September 28, 2024 at 12:20 a.m.

Brenner receives 20-year sentence

Dunkirk man pleaded guilty in connection with OD death


A Dunkirk man will spend two decades in prison for dealing narcotics.

Cody A. Brenner, 33, 317 E. North St., was sentenced Friday to 20 years in Indiana Department of Corrections.

Brenner pleaded guilty Aug. 20 to a Level 2 felony for dealing narcotics. He had been charged with a Level 1 felony in connection with the death of 26-year-old Zachary Long of Dunkirk on Sept. 11.

A 14-year-old boy, identified as M.N. in court documents, found Long’s body. 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 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 admitted to selling M.N. a bag of heroin and fentanyl near Broad Street in Dunkirk.

M.N. told police 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.

Long’s parents, Chris Long and Nicole McCoy, pushed for Brenner to receive the maximum sentence.

Chris Long told the court he will not get to see his son reach life milestones, such as getting married or having children.

“The one thing you don’t do is put a timer on those things,” said Chris Long. “I didn’t get to check all those things off the list.”

“My baby boy was gone,” McCoy  said, appearing via video call. “I didn’t get to say goodbye.”

Julie Hale, Brenner’s aunt, asked the court to consider a lesser sentence.

She pointed to his past as a volunteer for their church and food pantry.

“His heart is huge,” she said. “He has a big, warm heart, he will help people.”

Brenner spoke quietly while addressing the courtroom Friday. He gave his “full condolences” to Long’s family.

Jay County chief public defender Brandon Murphy asked for Brenner to receive a 20-year sentence with 10 years suspended.

Jay County chief deputy prosecutor Zech Landers pointed to Brenner’s criminal history, which includes past guilty pleas to felony drug charges. 

Brenner’s plea agreement called 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. 

Jay Circuit Court judge Brian Hutchison said the aggravating circumstances in Brenner’s case “far outweigh” the mitigating circumstances, and he sentenced Brenner to 20 years in Indiana Department of Correction.

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