SMETHPORT — Larry Shroyer will serve 53 to 106 months in state prison for delivering a mix of butyryl fentanyl and heroin in 2015 to 25-year-old George Duke Jr., causing Duke’s death, and then hiding from police.

Shroyer, 48, was sentenced Thursday in McKean County Court before President Judge John Pavlock.

Duke died after ingesting a mix of butyryl fentanyl and heroin in November 2015. A jury found Shroyer guilty Oct. 31 of allegations that he sold the drug to Duke.

The jury found Shroyer guilty of the following charges: delivery of heroin, conspiracy to deliver a designer drug, conspiracy to deliver heroin, distributing a designer drug, possession of heroin, recklessly endangering another person and flight to avoid apprehension.

Jury deliberation on a charge of involuntary manslaughter ended in a mistrial on that charge alone.

Pavlock also ordered that Shroyer pay $12,010 in restitution and receive mental health and drug & alcohol evaluations. He is to have no contact with the codefendants, or with the victim’s immediate family. He has credit for 745 days of time served.

In her comments to Pavlock prior to sentencing, District Attorney Stephanie Vettenburg-Shaffer reviewed highlights from the trial, which was held Oct. 28-31 before Pavlock.

Shaffer described the “business operation” with James Luper at the top, packaging drugs. Luper conspired in drug deliveries with Rachel Reid, who sold drugs to Shroyer, who sold to Duke.

Luper and Reid pleaded guilty and are currently serving prison time.

Shaffer explained that, had Shroyer sold the butyryl fentanyl/heroin mix just nine months later, he would have been charged with drug delivery resulting in death — a charge with a more severe punishment. It was nine months after Duke’s death that the legislature made the drug a Schedule I controlled substance.

Shaffer said Shroyer was aware that Duke was a recovering addict, as well as how potent the butyryl fentanyl mix was that he sold to Duke.

After learning of the charges, Shroyer hid from police from Nov. 10-21, 2017, to avoid apprehension, Shaffer said.

The “gravity to the victim,” Shaffer said, “cannot be overstated.” She said Shroyer “was playing Russian Roulette by selling drugs,” and when Duke died, Shroyer showed a “lack of remorse.”

Shaffer asked Pavlock to consider giving an aggravated sentence for the charge of delivery of heroin. She asked Pavlock to give a total sentence for all charges of 90 to 180 months.

While Shaffer was talking about the fact that Shroyer would face more severe consequences if he committed the crime now, Pavlock wondered, “Is that something that the court can legally consider?” He said, “I can’t sentence someone for a crime that was a crime later on.”

Pavlock said, “It’s very dangerous legally to make that argument,” indicating that it could provide a means for defense counsel to dispute the sentence later on.

“That’s not what I’m arguing,” Shaffer said. She agreed that he could not impose a sentence for a crime for which Shroyer was not convicted.

After a couple more minutes of discussion, she asked Pavlock to consider an aggravated sentence only on the delivery of heroin charge due to the “significant impact on the life of the victim.”

The victim’s parents made statements to Pavlock before sentencing, too.

George Duke Sr. said the “emotional impact” of the case has been “a feeling of total devastation” — a “continual devastation that I think about every day.”

He said, “Parents should not be expected to bury their own children,” an experience that he said was made worse due to “criminal malice” in this situation.

Duke recalled hearing Shroyer apologize “passionately” saying he didn’t know the drug was potent; Duke disagreed with Shroyer’s assertion and related testimony that suggested otherwise.

“I believe without a doubt that Larry Shroyer knew the strength and potential damage” when he sold the drug, said Duke.

Lisa Duke, the victim’s mother, said, “My life will never be the same. The loss of my son’s the worst nightmare a mother can ever experience.”

She described the continuing emotional impact, from feeling depression during birthdays, to taking anxiety medication and talking to a grief counselor.

“Going through a jury trial was very difficult,” she said. She explained that hearing each witness “forced us to relive our nightmare.” Duke compared it to a “reenactment of a movie of my son’s death.”

Duke noted she felt Shaffer, Bradford City Police Chief Chris Lucco and others did a “wonderful job” with the case.

Both parents asked Pavlock to impose the maximum penalties possible.

Speaking on behalf of Shroyer, defense attorney John Thomas said, “I believe that the evidence presented at trial does not clearly indicate Larry Shroyer knew the drugs contained butyryl fentanyl.” He asserted there was “no finding of fact that the substance Larry Shroyer delivered to Duke caused his death.”

Shroyer was last to provide input before a sentence was imposed.

“First, I’d like to apologize and give my deepest sympathy to the Duke family and all you’ve been through,” he said.

Shroyer explained that while he’s been incarcerated, he’s had time to think about his own addictions and has had treatment at Maple Manor.

“I’ve been over three years clean,” he noted.

Shroyer explained he became hooked on pills after experiencing medical issues, and later he was taking illegal drugs to get through his work day. He said he has a problem with alcohol, too.

“We’re in a no-win situation. Who wins now? Nobody,” Shroyer said, and went on to describe the effect it has had on him.

“I’ve lost everything I’ve worked for my entire life,” he said.

He offered condolences to the family again and ended with, “God bless. Amen.”

As he prepared to impose a sentence, Pavlock said, “This is a very traumatic situation.”

However, he said he has to look at sentencing from a legal angle — “I can legally only look at what he was convicted of.”

Pavlock said he knew Shaffer would argue for a longer sentence due to the impact to the victim and his family. He explained that if he gave a sentence in the aggravated range, he “would have to state a legally justifiable issue” on the record.

He researched and could not find a single case where someone was sentenced in the aggravated range for a drug delivery charge because it resulted in death.

“That’s a logical legal analysis,” he said. “That’s not an emotional analysis.”

Pavlock noted the situation would be different for a charge of recklessly endangering another person, as the harm caused is part of the charge.

The judge noted he could consider Shroyer’s lengthy criminal record, which includes prior assault and drug act convictions, when he determined the sentence.

Shroyer has been incarcerated since Nov. 20, 2017.