One sentenced in 2016 heroin death

WORLAND – A Worland man will face up to eight years behind bars for his role in the heroin-related death of a Worland man in September of 2016, after being sentenced in Fifth Judicial District Court on Wednesday.

Earlier in May Joseph A. Leyva, 29, pleaded guilty to involuntary manslaughter for supplying Robert C. Kulze, 30, with a fatal dose of heroin Sept. 2, 2016. The plea agreement was struck ahead of a scheduled May 14 jury trial.

Leyva set a factual basis during his change of plea hearing, in front of District Court Judge Robert E. Skar, admitting to providing Kulze with heroin at his home on 501 Howell Ave. in Worland. Later, he and two others moved Kulze’s body to his nearby residence at 504 Obie Sue Ave and staged the scene to appear that Kulze died in his own home.

According to an affidavit from the county attorney’s office, Kulze was found dead on the floor of his home at 10:45 a.m. on Sept. 3, 2016, by a friend. An autopsy by Dr. Thomas L. Bennett, on behalf of Coroner Jeff Lapp, revealed the cause of death as overdose by heroin.

After an investigation by the Washakie County Sheriff’s Office and Worland Police Department, and interviews with several witnesses, it was determined that Kulze had allegedly gone to the Leyvas’ residence on Sept. 2 to buy heroin from Joseph Leyva. After injecting the drug, Kulze reportedly collapsed and was allegedly left on the floor for several hours, before it was determined he had died.

Allegedly, the Leyvas recruited a third party to help move Kulze’s body to his residence across the alley, where he was placed on the living room floor in front of the television. Allegedly, Joseph Leyva used Kulze’s cell phone to dial Washakie County Dispatch, before hanging up on the emergency operator. The men then reportedly wiped the scene of their fingerprints and returned to the Leyva’s residence.

Both Leyvas were already in the custody of Washakie County when charges were filed in the death of Kulze, resulting from a month-long investigation by the Washakie County Sheriff’s Office, on charges of conspiring together with intent to deliver a controlled substance, classified as a Schedule 1 drug (heroin).

According to court documents, Joseph Leyva, on or between July 18, 2016, and Dec. 14, 2016, traveled to Utah several times to purchase heroin for resale in Washakie County. During the county’s investigation, it was discovered that Leyva also allegedly recruited brother Daniel Leyva to help transport and distribute the drug.

As part of a plea deal, Leyva received a four- to six-year sentence to be served as a split-sentence, meaning he will serve one year in Washakie County jail, and his additional time will be converted to supervised probation. This sentence will run consecutive to a seven-year prison sentence and five years of supervised probation he has already received in connection with a plea agreement in a federal trafficking charge, for transporting heroin across state lines from Utah.

In all, Leyva will serve eight years incarcerated and eight years on supervised probation. If he fails during his supervised probation period, he could serve the remainder of his four- to six-year sentence on the manslaughter charge.

Leyva was represented by public defender Sarah Miles.

Daniel Leyva was originally charged with a misdemeanor in the case, but the Washakie County Attorney’s office amended the charges to include conspiracy. He now faces up to three years in prison and a fine up to $3,000 for his alleged role. His sentencing date has yet to be scheduled by the court.