(Indianapolis, IN) - A LaPorte man convicted of Drug Dealing Resulting in Death has lost his appeal.
Devante King, 31, was sentenced to 30 years in prison for selling the heroin that caused the March 6th, 2020, overdose death of 26-year-old Anthony Comeno, who was found dead in the bathroom of his grandparents' home in Michigan City, according to court records.
In his appeal, King argued that prosecutors failed to present sufficient evidence to convict him of drug dealing, resulting in a death and a drug dealing charge.
However, the appeals court ruled King and Comeno exchanged text messages on their phones to arrange the heroin buy, and that other evidence showed that King and Comeno met at a gas station to complete the deal.
"A reasonable jury could have readily concluded from the state's evidence that King delivered heroin to Comeno as charged," the court said.
King still can ask the Indiana Supreme Court to consider reviewing his case. Otherwise, his earliest possible release date from prison is in October of 2042.
La Porte County Prosecutor Sean Fagan applauded the ruling of the appellate judges.
"Good, strong evidence is what convinces juries and wins trials. The Court of Appeals saw that and upheld the conviction,” he said.
Fagan also credited members of his staff for presenting a solid case.
“I was proud of the job my team did back in March when we got the guilty verdict and this is just further proof,” he said.