Brenner pleads to dealing narcotics

A Dunkirk man accused of dealing fentanyl resulting in another man’s death has pleaded to a lesser charge.

Cody A. Brenner, 33, 317 E. North St., pleaded guilty Tuesday morning to intentionally dealing in a narcotic drug, a Level 2 felony. Brenner had been charged with a Level 1 felony — it has a sentence range between 20 and 40 years — in connection with the death of 26-year-old Dunkirk resident Zachary Long on Sept. 11.

A sentencing hearing was scheduled for 11 a.m. Sept. 27.

A 14-year-old boy, identified as M.N. in court documents, discovered Long. An autopsy indicated Long died from fentanyl exposure. A toxicology report showed he had a blood alcohol level of 0.087%, as well as ethanol, fentanyl and norfentanyl in his body. 

According to court documents, Brenner admitted during an interview with police Oct. 24 that he dealt heroin to M.N., and he admitted to purchasing $60 worth of heroin Sept. 10, which he split and sold half to M.N.

Brenner initially denied knowing that the heroin he delivered would cause an overdose, the documents say. During an interview two days later, though, he admitted to selling M.N. a bag of heroin and fentanyl near Broad Street in Dunkirk. He told police “anymore it’s all mixed together,” court documents say, and he said he didn’t know M.N. planned to share the drugs with Long.

M.N. told police Oct. 25 he purchased the fentanyl from Brenner on Sept. 10. He let Long “snort a line,” and after the heroin, Long crushed and snorted a Xanax, according to court documents. M.N. left Long’s house afterward. M.N. also overdosed that night, but emergency personnel revived him.

Per Indiana Code, dealing narcotics can range between a Level 2 felony and a Level 5 felony, depending on the circumstances. To be defined as a Level 2 felony, the offense must include: at least 10 grams of the drug involved or an enhancing circumstance applies and the drug must have been heroin or a fentanyl containing substance.

Answering questions from Jay County chief deputy prosecutor Zechariah Landers and chief public defender Brandon Murphy, Brenner admitted Tuesday to intentionally dealing narcotic drugs between Aug. 1 and Oct. 20.

Brenner’s plea agreement calls for his sentence not to exceed 22 years. In Indiana, a Level 2 felony has a sentence range between 10 to 30 years, with an advisory sentence of 17 years.