(Indianapolis, IN) - A Michigan City area man will remain in prison for giving his father the heroin blamed for his death.
Joshua Wozniak, 28, is serving a five year sentence for level 5 felony reckless homicide. In his appeal, he claimed there was not sufficient evidence to find him guilty of causing the 2019 death of his father, Larry Wozniak. The Indiana Court of Appeals on January 20 disagreed. In its decision, the appellate judges referred to a forensic pathologist ruling cause of death was from use of heroin and cocaine with lung and heart disease as contributing factors.
According to prosecutors, Wozniak and his 67-year old father regularly used heroin and cocaine together since the victim allowed his son to move in with him the previous month. There was conflicting evidence on whether the victim or his son injected the heroin. However, the judges cited evidence that shows Wozniak purchased the heroin and loaded a syringe containing the heroin consumed by his father.
A jury found Wozniak not guilty of level 1 felony dealing in a controlled substance causing death. Wozniak argued he did not act recklessly. Instead, Wozniak said he was showing compassion by giving drugs to his father who could no longer function without narcotics.
Wozniak is eligible to seek a reduction in his sentence after three-years as long as he successfully completes substance abuse treatment while imprisoned.