Convicted Burglar Blames Drug Addiction on Brother
Wednesday, June 8th, 2011
Courts are cracking down more and more on those who enable a patient’s drug addiction by providing them with illicit drugs – especially when the patient takes those drugs and ends up overdosing as a result. A new twist on this legal trend is highlighted by a recent case in which one patient charged with burglary claims that not only are his actions due to his drug addiction, but that his drug addiction isn’t his fault either – it’s the fault of his brother.
Donald Dovenbarger is the man who was charged with six counts of burglary and then sentenced to five years in prison as a result of his crimes. Says Dovenbarger: “I believe he is my biggest relapse trigger. I looked up to Curtis. He was kind of a role model to me. Well, not really a role model, but I just wanted to be like him.”
His point? He shouldn’t have to serve the five years in prison, though he likely won’t argue with the mandatory drug rehab program that the judge ordered for after his release. What Dovenbarger doesn’t see is that, in this case, five years is a blessing; he could have gotten as many as 30 years in prison.
And it’s not like his brother, Curtis, got off scot-free. In fact, Curtis was with Donald on the burglaries and was also charged with six counts of the crime. He too was convicted but his sentence was even stiffer: eight years in prison instead of Donald’s five year sentence.
Donald’s lawyer, Kristen Burkett, agrees that Curtis had a lot to do with Donald’s drug addiction issues, his crimes, and ultimately, his conviction. She said: “That relationship has brought him to where he is today.”
Donald reports that he began using drugs by smoking marijuana, then began drinking, then took prescription drugs, and eventually developed a heroin addiction. He said the real problems began when his brother told him to try Xanax because he would like the high. Hanging out with his brother was what Donald credits with his repeated and unsuccessful attempts to remain clean and sober.
It was perhaps those failed attempts at sobriety that made the judge decide to give him five years – one more than prosecutors asked for. The five-year sentence means that Donald will not be eligible for judicial review and will be required to complete the full sentence, remaining in custody until he completes a drug rehab program – the one thing that will be able to help him from repeating his mistakes in the future, no matter what influences are around him.
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