Dayton Men Charged for Dealing Herion, Fentanyl that Resulted in User Deaths

DAYTON – A federal grand jury has charged Charles M. McBeath, 32, of Dayton, and Antonio J. Spiva, 24, of Dayton, with conspiring to distribute heroin and fentanyl, distributing fentanyl that resulted in the death of at least two individuals, distributing heroin and maintaining properties for the purpose of using and distributing the drugs in a 10-count indictment returned in Dayton.

Carter M. Stewart, United States Attorney for the Southern District of Ohio, Montgomery County Sheriff Phil Plummer, Dayton Police Chief Richard Biehl and other members of the Heroin Eradication Apprehension Team (HEAT) announced the indictment that was unsealed today.

The indictment alleges that through late May 2015, McBeath and Spiva distributed heroin and fentanyl while maintaining operations at residences located on E. Fifth Street, S. Torrence Street and S. Horton Street, all in Dayton. It is alleged that their distribution of fentanyl on May 25, 2015 resulted in the overdose death of two individuals.

Distributing more than 100 grams of heroin carries a mandatory minimum of 5 years up to a maximum potential sentence of 40 years in prison. Distribution resulting in death is a crime that is punishable by a mandatory minimum of 20 years up to lifetime imprisonment. Maintaining a property for the purpose of distributing or using illegal drugs is punishable by up to 20 years imprisonment.

McBeath and Spiva are also charged with three counts of distributing heroin. Each count carries a maximum sentence of 20 years in prison.

Both defendants remain in custody.

The HEAT initiative was announced in May 2015 and includes the U.S. Attorney’s Office, DEA, Dayton Police Department, Montgomery County Sheriff’s Office, Montgomery County Coroner’s Office, and the Miami Valley Regional Crime Laboratory. The intent of the task force is to prosecute heroin and fentanyl suppliers who contribute to both fatal and non-fatal overdoses in Montgomery County.

U.S. Attorney Stewart commended the investigation of this case by HEAT, and Assistant U.S. Attorney Sheila Lafferty, who is prosecuting the case.

An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.