Fentanyl dealer pleads guilty to criminal negligence for fatal overdose

The first person to be charged by Edmonton police with manslaughter for a customer's fentanyl overdose death has pleaded guilty to a lesser charge. 

Jordan Yarmey pleaded guilty Monday in Edmonton Court of Queen's Bench to trafficking and criminal negligence causing death. 

An agreed statement of facts presented to Justice Beverley Browne revealed for the first time what happened in January 2016.

• Trial begins for Edmonton man charged with manslaughter in fentanyl death
• Accused in fentanyl death arrested in drug sting on day body found, court told

Szymon Kalich, 33, contacted Yarmey on Jan. 25, 2016, after he was released from a residential drug treatment centre.

He got Yarmey's number from another patient at the facility. Yarmey offered to sell Kalich three fentanyl pills for $100.

"Even though Kalich did not have any money, Yarmey gave him some fentanyl hoping that he would become one of his regular drug customers," the agreed statement of facts said. "They both consumed part of a fentanyl pill by crushing it onto a plate and snorting it." 

Yarmey then went into his bedroom and left Kalich on the living room couch. Kalich still had fentanyl in his possession. 

Sometime the next day, Kalich died of a fentanyl overdose. 

Yarmey didn't come out of his bedroom until around noon on Jan. 27. In the living room, he saw Kalich dead, slumped over on the couch, the court was told.

Yarmey dragged the body into the hallway of his apartment building. Neighbours quickly made the disturbing discovery and contacted police. 

'I think someone OD'd in my living room' 

Police soon tracked Kalich's body to Yarmey's apartment. Yarmey and his roommate were questioned by police. 

"I think I moved a dead body and I'll be getting charged," Yarmey wrote in a text message exchange with a friend. "I think someone OD'd in my living room." 

When his friend asked who, Yarmey replied, "A custy [customer]." 

After police left, Yarmey met with a woman to sell her fentanyl. She was actually an undercover RCMP officer. He told her he had given fentanyl to Kalich, admitting that the pills he was selling to her were the same type Kalich had taken. 

Yarmey was arrested.

Earlier this year, he was convicted in a separate case of one count of trafficking and sentenced to 76.5 days in custody, which he has been allowed to serve on weekends.

• Accused in fentanyl death sentenced in separate trafficking case

In handing down that sentence in May, Court of Queen's Bench Justice Susan Bercov noted that Yarmey's case was "remarkable" because he was able to turn his life around following his arrest.

Yarmey entered drug treatment and has been drug-free for the past three years. She chose an intermittent sentence for Yarmey so he could continue with mental health and addiction treatment. 

"Concerns have been raised by the experts about the potential for relapse should a custodial sentence be imposed that denies Mr. Yarmey what he needs," Bercov wrote. "It is not difficult to conclude that a lengthy custodial sentence in this case is a recipe for relapse."

Now that's exactly what Yarmey faces. 

Sentencing submission Wednesday 

The Crown and defence told the judge they plan to submit a joint sentencing recommendation on Wednesday. Prosecutor Shivani Naidu-Barrett said the proposed sentence will be four years in prison for criminal negligence causing death, to be served with a concurrent three-year sentence for trafficking. 

Yarmey knew how dangerous fentanyl is, and by selling it demonstrated a wanton disregard for Kalich's safety, the agreed statement of facts noted. 

Kalich's parents are expected to be in court Wednesday to deliver victim impact statements. 

Yarmey remains free on bail pending sentencing.