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City man pleads in drug death

Decker to serve 8.5-25 years on drug delivery resulting in death charge

HOLLIDAYSBURG — An Altoona man will serve 8.5 to 25 years in jail after pleading guilty to drug delivery resulting in death, a charge filed in connection with the 2017 fatal overdose of a 46-year-old Altoona man.

Gary Lee Decker, 47, rendered the plea Monday in Blair County Court where he took responsibility for selling fentanyl-laced heroin that killed Kevin S. Rightenour on Jan. 6, 2017. He was found dead in his basement apartment on the 1000 block of 20th Street.

In addition to the drug delivery resulting in death charge, Decker also pleaded guilty to a charge of criminal conspiracy to manufacture, deliver or possession with intent to deliver heroin.

Assistant District Attorney Derek Elensky and defense attorney Mark Zearfaus presented the negotiated plea to President Judge Elizabeth A. Doyle, who imposed the recommended incarceration time.

Decker, because of prior drug-related offenses, is ineligible for early release through the state’s Recidivism Risk Reduction Initiative, Elensky said.

Zearfaus referred to his client as a longtime drug user.

In 2013, Decker went before Blair County Judge Jolene G. Kopriva, who removed him from the county’s drug court program for his lack of effort. Instead, she sentenced him to 2.5 to five years in a state prison and encouraged Decker to pursue treatment there for his drug addiction.

After Rightenour was found dead, Altoona police found empty packets of heroin stamped “KO” in Rightenour’s apartment, along with numerous syringes. In a review of Rightenour’s phone, they found he had called “Gary” about 5 p.m. on Jan. 6.

Further investigation led police to identify “Gary” as Gary Decker, who had previously sold drugs to Rightenour. On Jan. 8, Altoona police narcotics officers raided Decker’s residence at 104 23rd Ave. and seized 90 grams of raw heroin along with packaging material stamped “KO.”

At the time of the raid, Kari Lynn Ellis, 49, was living at Decker’s residence, and police found some of the raw heroin in her purse. Ellis, who remains in Blair County Prison on $50,000 cash bail, faces charges of drug delivery resulting in death, possession of an illegal substance, criminal conspiracy to manufacture, deliver or possession with intent to deliver and criminal use of a communication facility.

Ellis’ charges are scheduled for review in court on Monday during a preliminary conference.

Mirror Staff Writer Kay Stephens is at 946-7456.

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