Three Dubuque men sentenced in federal court for heroin conspiracy

CEDAR RAPIDS - The last three of five Dubuque men were sentenced Tuesday in federal court for their involvement in a conspiracy to distribute heroin and fentanyl that resulted in the death of a 28-year-old man last year.

The victim's mother, Lisa Lepsch, gave victim's impact statements at two of men's sentencings who received enhanced penalties based on the death of her son David Lepsch on April 11, 2016.

Lisa Lepsch said in her statement it is impossible to describe the 'sadness and pain so deep and dark” she feels, even 15 months later, after heroin and fentanyl caused her son's death. His death has impacted her 'emotionally, financially and spiritually.”

The grieving mother, who sobbed at times during her statements, said she will never forget kneeling down by her son's 'lifeless body” that day, knowing he was dead. She misses her 'beautiful boy” and will forever love and miss him.

The five co-conspirators distributed heroin and fentanyl from 2013 through April 2016 in the Dubuque area from a house on Iowa Street. The men sentenced Tuesday are:

- Derrick Brown, 26, who previously pleaded to conspiracy to distribute heroin resulting in death. He was sentenced in U.S. District Court to 20 years in prison.

- Antwain Spratt, 40, who previously pleaded to distribution of heroin within a protected area - a school - and to a felon in possession of a firearm. He was sentenced to 20 years in prison.

- Tywone Matthews, 41, was previously convicted in a non-jury trial for distribution of heroin within a protected area, possession with intent to distribute heroin and fentanyl within a protected area and distribution of heroin and fentanyl within a protected area. He was sentenced to nearly six years - 71 months - in prison.

Two others, D'Anthony Moore was previously sentenced to six years and Jeffrey Hitchcock was sentenced to three years in prison for their involvement in the conspiracy.

Assistant U.S. Attorney Dan Chatham said during Brown's hearing that Brown was the leader of the drug conspiracy and he and Matthews were responsible for selling the lethal mix of heroin and fentanyl to a woman who shared it with Lepsch. The woman, who testified during a previous hearing, said she lost consciousness after taking the drugs and when she awoke, Lepsch was unresponsive and not breathing. Emergency responders were called but when they arrived Lepsch was already dead.

Court documents show Brown stipulated in his plea that he didn't intend for his customers to die but he "knowingly risked" his customers lives by distributing the mixture of heroin and fentanyl.  

Chatham, in asking for the enhancement of penalty in the cases, said this is a 'devastating” crime that destroys lives daily.

Brown admitted he made some 'seriously bad decisions” and apologized to the court, the community and his family.

Matthews, during his sentencing, asked the judge for 'mercy.”

U.S. District Chief Judge Leonard Strand echoed Chatham's remarks during Brown's hearing, saying that heroin is an 'extremely addictive poisoning” that was brought into the community by Brown and the other men.

'Getting someone hooked on heroin is like a life sentence. ... Heroin users are dying,” Strand added.

Brown was responsible for more than a kilogram of heroin and 4 grams of fentanyl, Strand pointed out. Customers told him it was too strong, according to testimony, but he and the others continued to sell it. Strand also gave Brown some credit for owning up to his part in Lepsch's death and admitting he was a leader of the conspiracy.   

Each of the men's sentencing varied according to their charges and previous criminal history.

Brown and Spratt both had several previous convictions. Brown received more prison time because of his role in the death of Lepsch and Spratt received more time because he is considered a 'career offender” based on his previous convictions.

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