The grandmother and mother of 16-year-old Andrew Frye never intended for him to take the heroin that killed him, the women’s attorneys said Wednesday.
Brenda Frye gave the drugs to her daughter, Heather, expecting that Heather and her friend would use them in the Green hotel room they were sharing with Andrew.
Heather and her friend took the heroin, but so did Andrew. Heather found him dead the next morning.
“There was no intent for this to happen,” John Greven, Heather Frye’s attorney, said during the sentencing for the two women Wednesday afternoon in Summit County Common Pleas Court. “Out of pure stupidity and addiction, they created an environment in which it could happen.”
Judge Lynne Callahan sentenced the two women, bound together by shackles linking their arms, to nine years in prison each. Callahan said she held them equally culpable for Andrew’s death in April.
“It really comes down to personal responsibility,” Callahan said. “A 16-year-old is dead.”
Heather didn’t speak during the sentencing, while Brenda made only a brief statement. Heather was more emotional than her mother, clutching a worn tissue and frequently wiping away tears.
Andrew’s death on April 6 garnered national attention because of his family members’ involvement. The sentencing was mentioned Wednesday morning on several national television shows, including the Today Show.
Summit County has been more aggressive than other large counties in Ohio in charging people who provide deadly doses of opiates with involuntary manslaughter. The charge carries a maximum of 11 years in prison, with the length of the sentence depending on the person’s role in the death. Dealers generally get more time and fellow users net less.
Others involved
Four people were indicted for Andrew’s death: his mother; grandmother; Jessica Irons, Heather Frye’s friend who was in the hotel room; and Donald Callaghan, Brenda Frye’s friend from whom she got the heroin.
Heather Frye, 32, pleaded guilty Aug. 31 to involuntary manslaughter, endangering children and evidence tampering. Brenda Frye, 52, pleaded guilty that same day to involuntary manslaughter and heroin trafficking.
“It’s clearly a situation that could have — and should have — been avoided,” said Assistant Summit County Prosecutor Dan Sallerson.
Sallerson said no one from the family wanted to speak at the sentencing, though several were present in the courtroom. A few wept during the sentencing and comforted each other in the hallway afterward.
Sallerson said his office viewed Heather as more responsible for Andrew’s death than Brenda and noted that the grandmother cooperated with the investigation. He suggested an 11-year sentence for Heather and eight years for Brenda.
Greven, however, urged Callahan to consider a lesser sentence for Heather. Contrary to media reports about Andrew’s death, he said Heather didn’t say she wanted to be the “fun weekend mom” and didn’t tell Andrew he had to use drugs in the hotel bathroom so she wouldn’t see him do it.
Instead, Greven said, Heather was angry with Andrew when she saw him with a syringe, suggesting he may have taken some of the heroin. Greven said Irons confirmed this account to investigators.
Greven said Heather was raised by a mother who abused drugs and began using drugs herself by the time she was 12. He said the mother and daughter did drugs together.
Both women have prior drug charges.
Paul Grant, Brenda’s attorney, said his client is a heroin addict and her intent was to provide heroin to her daughter, a fellow addict. He said she didn’t think her grandson would partake in the drugs.
Brenda Frye spoke briefly, apologizing to Andrew, to everyone who loved him and to the community.
Callahan said Heather and Brenda had a lifetime to get help with their addictions and each completed treatment programs. The judge said Heather is the product of Brenda’s choices.
“You call yourself a mother,” she said to Heather, who sobbed softly. “Biological. It’s not real.”
After the sentencing, Heather and Brenda Frye said nothing to television reporters who hurled questions at them. The two stood facing the back of the courthouse elevator with deputies on either side of them.
Scott Frye, Brenda’s son, said both women are remorseful.
“No matter what, though, nothing can bring back Andrew,” he said. “So, we’re just going to remember him in a good way.”
Stephanie Warsmith can be reached at 330-996-3705, swarsmith@thebeaconjournal.com and on Twitter: @swarsmithabj .