SMETHPORT — A Bradford woman accused of giving her boyfriend the fentanyl patch that caused his overdose death has pleaded guilty.
Amber M. McKinney, 36, entered the plea Thursday in McKean County Court to one count each of possession with the intent to deliver a controlled substance, a felony; and involuntary manslaughter, a first-degree misdemeanor.
On Oct. 14, 2016, McKinney awoke to find 25-year-old Derek Clay of Driftwood dead after the pair had chewed a patch together sometime in the late hours of Oct. 13, 2016, into the early morning hours of Oct. 14, 2016, according to testimony provided in a preliminary hearing for codefendant Roberto H. Perez, 56, of Bradford.
At her last day to plea conference Oct. 12, McKinney told President Judge John Pavlock that she wanted the case to be listed for trial.
On Thursday, Pavlock agreed to deviate from the court’s policy and accept a plea agreement after her last day to plea. As part of the plea agreement 12 other counts against McKinney will be dropped, including one count each of drug delivery resulting in death, tampering with physical evidence and drug delivery and multiple counts of conspiracy to deliver, recklessly endangering another person and possession of a controlled substance.
McKinney will no longer have a trial for Feb. 5-7; however, a trial for Perez is now scheduled for that time.
As part of the plea agreement, McKinney agreed that she would not be sentenced until Feb. 15, according to District Attorney Stephanie Vettenburg-Shaffer.
Before McKinney entered her plea, Shaffer had her sworn in and swear that she was Amber McKinney.
Shaffer then outlined the information to which McKinney was agreeing by pleading guilty.
According to Shaffer, between Oct. 10 and 14 in 2016, McKinney purchased fentanyl patches from Perez in exchange for favors or cash. She would text Perez to arrange the time and location, and he would leave the patches in an area of his house or truck, and she would pick them up and leave cash.
McKinney would cut the patches into strips, keeping some and giving some to Clay, Shaffer related.
On Oct. 13, 2016, McKinney obtained fentanyl, cut strips, kept some and gave some to Clay, and “Derek Clay died from the adverse effects from those strips,” Shaffer said.
McKinney is represented by Public Defender Phil Clabaugh. She remains incarcerated in lieu of $500,000 bail in the case.