Brecke gets 2 years in heroin overdose case

By RICHARD JENKINS

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Bessemer - Judge Roy Gotham sentenced Martin Henry Brecke, 33, of Ironwood, to 24 months in prison in circuit court Monday.

"Mr. Brecke, you provided an illicit substance to a person, a human being, that contributed to his death - his immediate death. Now, the criminal law - not as a matter of retribution, rather simply as a matter of accountability - requires that there will be consequences for your actions," Gotham said, while handing down the sentence.

Brecke pleaded guilty to involuntary manslaughter on Nov. 10 in connection with the July 7 overdose death of Patrick Mullen, 32.

A second felony count of delivery of heroin, resulting in death, was dismissed as part of Brecke's plea deal.

While the involuntary manslaughter charge carries a maximum sentence of 15 years in prison and/or a $7,500 forfeiture, the plea agreement stipulated a minimum sentence of 24 months. The guidelines provided by the Michigan Department of Corrections list 12 to 24 months as a sentence, with a recommendation of 12 months.

Prior to the sentencing, both attorneys in the case, Brecke and a representative of Mullen's family addressed the court.

David Mullen, Patrick's younger brother, spoke of the loss his family suffered and the impact Brecke's actions have had.

"It's obvious there were decisions made by both parties that night that led to the outcome of the events that took place. With that being said, in no way, shape or form did my brother, Pat, want to die that night," Mullen said. "What my family is struggling the most with, your Honor, is instead of Mr. Brecke calling an ambulance like anybody over the age of 3 is taught to do, he drug my brother's body out of his house, through his yard and loaded him up into a truck and dumped him on my dad's doorstep.

"It's my family's thought that every day he spends in jail, or incarcerated, is one day that there is one less drug dealer on the streets," Mullen said, noting Brecke had a reputation as someone who could get a variety of illegal narcotics.

Mullen also said while his brother had flaws, he is missed by those who knew him.

"My brother, Pat, as troubled as he was at drinking sometimes and as troubled as he was at being a decision-maker, he was a kind-hearted, genuine young man and father of two, and he will be missed by everybody that I know for a long time to come."

After a brief statement from his attorney, Jesse Monville, Brecke addressed the court and apologized for those he hurt.

"I would like to apologize to the Mullen family, as well as anyone else that this has affected. It was never my intention for anyone to get hurt in any way," Brecke said, noting he and Patrick were very close friends and that he is "forever changed" by Mullen's death.

Brecke also acknowledged he should have called 911.

"I was in a very panicked state and thought bringing him home to his family was the best thing to do," Brecke said, before apologizing to Mullen's family again.

After both parties had a chance to speak, Gotham discussed the factors that went into the sentence, noting while it's important to hear from victim's family during sentencing, they don't decide the sentence.

"... Sentencing in this state, and this nation, is not a matter of retribution. It's not the the old 'eye for an eye' thing. Justice demands (a) much deeper approach to sentencing proceedings," he said.

"It's also abundantly clear, the sentence imposed by the court - and for that matter the prosecution and conviction itself - is a tragedy. It's compounding the tragedy of Pat Mullen's death," Gotham said, adding the victim's mother said as much in a letter she wrote to the court. "It would be a matter of adding a tragedy to a tragedy to send Mr. Brecke to prison. I'm mindful of that."

Gotham also noted that given the nature of addictive drugs, no part of the case was likely to deter future use.

He said while there were similarities to a scenario where two teens drink and drive and the passenger winds up getting killed in a crash, the case was different.

"In this case, there were illicit substances from the beginning, that (Brecke) provided to your friend, Patrick. It is for these reasons that I will follow the plea agreement."

In addition to the 24 months, Gotham imposed $598 in fees and costs, as well as $5,422 in restitution.

The restitution will be split, with $1,108 going to Gogebic County for the cost of transportation to the autopsy and the remainder going to the family for the medical bills when Mullen died.

Brecke was credited for time served in jail, meaning the 24 months will be reduced by 188 days.

Gotham wished Brecke luck and said he hoped his life turned around before adjourning court.

"You'll be back (out of prison) shortly enough and we can only hope, Martin, that your buddy's death changes your life in a positive way, so that you avoid those kind of things happening to you in the future."