Jeannette man gets 10 years probation for his brother's overdose death

A Jeannette man will serve 10 years on probation for selling the drugs his younger brother used before he died of an overdose nearly three years ago.

Markus McGowan, 32, was facing a potential 10-year prison term but, following testimony from his mother and a family friend, a Westmoreland County judge said Monday that a prison term was not the appropriate sentence.

“Whatever possessed you to give those drugs to your brother, I can’t imagine,” said Westmoreland County Judge Christopher Feliciani. “You are going to have to live with that and I can’t see a benefit for your family losing another child.”

In addition to the probation term, the judge ordered McGowan to serve two years of house arrest.

McGowan was convicted of one count of drug delivery resulting in death following a three-day jury trial earlier this year. Prosecutors contended McGowan’s younger brother, Matthew, 22, died Dec. 28, 2016, after using doses of fentanyl-laced heroin he purchased from his brother for $60.

Prosecutors said Matthew McGowan overdosed at least four times using the drugs. Markus McGowan testified at his trial that he never owned the drugs used by his brother. McGowan maintained he found seven stamp bags of drugs in his basement and gave them to his brother to get them out of the house. He said he found another 46 packets and turned them over to police after they came to tell him about his brother’s overdose.

In court on Monday, McGowan pleaded for leniency, saying his family has already suffered enough because of his brother’s fatal overdose and the shooting death of another brother earlier this year.

“I loved both of my brother’s more than anything. I just don’t want to be taken away from my family, my community,” McGowan said.

Defense attorney Ken Noga argued that, because McGowan had no prior criminal record, has a long history of community service, including coaching youth football and basketball and working with disabled seniors, he should not be sent to prison.

“This young man is not what he was accused of doing. He’s better than that,” Noga said.

Prosecutors said McGowan’s sentence should adhere to standard guidelines that called for him to serve at least five years in prison.

“This is about Mr. McGowan’s accountability. We are not in the forgiveness business. He needs to be held accountable,” said Assistant District Attorney Leo Ciaramitaro.