WAUKESHA COUNTY (WITI) -- Charged with homicide, accused of delivering heroin that led to the overdose death of a 19-year-old man, an Oconomowoc teenager has reached a plea deal in the case against him.
17-year-old Alexander Leisten pleaded guilty in court on Tuesday, October 28th to an amended charge of second degree reckless homicide in the death of 19-year-old Archie Badura.
Leisten initially faced two charges of first degree reckless homicide/delivering drugs. As part of the plea deal he reached on October 28th, a felony charge of manufacturing/delivering heroin (less than three grams) filed against Leisten in a separate case was dismissed.
During Leisten's plea hearing, as the court convicted him on the second degree reckless homicide charge, Leisten was sentenced to 3.5 years in prison and 3.5 years extended supervision, with credit for 76 days served.
Additionally, Leisten must pay court costs and restitution to Badura's family for funeral costs.
Leisten was charged under the "Len Bias Law." Passed by Congress in the 1980s, it holds suppliers of a drug responsible when a user dies.
19-year-old Archie Badura died on May 15th, 2014 in the Village of Summit. A Medical Examiner determined Badura died as a result of acute heroin intoxication.
On that day, a detective was dispatched to a possible heroin overdose, after Badura was discovered not breathing and without a pulse by his girlfriend. Badura’s father was performing CPR on him.
Emergency medical personnel arrived at the scene just before 9:00 a.m., and administered Narcan to Badura. He was pronounced dead at the scene shortly before 11:30 a.m.
The criminal complaint against Leisten says Badura’s girlfriend told investigators she and Badura had snorted heroin the prior evening, and that additional heroin was located in a walk-in closet — in a boot.
The complaint says a pill bottle was discovered inside the boot — that had one dark-colored rock in it, which investigators believed to be heroin. It eventually tested positive for the presence of heroin.
Badura’s girlfriend told investigators around 1:30 a.m. on May 15th, she and Badura did a line of heroin each before going to bed. She said when she woke up, Badura wasn’t breathing. She called 911, and then notified Badura’s father, who began performing CPR. This, according to the complaint against Leisten.
Inside Badura’s home, the complaint says investigators located a ballpoint pen shell — with no ink or cap. The criminal complaint against Leisten says white powder residue was discovered in the lower portion of the pen.
The complaint says investigators interviewed Badura’s girlfriend, who said she introduced him to heroin in January of 2014 — about a month after they started dating. Badura’s girlfriend told officials whenever they had money, usually several times a week, they would purchase heroin.
The complaint says Badura’s girlfriend moved in with Badura and his parents — and in March, both stopped using heroin.
The complaint says in May, Badura’s girlfriend told investigators she was in the hospital for a couple of days — and during that time, Badura began using heroin again with his cousin.
The complaint says on May 14th, Badura’s girlfriend told investigators she wanted to get heroin, and she texted the person she usually gets heroin from. The complaint says Badura subsequently met with Leisten in order to get heroin.
The complaint says Badura and his girlfriend were picked up by Leisten and his aunt — and they drove to a Walgreens store in Wauwatosa, where the deal took place. They apparently bought $150 worth of heroin.
Badura’s girlfriend told officials Badura divided the heroin — giving some to the driver, Leisten’s aunt, and some to Leisten for arranging the deal. They then stopped in Waukesha and met with Badura’s cousin — giving him some heroin. He, in return, gave them some Xanax — according to the complaint.
Badura and his girlfriend were then dropped off at Badura’s parent’s residence.
The complaint says Badura’s girlfriend and Badura did some of the heroin — with Badura’s girlfriend commenting that the heroin was strong — and so they should check on Badura’s cousin to be sure he is okay. They were unable to get ahold of him.
The complaint says Badura’s mother picked up Badura and his girlfriend so that they could check on Badura’s cousin. They were unable to make contact with him at his residence — so they went to the Waukesha County Sheriff’s Department, which made contact with the Waukesha Police Department.
Waukesha police found Badura’s cousin unresponsive — and he was taken to the hospital for treatment of a heroin overdose.
The complaint says while at the Waukesha Police Department, Badura’s girlfriend had to be taken to the hospital by ambulance — where she received Narcan. She was eventually released from the hospital — and her father picked up her and Badura and drove them back to Badura’s parent’s home.
The complaint says Badura and his girlfriend used some of the heroin before bed.
The complaint says Badura and his girlfriend went outside for a cigarette before bed — at which time Badura’s girlfriend said he wasn’t acting right, but because he was talking, she didn’t think he was overdosing. They went to bed shortly afterwards.
The complaint says Badura’s girlfriend says when she woke up, she noticed Badura’s lips were blue and he wasn’t moving. That’s when Badura’s father began performing CPR, and 911 was called.
The complaint says a detective investigating Badura’s death contacted police detectives who were investigating the drug overdose of Badura’s cousin, who remained at the hospital in critical condition.
The complaint says those investigators indicated they spoke with Badura earlier on May 14th, who indicated Leisten had been contacted earlier on May 14th for the purpose of obtaining heroin for Badura, his cousin and his girlfriend. The complaint says Badura told investigators he contacted Leisten who was able to make a connection with the assistance of his aunt. The complaint says Leisten’s aunt agreed to drive them to Milwaukee to obtain heroin.
The complaint says Badura told investigators it was Leisten who got into the supplier’s vehicle, and came back with the heroin. The complaint says Badura, his girlfriend, Leisten and Leisten’s aunt used in the vehicle, before driving to Badura’s cousin’s home.
The complaint says on August 12th, investigators interviewed Leisten.
The complaint says Leisten told investigators Badura contacted him for some heroin on May 14th — saying Badura didn’t have the phone number for Leisten’s heroin source — and further, Badura didn’t have a vehicle.
The complaint says Leisten called his source in Milwaukee to set up a deal — and contacted his aunt about driving them there.
Leisten told officials he called his source and advised his source as to where they would meet. Leisten told officials he couldn’t recall how that meeting went between he and the source — saying he wasn’t sure when they met the source, or whether the source came up to the car — or whether Leisten entered the source’s vehicle.
The complaint says Leisten told officials he had no recollection of the drive to Waukesha — saying he may have passed out.
If Leisten were convicted on the initial charges he faced in this case, he could have been sentenced to a maximum of 40 years in prison.