October 26, 2005
Press Release

Man Pleads Guilty to Murder, Distributing Methadone

BEDFORD, VA - A Goodview man pleaded guilty during an arraignment Tuesday to second-degree murder and distribution of methadone. Nicholas Todd Russell, 21, was arrested in May and charged with selling methadone in 2003 to Tyler Jay Hawley, 19, also of Goodview, who later overdosed and died.

Typically, a second-degree murder charge means authorities believe the killer had malicious intent, said Randy Krantz, Bedford County Commonwealth’s Attorney. However, state law allows authorities to bring such a charge against anyone who accidentally kills someone while committing a felony, such as distributing methadone, Krantz said.

Though Russell pleaded guilty, a judge delayed convicting him pending a pre-sentencing report that Krantz said could take four to six weeks. Russell could withdraw his guilty plea before then, but Krantz said, “It would be very surprising in these circumstances.” If found guilty, Russell faces five to 40 years in prison for each of the two charges plus fines up to $500,000, Krantz said. A special grand jury initially also indicted Russell on a charge of distributing cocaine, but as part of a plea agreement, prosecutors dropped that charge, Krantz said. Hawley died Oct. 3, 2003. In April, Sgt. Gary Babb of the Bedford County Sheriff’s Office’s Cold Case Unit began reinvestigating the case.

At Tuesday’s arraignment, Babb, the sole witness, testified that during his investigation, people he interviewed told him Russell drove to Roanoke to buy methadone and later sold it to Hawley. Methadone, commonly used for treating heroin addiction, is sometimes abused by recreational drug users, according to officials.

Hawley had recently received $20,000 from an insurance settlement related to an automobile accident, and that money made him a target for drug dealers, Babb testified. Witnesses told Babb that Hawley took one wafer of methadone - about four doses - the night of Oct. 2, 2003, Babb testified. While at the Stewartsville house of an acquaintance, Hawley’s nose bled and his lips were blue, Babb testified. According to Babb, the acquaintance told others there, “You need to get him out of my house. I don’t want him dying in my house.” Other witnesses told Babb that later that night, Hawley “was talking out of his head at that point and seeing things,” Babb testified.

Around 5 a.m. on Oct. 3, Hawley’s mother, Karen Holyfield, found Hawley asleep in his vehicle in the driveway of his home, Babb testified. He was snoring heavily, so she left him alone. Soon after, Holyfield checked on him again, Babb testified. He was not breathing. She called 911. According to an autopsy report, the cause of Hawley’s death was a methadone overdose. There were other drugs such as codeine and cocaine in his system, but there was “more than enough” methadone to kill him, according to the autopsy report.

Russell’s attorney, Richard Lawrence, questioned whether Hawley had a history of drug use. Babb said no, but said he likely knew the dangers of using drugs. Lawrence asked Babb if Russell forced Hawley to take the methadone. Babb said no. Lawrence asked Babb if he thought Russell wanted Hawley to die. “I’m sure he didn’t,” Babb replied.

Russell has prior convictions. In 2004, he was convicted of three counts of statutory burglary and three counts of petit larceny, according to court records. The date of Russell’s judgment and sentencing have not yet been set.

Story courtesy of Matt Busse, NewsAdvance.com

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