled to be
sentenced by Porter Circuit Court Judge Mary Harper on Sept. 14, Deputy
Prosecuting Attorney Cheryl Polarek told the Chesterton Tribune
today.
In June, Harper gave Draus 60 days to kick the methadone, at a rate of one
milligram per day from a dosage at the time of 57 milligrams per day,
Polarek said. Being drug-free is a condition of acceptance into Respite
House, a halfway facility in Valparaiso for drug offenders, and Draus may
not be accepted into Drug Court until he’s both off the methadone and in a
halfway house, Polarek explained.
But Draus has failed drug testing and is not currently eligible for Respite
House or Drug Court, the latter an intensely supervised treatment program
requiring frequent drug tests and court and probation appearances, Polarek
said.
Other options are being “explored” in advance of Draus’ Sept. 14 sentencing,
Polarek added, but at the moment he’s facing a six- to 20-year term on a
Class B felony charge of dealing in a narcotic drug.
Draus agreed to plead to that charge, with the possibility of being ordered
into Drug Court should he meet the conditions, after originally being
charged with a Class A felony of dealing in a narcotic drug. Class A
felonies are punishable by a term of 20 to 50 years. He was also originally
charged with contributing to the delinquency of a minor, a Class C felony
charge punishable by a term of two to eight years; and to maintaining a
common nuisance, dealing in marijuana, and possession of paraphernalia, all
Class D felonies punishable by a term of six years to three years.
The investigation into Draus began on Nov. 1, 2009, when a confidential
source (CS) advised agents of the Porter County Drug Task Force (DTF) that a
16-year-old girl of his acquaintance was planning to purchase heroin from
her Chesterton supplier and promised to purchase heroin for him as well, DTF
said.
A surveillance operation was conducted by DTF while an undercover officer
and the CS met the girl, who refused to identify her supplier. The
undercover officer, however, drove both the girl and the CS to the area of
14th Street and Portage Ave. and dropped them off there, with the
understanding that the girl would then walk to her dealer and make the buy,
DTF said.
The girl was under surveillance the entire time and was seen entering and
exiting Draus’ residence, DTF said. She then returned to the CS and
delivered one small packet of heroin to the CS and the undercover officer,
whose vehicle was then stopped by Chesterton Police in a previously
coordinated arrangement.
When interviewed by Lt. Jeff Biggs of the DTF, the girl identified her
heroin dealer as Draus and indicated that she had never used heroin before
being introduced to the drug by Draus, DTF said.
“The juvenile stated that she met Draus at the skate park in Chesterton,”
DTF said. “At the park Draus befriended her and began conversations about
drugs. He provided his phone number to her and told her to call if she ever
wanted to buy heroin.”
“A couple of weeks after she met Draus, the juvenile called him to inquire
about purchasing heroin,” DTF said.
“He directed her to his residence, where he sold her heroin. After she
purchased her first amount of heroin, Draus showed her how to smash it up
with the bottom of a lighter. He then showed her how to line up the crushed
heroin and then snort it with a rolled up bill.”
“Since she has met Draus, she believes that she has been to his house on 10
different occasions to purchase heroin,” DTF said. “On every occasion, the
juvenile stated that Draus had her snort heroin in his house off the coffee
table in his bedroom.”
Draus was taken into custody on Nov. 2, 2009, and evidence recovered from
his bedroom “indicated heroin use” and “a small marijuana-grow operation,”
DTF said.
A Burns Harbor resident has been charged with conspiracy to commit dealing
in a narcotic drug, the Porter County Drug Task Force said.
Robert Wayne Bowen, 27, of 354 Shadyside Road, agreed to sell a quantity of
cocaine to an undercover officer, Lt. Jeff Biggs of the Drug Task Force told
the Chesterton Tribune today.
“He basically stiffed us,” however, Biggs said, after money was exchanged in
the deal but Bowen failed to provide the undercover officer with the
cocaine.
Conspiracy to commit dealing in a narcotic drug is a Class B felony
punishable by a term of six to 20 years.
Bowen was booked into the Porter County Jail at 8 p.m. Wednesday, the PCSP
said.