By Liz Adkins
InkFreeNews

Shane A. Holloway

WARSAW — After over an hour of deliberation, a 12-person jury found Shane A. Holloway not guilty of dealing drugs to a woman who overdosed and passed away.

Holloway, 53, 306 W. Valleyview Drive, Syracuse, was found not guilty of dealing in a controlled substance resulting in death, a level 1 felony.

A judgment of acquittal will be filed in the case.

The case continued on Wednesday, Nov. 13, with Prosecutor Brad Voelz calling four additional witnesses.

Dr. Lyndsey Emery is a forensic pathologist who completed an autopsy on Nicole Coburn, the 41-year-old victim in this case. While completing the autopsy, Emery said she noticed Coburn’s body had cerebral edema and pulmonary congestion. These factors, according to Emery, can happen with any death but are consistent with a fatal drug overdose.

Toxicology results from Coburn showed she had fentanyl and its metabolites in her system. Coburn’s cause of death was ruled to be drug intoxication by fentanyl and acetylfentanyl.

Emery said no set quantity of fentanyl will result in a death, as it’s dependent on individuals’ characteristics. She testified about the possibility of two people taking the same amount of fentanyl, with one getting high and the other passing away.

In cross-examination by Defense Attorney Austin Rovenstine, Emery said forensic pathologists can’t conclude how drugs are introduced to a person, or who gave the drugs to the decedent.

Turkey Creek Fire Territory Battalion Chief Brian Richcreek said law enforcement was performing CPR on Coburn when he arrived at the scene. He and other TCFT personnel took over lifesaving efforts, attempting resuscitation for 30 minutes until they stopped, as no signs of life were shown.

Chelsi Clevenger, who allegedly provided fentanyl to Holloway, testified about her drug use with Chuck Losee on Aug. 25, 2023, and her involvement with Holloway. Losee was Coburn’s fiancé and someone Clevenger would use drugs with.

She told the jury she’s been a drug addict for about 20 years but has been sober for a little over a year. Clevenger said she wanted to take accountability for her drug use and felt she had some responsibility in Coburn’s death.

Clevenger also said she knew Holloway for a few months prior to Coburn’s death, but that they didn’t get along. Upon further questioning, Clevenger said drug addicts will deal with people they don’t like in order to get drugs.

In regard to Coburn, Clevenger said she never met her and noted Losee would not do drugs where Coburn resided. On Aug. 25, 2023, Clevenger and Losee used fentanyl together at the residence Clevenger stayed at.

On Aug. 24, 2023, Clevenger borrowed Holloway’s vehicle to travel to South Bend to get drugs, specifically fentanyl. She testified that she received about one gram of fentanyl and split that between herself and Holloway. Clevenger left one half gram of fentanyl in Holloway’s vehicle while she took the other half to use it with her friend group at the time.

Clevenger noted that she used bags with a purple, naked woman printed on them to distribute drugs after seeing a drug dealer in South Bend use them.

Clevenger also testified about a set of text messages between herself and Holloway about fentanyl on Aug. 24, 2023. In the messages, Clevenger said she left Holloway’s vehicle at his home and that there was some fentanyl in the vehicle for him to use.

During cross-examination, Clevenger admitted to initially telling Tony Schmucker, the lead investigator in this case, that Holloway did not receive drugs from her. She said during an interview in September 2023, her first instinct was to lie to Schmucker because she was scared and recently relapsed.

Clevenger also said she knowingly and intentionally brought drugs to Holloway, but was never criminally charged.

The state’s final witness was Brooke Shepler, a neighbor of the residence where the overdose occurred. Shepler had an outdoor security camera at her home which showed Holloway walking from a vehicle to his residence at 1:28 a.m. Aug. 25, 2023.

Following Shepler’s testimony, Voelz rested the state’s case. Rovenstine rested his case on the presumption of innocence and Holloway did not testify.

In closing statements, Voelz emphasized the importance of accountability.

“We don’t provide a drug addict who was working toward sobriety a deadly poison like fentanyl,” said Voelz. “Nicole deserves our respect for working toward her sobriety before her untimely death.”

Voelz argued the evidence presented during the trial showed Coburn was on strict supervision until she received fentanyl from Holloway.

“What changed?” said Voelz. “What events occurred to introduce drugs to Nicole Coburn? The answer is Shane Holloway delivered her fentanyl.”

Voelz laid out a timeline of events, stating Holloway brought fentanyl into the home; Coburn used the fentanyl and died from ingesting it; and Holloway moved the drug evidence from the bathroom Coburn overdosed in to a half-bath.

“The only person who could’ve altered or moved the evidence is Shane Holloway,” said Voelz. “That is the only option that makes sense. That action is evidence of Shane’s consciousness of his guilt.”

In his closing statement, Rovenstine emphasized the court’s instruction to the jury regarding presumption of innocence. He said the jury would have to err on the side of caution if they believed there were other possibilities on how Coburn received the fentanyl.

“The case is entirely circumstantial,” said Rovenstine.

He noted a 13-hour gap from when Shepler’s security camera showed Holloway going to his vehicle and when Coburn overdosed. Rovenstine also pointed to Clevenger’s testimony and how she described Holloway as an “impatient drug user” who would use substances as soon as he received them.

“The state wants you to believe he didn’t use those drugs until (Coburn’s death),” said Rovenstine.

Rovenstine pointed to testimony from Losee, who said he saw a drug bag with a gel pen mark versus one with a naked woman on it.

“You can’t jump to conclusions, and we know nothing about Nicole’s drug habits or how she would use fentanyl,” said Rovenstine.

He described Losee’s testimony as “suspect” and asked the jury to scrutinize its credibility.

“Everyone in this case acted suspiciously because everyone was afraid they would all end up where Shane Holloway is now,” said Rovenstine. “The state wants you to believe the house (where Coburn lived) was fully clean. But where there’s a will, there’s a way. I think it’s most implausible that in a house full of drug addicts, it was drug-free.”

Rovenstine said the greatest danger would be convicting a man who is innocent and reminded the jury about justice applying equally to everyone.

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